When a husband dies, his VA disability compensation payments do not directly transfer to his wife. Instead, the surviving spouse may be eligible for a separate tax-free monetary benefit called VA Dependency and Indemnity Compensation (VA DIC), provided specific eligibility criteria related to the veteran's service or cause of death are met.
Understanding VA Dependency and Indemnity Compensation (VA DIC)
VA DIC is a monthly benefit paid to eligible surviving spouses, children, or parents of a service member who died in the line of duty, or of a Veteran who died from a service-related injury or illness. It's not a continuation of the Veteran's disability payments, but rather a new entitlement for survivors.
Eligibility for Surviving Spouses
For a surviving spouse to be eligible for VA DIC, one of the following conditions must be met:
- Service-Connected Death: The Veteran's death was due to a service-related injury or illness. This is the most direct path to DIC eligibility.
- Example: A Veteran dies from complications directly attributed to Agent Orange exposure while serving in Vietnam, which was recognized by the VA as service-connected.
- Long-Term Total Disability: The Veteran was totally disabled due to a service-connected disability at the time of death, even if the immediate cause of death was not service-connected. Specific timeframes apply to this eligibility:
- The Veteran was continuously rated totally disabled for at least 10 years immediately preceding death.
- The Veteran was continuously rated totally disabled for at least 5 years from the date of discharge from active duty.
- The Veteran was a former prisoner of war (POW) who died after September 30, 1999, and was continuously rated totally disabled for at least 1 year immediately preceding death.
- Example: A Veteran was rated 100% P&T (Permanent & Total) for a service-connected knee injury for 15 years before passing away from a heart attack unrelated to service. His surviving spouse would likely be eligible for DIC.
Who Qualifies as a Surviving Spouse?
To be considered an eligible surviving spouse for VA DIC, you must have:
- Been married to the Veteran for at least one year.
- Had a child with the Veteran (regardless of marriage length).
- Lived with the Veteran continuously until their death (with some exceptions for separation due to fault of the Veteran).
- Not remarried after the Veteran's death, or if remarried, the remarriage occurred after December 16, 2003, and the spouse was 57 years of age or older.
Other Potential Benefits for Surviving Spouses
Beyond VA DIC, surviving spouses may also be eligible for other benefits, depending on the Veteran's service and the spouse's financial need:
- Survivors Pension (Death Pension): This is a needs-based benefit paid to low-income surviving spouses and children of deceased Veterans who served during wartime. Unlike VA DIC, the Veteran's death does not need to be service-connected.
- Aid and Attendance or Housebound Benefits: These are additional payments that can be added to VA DIC or Survivors Pension if the surviving spouse meets certain medical and financial criteria.
How to Apply for VA DIC
Applying for VA DIC involves submitting an application and providing supporting documents to the Department of Veterans Affairs (VA).
- Gather Necessary Documents: This typically includes the Veteran's death certificate, marriage certificate, dependent children's birth certificates (if applicable), and the Veteran's service records.
- Complete Application Form: Fill out VA Form 21P-534EZ, "Application for DIC, Survivors Pension, and/or Accrued Benefits."
- Submit Your Application: You can submit your application online, by mail, in person at a VA regional office, or with the help of a Veteran Service Organization (VSO).
For specific guidance and to apply, visit the official VA website or contact a VSO for assistance.
