Overview
In This Section |
This section contains the following topics:
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1. Overview of Death Compensation
Introduction |
This topic contains general information on Death Compensation, including
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Change Date |
July 12, 2015 |
IV.iii.1.A.1.a. Definition: Death Compensation |
Death Compensation is a monthly payment made to a surviving spouse, child, or parent because
Important: The parent(s) of a deceased Veteran must also meet the requirements set forth in 38 CFR 3.250 in order to establish entitlement to Death Compensation.
References: For more information on
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IV.iii.1.A.1.b. Action to Take if Death Compensation Is the Greater Benefit for a Surviving Parent |
Upon receipt of Department of Veterans Affairs (VA) Form 21P-535, Application for Dependency and Indemnity Compensation by Parent(s) (Including Accrued Benefits and Death Compensation when Applicable), from a surviving parent, ask the parent to complete and return VA Form 21P-509, Statement of Dependency of Parent(s), if
Use the information the parent provides on the form to determine whether, based on the criteria in 38 CFR 3.250, the parent was dependent on the Veteran prior to the Veteran’s death.
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IV.iii.1.A.1.d. Who to Contact When an Election of DIC Is Received |
If an election from Death Compensation to DIC is received, contact Pension Policy & Procedures at VAVBAWAS/CO/PENSION POL & PROC to obtain procedural information.
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IV.iii.1.A.1.e. Considering In-Service Waiver of Insurance Premium Cases |
Situation: Cases may be encountered in which the beneficiaries are receiving Death Compensation because the Veteran died on or after May 1, 1957, and prior to January 1, 1972, with insurance in force by waiver of premiums under 38 U.S.C. 1924.
Pursuant to Public Law (PL) 92-197, effective January 1, 1972, these beneficiaries have an unrestricted right to elect DIC.
Action:
Notes:
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2. Overview of DIC
Introduction |
This topic contains general information on DIC, including
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Change Date |
January 8, 2016 |
IV.iii.1.A.2.a. Definition: DIC |
Dependency and Indemnity Compensation (DIC) is a monthly payment made
Reference: For more information about DIC, see
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IV.iii.1.A.2.b. When the Pay Grade Code Is Required |
A pay grade code is a required input for all DIC awards to surviving spouses in which the Veteran died before January 1, 1993.
If the Veteran died prior to January 1, 1993, DIC is paid to a surviving spouse based on whichever of the following provisions provides the greater benefit
Note: If the Veteran died after December 31, 1992, verification of the pay grade is not required because the surviving spouse’s rate of DIC is not based on the Veteran’s pay grade.
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IV.iii.1.A.2.c. Basis for Pay Grade Codes |
Determine the pay grade of the Veteran as follows:
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IV.iii.1.A.2.d. Verification of Data From a Service Department, for a Deceased Veteran Who Was Receiving Retired Pay |
Requests for verification of pay grade data are not routinely submitted through the Personnel Information Exchange System (PIES) if the evidence of record shows the deceased Veteran was receiving retired pay from a service department.
Important: If the Veteran died after December 31, 1992, verification of pay grade data is not required.
Notes:
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IV.iii.1.A.2.e. Action to Take if Pay Grade Data Is Not of Record |
If award action is otherwise in order, but no pay grade data is of record, send an O17 PIES request to obtain the required data.
Reference: For more information on PIES requests, see M21-1, Part III, Subpart iii, 2.D.
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IV.iii.1.A.2.f. Action to Take if Payment of DIC Is Pending Verification of Pay Grade Data |
Use the table below to determine the action to take concerning payment of DIC when receipt of pay grade data is pending.
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IV.iii.1.A.2.g. When the Pay Grade Code Is Not Required |
A verified pay grade code is not required on
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IV.iii.1.A.2.h. DIC Under 38 U.S.C. 1318 |
Consider the issue of entitlement to benefits under 38 U.S.C. 1318 whenever the Veteran had a totally disabling SC condition at the time of death.
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IV.iii.1.A.2.i.Automatic 38 U.S.C. 1318 DIC Payments to Eligible Surviving Spouse |
Effective July 7, 2014, VA automatically pays 38 U.S.C. 1318 DIC to an eligible surviving spouse, without a claim, when VA is able to determine eligibility based on evidence of record as of the date of the Veteran’s death.
A surviving spouse must file a claim for other DIC benefits.
Note: The automated payment is triggered by the First Notice of Death (FNOD) command and paid to the surviving spouse established on the award at the time of the Veteran’s death.
Reference: For more information on automatic burial payments to eligible surviving spouses, see M21-1, Part VII, 1.A.3.a.
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IV.iii.1.A.2.j. DIC Under 38 U.S.C. 1151 |
38 U.S.C. 1151 provides for the payment of DIC for death that is
Award benefits for qualifying death under 38 U.S.C. 1151 in the same manner as if the death was SC.
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1-8-16_Key-Changes_M21-1_IV_iii_1_SecA.doc | May 21, 2019 | 143 KB |
Historical_M21-1IV_iii_1_SecA_07-12-2015.doc | May 21, 2019 | 198 KB |
Transmittal-Sheet-12_13_05.doc | May 21, 2019 | 62 KB |
Transmittal-Sheet-04_13_09.doc | May 21, 2019 | 61 KB |
Change-July-12-2015-Transmittal-Sheet-M21-1III_iii_1_SecA_TS.docx.docx | May 21, 2019 | 68 KB |
in Chapter 1 Evolution and Entitlement – Dependency and Indemnity Compensation (DIC), Part IV Compensation, DIC, and Death Compensation Benefits, Subpart iii Dependency and Indemnity Compensation (DIC) and Death Compensation
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