When veterans die from a service-connected disability, some of their survivors are entitled to a monthly benefit called Dependency and Indemnity Compensation (DIC). Surviving spouses, children, and parents qualify under specific eligibility rules. This article will focus on VA DIC benefits for widows.
Talk to Us About Your Claim:
(812) 426-7200
In this article about VA dependency and indemnity compensation:
Introduction to VA DIC benefits for widows
When a military service member is in training across the country or serving around the world, the spouse becomes the rock of the family.
When a husband or wife returns home from service with disabling illnesses or injuries, the spouse once again assumes a caretaking role–for the family and their wounded or ailing warrior.
And when a disabled veteran dies, the widow or widower is left behind to grieve while trying to hold together their family, their finances, and themselves.
As much as anyone would like to spare you from your pain, we have all learned that death and grief are unavoidable, and, unfortunately, your mortgage and other bills do not pause for difficult times.
Survivors who have lost a spouse to a service-connected disability are eligible to receive a monthly DIC payment of $1,653.07. The payment increases with dependents and special circumstances, which will be explained later (see DIC payment amounts).
DIC eligibility requirements
Here are the qualifications that must be met for a widow to receive DIC payments following the death of a spouse.
DIC qualifications for veterans
A spouse who applies for DIC VA benefits must provide evidence that one of the following is true:
- The service member died while on active duty, active duty for training, or inactive-duty training, or
- The veteran died from a service-connected illness or injury (or the veteran’s service-connected disability contributed to the veteran’s passing), or
- The veteran didn’t die from a service-connected illness or injury but was eligible to receive VA compensation for a service-connected disability rated as totally disabling for at least eight years before death
“I highly recommend this company. They were able to get my husband the disability rating the VA kept denying.”
L.C., an Army veteran’s spouse in California
From a Google review for Woods & Woods
DIC qualifications for surviving spouses
To receive VA DIC benefits, a spouse must have lived with the veteran without a break until the veteran’s death. If the couple was separated, the law says the widow can still collect payments if not at “fault” for the separation.
A surviving spouse must also meet one of the following conditions:
- Married the veteran within 15 years of their discharge from the period of military service during which the qualifying illness or injury started or got worse, or
- Married to the veteran for at least one year, or
- Had a child with the veteran
The marriage requirement includes couples that are in a “deemed valid marriage” for at least a year. “Deemed valid” means the VA finds that there would have been a valid marriage if not for the existence of a legal impediment.
The law also has a rule about cohabitation. The couple must have continuously lived or cohabited with each other for the length of their marriage–unless they lived apart for medical reasons or because of marital discord but with no intention of leaving each other.
Can a widow of a veteran remarry and receive DIC benefits?
Yes, here are the circumstances in which a widow can remarry and continue receiving VA DIC benefits:
- If you remarried on or after Dec. 16, 2003, and you were 57 years of age or older at the time you remarried, or
- If you remarried on or after Jan. 5, 2021, and you were 55 years of age or older at the time you remarried
“After trying and failing multiple times over many years to get the widow’s compensation from the VA, I turned to Woods and Woods, and they were successful in helping me get the compensation my husband earned as a decorated veteran. I am so glad we found them. They are wonderful and very good at what they do. They are very professional and keep you updated and informed throughout the process. I highly recommend Woods and Woods.”
J.C.
Dependency and indemnity compensation payment amounts
Widows who are eligible for DIC receive a monthly payment of $1,653.07. They will receive additional amounts under the following circumstances:
- Add $351.02 if the veteran at the time of death was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on Individual Unemployability) for a continuous period of at least eight years immediately preceding death AND the surviving spouse was married to the veteran for those same eight years
- Add $409.53 for each dependent child under 18 years old
- Add $409.53 if the surviving spouse is entitled to Aid and Attendance benefits
- Add $191.85 if the surviving spouse is housebound
- Add $350.00 for the first two years after the veteran’s death if the surviving spouse has one or more children under 18 regardless of the number of children
VA accrued benefits
When a veteran dies, there may be outstanding money owed to them by the VA. For example, a veteran’s benefits claim may have been pending at the time of their death. However, the veteran, or now their beneficiary, would still be owed pay back to the effective date of their claim. This outstanding, unpaid compensation is known as VA accrued benefits.
Accrued benefits are most often paid to the surviving spouse, but can in some circumstances also be paid to dependent children or parents of the veteran. The death of a veteran’s beneficiary can also warrant VA accrued benefits.
In instances where no eligible living family member is available to receive the VA accrued benefits, payment may be made to the person responsible for burial as a reimbursement for the costs of the burial and ‘last illness.’
Get help with your veterans’ spousal benefits claim
Woods and Woods has worked with many widows and widowers. We have seen the weight of their grief after losing a spouse–especially one who proudly served in the military.
The last thing a surviving spouse wants to deal with during the grieving process is the VA. Yet, the years of medical bills and the loss of a veteran’s VA disability payments can be devastating.
If you have not yet filed an application for DIC benefits, we can help. Woods and Woods never charges to help you file, and if the VA grants you benefits on the initial application, you owe us nothing. If you hire us to handle your appeal, we never ask for money upfront. We will only charge a fee (a percentage of back pay) and case expenses if we win, and we will never touch your future benefits.
Talk to Us About Your Claim:
(812) 426-7200
FREQUENTLY ASKED QUESTIONS
No. The VA will not consider income or assets when determining a survivor’s eligibility for DIC, or veteran widow benefits. Pension benefits do have income limits, but DIC benefits are compensation, not a pension, and therefore have no income limit.
Yes. Social Security Disability Insurance (SSDI) benefits and DIC benefits can be received at the same time. Widows who wish to receive both must apply for each separately. Each benefit has its own rules and regulations.
Neil Woods
VA disability attorney
Woods & Woods
Neil Woods is the firm’s owner and president. He received his law degree from Western Michigan University.