Who qualifies — three doors in
A surviving spouse, child, or dependent parent can receive DIC if any one of these applies to the veteran:
- The veteran died in the line of duty on active duty, active duty for training, or inactive duty training, OR
- The veteran died from a service-connected condition (the cause of death is linked to an SC disability), OR
- The veteran was rated 100% P&T for 10+ years before death — even if death itself was from a non-SC cause (the “10-year rule”), OR
- The veteran was rated 100% P&T for 5+ years from discharge and died within 5 years of leaving service.
The 10-year rule, in plain English
This is the most-missed door into DIC. If the veteran was rated 100% P&T (or TDIU) for 10 or more years immediately before death, the surviving spouse qualifies for DIC regardless of what the vet actually died from.
Example: Vet receives a 100% PTSD rating in 2010. Dies of an unrelated heart attack in 2026 at age 70. Heart disease was never service-connected. The surviving spouse still gets DIC, because the vet was 100% P&T for 16 years before death. 38 CFR § 3.22.
2026 monthly rates
2026 rates (effective Dec 1, 2025, per va.gov). Source: va.gov DIC rates page.
That’s the floor. The add-ons below stack on top.
| Add-on | Monthly |
|---|---|
8-year provision Vet was rated 100% P&T for 8+ years before death AND you were married for those 8+ years. | $360.85 |
Aid and Attendance Spouse needs help with daily activities (bathing, dressing, eating, transferring) or is bedridden. | $421.00 |
Housebound Spouse is substantially confined to home due to permanent disability. Cannot be combined with A&A. | $197.22 |
Each dependent child under 18 Standard rate. Transitional add-on of $359.00/mo applies for the first 2 years after the veteran's death. | $421.00 |
Dependent parent DIC is calculated differently and is income-tested — see the parents’ DIC table on va.gov.
Surviving-spouse rules
- Married before death. You must have been married to the veteran when they died.
- Marriage duration: generally a 1-year minimum, OR you had a child together, OR you were married before the SC disability began. 38 CFR § 3.54.
- Remarriage: remarrying after age 55 does NOT disqualify you from DIC (post-2020 rule). Earlier remarriages disqualify, but eligibility returns if that later marriage ends.
- Children: unmarried child under 18, or under 23 if in school full-time, qualifies in their own right (different rate schedule).
How to file
- Form: VA Form 21P-534EZ — “Application for DIC, Survivors Pension, and/or Accrued Benefits.”
- Where: online at va.gov/disability/dependency-indemnity-compensation, by mail, or with a VSO at a regional office.
- Time limit for retroactive pay: file within 1 year of death and the effective date is the date of death — months of back pay. File later and DIC starts only from the filing date. 38 CFR § 3.400(c).
Common denials — and how to challenge them
File a supplemental claim with a medical opinion linking the cause of death to an SC condition. A nexus letter from the treating physician — explaining how, e.g., the vet’s SC sleep apnea contributed to the cardiac event — is often what flips the decision. The threshold is “at least as likely as not” (50/50), not preponderance.
Submit the marriage certificate, evidence of cohabitation (joint leases, bills, tax returns), and proof of any qualifying exception (child together, marriage predating the SC disability). 38 CFR § 3.54 lists the exceptions.
Check the rating history closely — TDIU counts as 100% for the 10-year rule. If the vet was on TDIU for years, that period may qualify even if the schedular rating was lower. 38 CFR § 3.22.
CFR references
- 38 CFR § 3.5 — DIC overview
- 38 CFR § 3.22 — DIC under 38 USC 1318 (the 10-year rule)
- 38 CFR § 3.54 — Marriage dates
- 38 CFR § 3.400 — Effective dates