The surviving spouse, child, or parent of a military service member who died in the line of duty, or died from a service-related injury or illness, may be eligible to receive a tax-free monetary benefit under the VA Dependency and Indemnity Compensation program.
Dependency and Indemnity Compensation (DIC) benefits provide a vital source of financial support for families who lost a loved one as a result of their military service. However, successfully applying for these benefits can prove challenging, particularly due to the inherent complexities associated with the application process set forth by the U.S. Department of Veterans Affairs (VA). Trying to navigate through these complexities can be overwhelming, which is why it is recommended to speak with an experienced and knowledgeable veterans benefits lawyer in New Jersey.
Bross & Frankel, P.A. represents veterans and the surviving dependents of veterans who bravely sacrificed their lives while in military service. Our law firm can assist individuals, or families, based in New Jersey, Pennsylvania, and Delaware. Our team of experienced VA DIC benefit attorneys offers free claim reviews and advocates for both veterans, and surviving dependents, in the VA appeals process. To learn more or to schedule a consultation with a New Jersey veterans disability lawyer, give our law offices a call at (866) 761-7955.
Understanding Eligibility Criteria for VA DIC Benefits
If a service member passes away while engaged in active military service, passes away due to a service-connected disability, or passes away after being considered totally disabled by a service-connected injury at least 10 years prior to their death (or since their release from active duty and for at least five years before death), their dependents (e.g., spouse, children, etc.) may be eligible to apply for DIC benefits through the VA. In addition, if a service-related condition contributed to the service member’s death by aggravating an underlying condition that was the cause of death, then the service member’s dependents may qualify for VA DIC benefits.
Dependents Who Can Receive VA DIC Benefits
In addition to a military service member losing their life while on active duty or as a result of service-related injuries or disease, DIC benefits are only accessible by specific individuals, including a surviving spouse, child (or children), and/or the deceased veteran’s parents. Let’s discuss each.
- Surviving Spouse: The surviving spouse of a deceased veteran will generally be eligible to receive DIC benefits. If a qualifying child, or children, are currently living with the surviving spouse, or if the surviving spouse is disabled or resides in a nursing home, then the amount of benefits available to the surviving spouse may be adjusted (and typically increased).
- Children: If a deceased veteran is survived by a minor child, or children (i.e., younger than age 18) who reside with the deceased veteran’s surviving spouse, then the surviving spouse may be eligible for additional compensation. If, on the other hand, a deceased veteran is survived by a minor child, or children, but no surviving spouse, then the minor child, or children, will be directly eligible to receive DIC benefits. In addition, the surviving child, or children, of a deceased military veteran may be eligible for DIC benefits, regardless of whether they reside with the deceased veteran’s surviving spouse, in the following circumstances:
– The child is younger than age 23 and enrolled in an approved educational program, or
– The child is over the age of 18, and the VA determines that, upon reaching age 18, the child is unable to support themselves.
In these two circumstances, DIC benefits would be paid directly to the child, or children. The surviving spouse would be eligible to receive separate DIC benefits. In the case of the second, the so-called “helpless child” provision benefits may continue, while students would only receive potential benefits while enrolled in an educational program. - Dependent Parents: The surviving parents of a deceased veteran may qualify for DIC benefits, depending on their income level. veterans may qualify for DIC benefits. For example, a parent who is (i) living with the veteran’s other parent and earning less than $18,087 annually; (ii) is not married to the other parent and is earning less than $13,456 annually; or (iii) is remarried to someone other than the veteran’s other parent, and earns less than $13,456 per year, may be eligible for DIC benefits.
In most cases, a surviving spouse is the most likely beneficiary, and the only type of beneficiary who would be entitled to DIC benefits regardless of their own circumstances, as long as the criteria for DIC are met.
Application Process
To receive DIC benefits, the deceased veteran’s surviving dependent(s) are required to fill out an application based on their specific situation. The application process is complex and requires a series of specific documents, including:
- Evidence reflecting the deceased veteran’s military service and death;
- Marriage certificate (if applicable); and/or
- Birth certificate (if applicable)
Once the necessary documents are produced to the VA, an applicant needs to fill out and complete VA Form 21P-534a. This is the form where an applicant will provide information that’s needed to determine eligibility for DIC benefits. This form, also known as “Application for Dependency and Indemnity Compensation by a Surviving Spouse or Child,” will capture specific information about the applicant and deceased servicemember. The objective of the form is to determine if the applicant meets the eligibility criteria described above. You should be prepared to provide the following information:
- Full name
- Address
- Contact information
- Information about the deceased veteran’s military service, including their branch, rank, and service number.
As mentioned, you will also need to provide information substantiating your relationship to the deceased veteran, such as a marriage and/or birth certificate. You may also need to produce relevant medical records or evidence of the veteran’s cause of death.
It is important to be thorough and accurate when filling out the form to ensure a smooth processing of your application. To ensure the necessary information is provided to the VA, it is recommended to speak to an experienced and knowledgeable veterans benefits lawyer to attain their guidance concerning VA DIC benefits.
If approved, the surviving dependent will receive a monthly tax-free benefit. The amount of benefits that you get will be based on the type of survivor. For example, a spouse’s monthly DIC benefit payment starts at around $1,562.74. However, that amount can be adjusted upward based on service connected disability, number of surviving children, along with a myriad of other factors. Please note that the monthly benefit amounts are subject to change annually, so it’s important to monitor the VA’s annual DIC benefit rates.
Looking to File for VA DIC Benefits? Bross & Frankel, P.A. is Here to Help.
At Bross & Frankel, P.A., we are proud of our record and reputation. Most of our VA clients are referred by other veterans whom we have helped over the years.
Mr. Frankel has put his knowledge as a disability benefits advocate to work in representing veterans in the unique area of disability compensation benefits.
He has taught other lawyers the VA claims process, and contributed a chapter to a book dedicated to educating attorneys on the pitfalls of representing veterans in VA claims: “Navigating Legal Issues for Military Veterans: Leading Lawyers on Arguing Disability, Pension, and other Claims Before the VA.” We know veterans disability benefits law — and we are dedicated to helping disabled veterans like you. Speak with a VA benefits advocate today.
Call us at (866) 761-7955 or contact us online for a no-obligation claim review.