Overview
In This Section |
This section contains the following topics:
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1. DIC Under 38 U.S.C. 1310 and 38 U.S.C. 1318
Introduction |
This topic contains information on entitlement to DIC under 38 U.S.C. 1310 and 38 U.S.C. 1318, including
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Change Date |
December 23, 2016
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IV.iii.1.B.1.a. Claims Submitted on Survivor Benefit Applications |
The Department of Veterans Affairs (VA) designed most survivor benefit applications so that claimants may apply for multiple survivor benefits without filing separate applications for each one.
In general, VA must determine a claimant’s entitlement to each of the benefits named in the title of the application submitted by the claimant. This is a statutory requirement.
The table below describes the benefits VA is obligated to address based on the survivor benefit application.
References: For more information on
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IV.iii.1.B.1.b. Reviewing Information in the Claims Folder for DIC Claims |
If the claims folder is available, review it to determine if the evidence necessary to support the survivor claim is of record and that no clear and unmistakable error was made in the granting of service connection (SC).
If a claims folder
Notes:
Important: If there is sufficient evidence in the Veteran’s corporate record and/or electronic claims folder (eFolder) to grant DIC, then the paper claims folder is not needed for review. The corporate record is acceptable evidence to support the grant of SC for the cause of death if VA has granted SC for the disability identified as the primary or contributory cause of death.
References: For more information on
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IV.iii.1.B.1.c. When to Develop for Income and Net Worth on a Survivors Benefit Application |
Use the information below to determine when to develop for income and net worth information on a substantially complete application for DIC and/or accrued benefits.
Reference: For more information on a substantially complete claim, see M21-1, Part I, 1.B.1.b.
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IV.iii.1.B.1.d.Developing for Relationship Information |
Review the evidence in VA records to verify whether the claimant was established as a dependent on the Veteran’s benefits during his or her lifetime.
See the table below for guidelines on when development is needed.
Reference: For more information on the marriage-date requirements for a surviving spouse’s DIC entitlement, see M21-1, Part III, Subpart iii, 5.E.4.
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IV.iii.1.B.1.e. Evidence Required to Determine Entitlement to DIC |
Use the table below to determine the evidence required to award entitlement to DIC.
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IV.iii.1.B.1.f. Development for Automated 38 U.S.C. 1318 DIC Process |
Development is not required for the automated 38 U.S.C. 1318 DIC process.
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IV.iii.1.B.1.h. When to Develop for SC for the Cause of Death |
Send the claimant a Section 5103 notice development letter requesting medical evidence showing the Veteran’s death was caused by service when
Exceptions: Do not develop for SC for the cause of death if the claimant
Reference: For more information on establishing relationships, see
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IV.iii.1.B.1.i.Referring DIC Cases to the Rating Activity |
Once any necessary development is complete, refer the claim to the rating activity for a decision on the issue of DIC.
Important: Some survivor claims may be referred to the rating activity as soon as they are received, without development, if:
Note: The fact that the Veteran may never have actually received compensation (as in retired pay cases) does not preclude a grant of DIC.
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IV.iii.1.B.1.j.Evaluations That Provide Entitlement to Benefits Under 38 U.S.C. 1318 |
Evaluations that provide entitlement to benefits under 38 U.S.C. 1318 include total evaluations based on
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IV.iii.1.B.1.k. Automatic Generation of 38 U.S.C. 1318 DIC Payment |
The table below describes the automated 38 U.S.C. 1318 DIC payment process.
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IV.iii.1.B.1.l.Obtaining Evidence Relating the Cause of Death to an SC Condition |
Automated 38 U.S.C. 1318 DIC is processed under end product (EP) 149. Because this is an automated process, credit for this EP is given to the regional office (RO) of jurisdiction based on where the Veteran resided.
Note: The pension management centers (PMCs) process DIC appeals.
Reference: For more information on EP credit, see M21-4, Appendix C.
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IV.iii.1.B.1.m.Obtaining Evidence Relating the Cause of Death to an SC Condition |
Develop for evidence listed in 38 CFR 3.211 that constitutes proof of death.
When acceptable evidence cannot be obtained, the fact that death occurred may still be conceded under the provisions of 38 CFR 3.211(f). These cases must be
Reference: For more information on developing for fact of death, see M21-1, Part III, Subpart v, 1.H.1.
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IV.iii.1.B.1.n.When DIC Benefits Are Not Payable |
DIC benefits are not payable if the
Note: A surviving spouse may be considered for entitlement to Survivors Pension if entitlement to DIC cannot be established because the Veteran’s death was due to the Veteran’s willful misconduct.
References: For more information on
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2. DIC Under 38 U.S.C. 1151
Introduction |
This topic contains information on developing for DIC under 38 U.S.C. 1151, including
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Change Date |
October 30, 2018
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IV.iii.1.B.2.a. Definition: DIC Under 38 U.S.C 1151 |
38 U.S.C. 1151 provides for the payment of DIC for a death that is
Award benefits for death under 38 U.S.C. 1151 in the same manner as if the death were SC.
Notes:
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IV.iii.1.B.2.b. Identifying DIC Claims Under 38 U.S.C. 1151 |
Claims for DIC under 38 U.S.C. 1151 (38 CFR 3.361) must be submitted on a VA prescribed form for DIC benefits.
Notes:
References: For more information on
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IV.iii.1.B.2.c. Establishing Fault on the Part of VA |
To establish that fault on the part of VA in furnishing medical care, treatment or examination was the proximate cause of a Veteran’s death, the evidence must show that
Reference: For more information on proximate cause, see 38 CFR 3.361(d).
