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| Dependency and
Indemnity Compensation (DIC) payments are made to certain survivors
of service members or veterans who died from specified conditions
while on active duty. These payments may be made to the surviving
spouse of the deceased veteran (hereafter spouse); surviving
child(ren) of the deceased veteran (hereafter child(ren)), and
surviving low-income parents of the deceased veteran (hereafter
parents). |
Income:
Not a condition for spouses or children.
There is an income test for parents who must report
all sources of income to VA, e.g., gross wages, retirement
annuity, insurance proceeds or annuity, interest, and
dividends. The spouse's income must also be included
if a parent is living with a spouse. A spouse may be
the other parent of the deceased veteran, or a parent
may have remarried. The following are the current income
limits for parents (although unusual medical expenses
may be used to reduce countable income):
| Sole surviving parent, or 1 of 2 parents not living
with a spouse |
$11,560 |
| Sole surviving parent living with a spouse or 1 of 2
parents living with a spouse |
15,538 |
Assets:
Not a condition.
Age:
The child must be under 18, between 18 and 23 and in
school, or a helpless child of a veteran whose death
is related to service.
Disability:
DIC payments may be authorized for survivors of veterans
who had total, service-connected disabilities at the
time of their death but whose deaths were not the result
of their service-connected disability. The survivor
qualifies if: (1) the veteran was continuously rated
totally disabled for a period of 10 or more years immediately
preceding death; or (2) the veteran was so rated for
a period of not less than 5 years from the date of discharge
from military service; or (3) veteran was so rated for
at least one year before death if the veteran was a
former prisoner of war who died after 9/30/99. Payments
under this provision are subject to offset by the amount
received from judicial proceedings brought on account
of the veteran's death.
Presence of Spouse:
Not a condition. See Other Eligibility Conditions for definition
of surviving spouse, including how long he/she must
have lived with the veteran.
Presence of Children:
There are benefits for dependent children and for unmarried
children under the age of 18. A person may be an eligible
survivor if he/she is an unmarried child of the deceased
veteran, under age 18 or between the ages of 18 and
23 and attending school.
Prior Contribution:
No financial contribution. The contribution is military
service and death or disability resulting from that
service.
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| Exhaustion of benefits from other
programs:
Benefits for death due to non-service-connected cause
are subject to offset by the amount received from judicial
proceedings brought on account of the veteran's death.
Job Search:
Not a condition.
Participation in Work Program:
Not a condition.
School Attendance:
Beneficiaries between the ages of 18 and 23 must be
attending a VA-approved school.
Citizenship/ Legal Alien Status:
Not a condition.
Other Eligibility Conditions:
Discharge Status: If
death occurred after service, the veteran's discharge
must have been under conditions other than dishonorable.
Eligibility for Special Benefits:
If surviving spouses and parents receiving DIC are patients
in a nursing home or require the regular assistance
of another person, they may be granted a special allowance
to pay for aid and attendance of another person.
If surviving spouses receiving DIC are not so disabled
as to require the regular aid and attendance of another
person but who, due to disability, are permanently housebound,
they may be granted an additional special allowance.
Eligibility of Surviving Spouse:
A surviving spouse may be an eligible survivor if he/she
was married to the veteran for at least 1 year (if a
child was born of the union, there is no time requirement);
the marriage was valid, and the spouse lived with the
veteran continuously until his/her death or, if separated,
the spouse was not at fault; and the spouse did not
remarry. If the surviving spouse did remarry but started
legal proceedings that led to divorce before November
1, 1990, or the deceased spouse died before that date,
the surviving spouse may be eligible.
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Type:
The Veterans Dependency and Indemnity Compensation (DIC)
is a monthly check paid to eligible survivors of certain
deceased veterans.
Level:
Effective December 1, 2004, monthly rates of DIC range
from $421 for one child when no spouse is entitled;
from $993 to $2,272 for a surviving spouse, with $247
additional if the surviving spouse is in need of aid
and attendance, or $118 additional, if housebound. A
surviving spouse is also entitled to an additional $247
monthly for each child under age 18. Monthly rates for
parents of the disabled or deceased service member range
from $5 to $487, depending upon income and whether the
parent is single or married. An additional $263 is payable
if the parent is in need of aid and attendance.
Change in Recipient Status:
Any change in the marital status of a surviving spouse
can change recipient status and must be reported.
Changes in the income of the deceased service member
can change recipient status and benefit levels and must
be reported promptly. Parents are sent an eligibility
verification report to review continued eligibility
and changes of rates based on changes of income.
The VA must be notified promptly of: (a) The date of
death of a parent or of his or her spouse; (b) The date
of remarriage of a parent; (c) The date when parents
became separated; (d) The date when parents who have
separated began living together again; (e) Any increase
or decrease in income.
A change in school attendance of children over 18 affects
recipient status and must be reported.
Marriage of a child beneficiary terminates DIC benefits.
Changes in Benefit Levels:
Changes in Cost of Living Adjustments (COLAs), which
are otherwise automatic and annual, would require an
Act of Congress and the President's signature, as would
changes in benefit levels other than the initiation
of automatic increases.
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Where and How
to Apply:
A surviving spouse or a child, applies for DIC by completing
VA Form 21-534, "Application for Dependency and Indemnity
Compensation or Death Pension anmd Accrued Benefits by
a Surviving Spouse or Child." A parent completes
VA Form 21-535, "Application for Dependency and Indemnity
Compensation by Parent(s)."
Two sets of documents should accompany the application:
1. Dependency Documents, including a copy of the
marriage certificate of the surviving spouse and deceased
service member, copies of divorce or death records
from prior marriages, and copies of children's birth
certificates. A parent filing for DIC should send
a copy of the veteran's birth certificate. Copies
are acceptable as long as they are clear and have
not been altered.
2. Military Separation Papers (DD 214): Including
the original or a certified copy of the veteran's
DD-214 helps speed the processing of the claim. Otherwise,
the VA will contact the military to verify the veteran's
service.
3. Death Certificate of the veteran.
Financing:
Federal general revenues, 86% of which are derived from
individual and corporate income taxes in 2003.
Administration:
The program is administered by regional offices of the
VA. The regional office for the Northeast is located
at:
P.O. Box 4616
Buffalo, New York 14240-4616
Procedures
for Appeal:
See VEAP.
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