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IV.iii.1.B.2.d. Obtaining Independent Medical Evidence and Medical Opinions |
To clarify whether the care, treatment, or examination at issue resulted in death, it may be necessary to obtain
Reference: For more information on obtaining independent medical opinions under 38 CFR 3.328.
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IV.iii.1.B.2.e.Determining Effective Dates of Entitlement Under 38 U.S.C. 1151 |
The effective date of entitlement to DIC under 38 U.S.C. 1151 is the
Reference: For more information on effective dates for benefits when disability or death is due to VA hospital care, medical or surgical treatment, examination, training and rehabilitation services, or compensated work therapy program, see 38 CFR 3.400(i).
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IV.iii.1.B.2.f. Claims for Which the RO Determines Eligibility to DIC Benefits Under 38 U.S.C. 1151 |
Determine eligibility for benefits when the
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IV.iii.1.B.2.g. Claims for Which P&F Service Determines Eligibility to DIC Benefits Under 38 U.S.C. 1151 |
Pension and Fiduciary (P&F) Service determines eligibility for cases in which VA Form 10-2633, Report of Special Incident Involving a Beneficiary, indicates that death may have been due to circumstances contemplated by 38 U.S.C. 1151.
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IV.iii.1.B.2.h.Routing of Folders and Documents Needed for Review by P&F Service |
The table below describes the movement of folders and documents needed for review.
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3. DIC and In-Service Death
Introduction |
This topic contains information on in-service death, casualty assistance, and DIC, including
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Change Date |
August 22, 2016
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IV.iii.1.B.3.a. Determining Whether an In-Service Death Is SC |
Concede that death in service is SC unless a rating is required under M21-1, Part IV, Subpart iii, 1.B.3.b. Cases in which SC may be conceded include those in which
Note: The authorization activity makes determinations in injury cases as to line of duty and misconduct.
Reference: See M21-1, Part III, Subpart v, 1 for more information on determinations as to
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IV.iii.1.B.3.b. When a Rating Decision Is Required for In-Service Death |
A rating decision is required when death in service was the result of
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IV.iii.1.B.3.c. Focus of the Casualty Assistance Program |
The Casualty Assistance Program focuses on the survivors of active duty personnel who die in service.
Each designated RO Casualty Assistance Coordinator works closely with the appropriate military Casualty Assistance Officer (CAO) to expedite the processing of claims for benefits due to survivors.
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IV.iii.1.B.3.d. Jurisdiction of In-Service Death Claims |
Jurisdiction of in-service death claims resides with the
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IV.iii.1.B.3.e. Information Required to Process an In-Service Death Claim |
Processing of a claim for DIC may begin based on receipt of the following documents:
Notes:
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IV.iii.1.B.3.f.Verifying EligibilityInformation |
Accept the marital history and/or dependency status reported on the DD Form 1300 or other Department of Defense report identifying the claimant as the spouse, child or parent of the deceased service member unless there is evidence to the contrary in any existing claims folder.
Attempt to resolve any discrepancy via telephone or through the CAO prior to award action.
Undertake written development if necessary.
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4. DIC and FPOW
Introduction |
This topic contains information on initial processing of claims by survivors of FPOWs, including
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Change Date |
August 22, 2016
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Review the electronic systems during NOD processing. If the electronic systems indicate that the Veteran was an FPOW, take the following actions:
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IV.iii.1.B.4.b. Action When a NOD Is Accompanied by VA Form 21P-534 or VA Form 21P-534EZ |
If the NOD is accompanied by VA Form 21P-534 or VA Form 21P-534EZ, the POW Coordinator will review the claim and hand-carry it through all stages of the claims process.
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IV.iii.1.B.4.c. Action When a NOD Is Not Accompanied by VA Form 21P-534 or VA Form 21P-534EZ |
If the NOD is not accompanied by VA Form 21P-534 or VA Form 21P-534EZ, the POW Coordinator reviews the claims folder in an attempt to identify any survivor(s). If an eligible survivor exists, the coordinator will
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5. DIC and Children
Introduction |
This topic contains information on initial processing of claims by children of Veterans, including
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Change Date |
November 26, 2018
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IV.iii.1.B.5.a. Considering a Child’s Entitlement to DIC |
A claim is required if a child’s entitlement to DIC arises because a surviving spouse is no longer entitled or because the child reaches age 18.
Accept a claim filed by a surviving spouse who does not have entitlement as a claim for any child or children in his/her custody named in the claim.
For claims submitted within one year after the date entitlement arose, determine whether a claimant was a child on the date entitlement arose, not the date the claim was received. If a claim is filed within one year of the Veteran’s death, the date of death is the appropriate date to use in determining whether the claimant was a child.
For claims filed more than one year after the date entitlement arose, determine whether a claimant is a child based on the date of receipt of the claim.
Important: A claimant could qualify as a child if a pending and undecided claim (including one that was reasonable raised) was filed on the claimant’s behalf while the claimant was a child for VA purpose. Otherwise, the appropriate child assessment date is the date of receipt of claim.
Reference: For more information on effective dates for DIC, see 38 CFR 3.400(c)(4).
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IV.iii.1.B.5.b.Determining a Child’s Entitlement to DIC |
Use the information below to determine a child’s eligibility to DIC.
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6. DIC and Additional Allowances
Introduction |
This topic contains information on additional allowances for DIC claims, including
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Change Date |
October 30, 2018
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IV.iii.1.B.6.a.Additional Allowance if Veteran Was Totally Disabled for Eight Years |
For a Veteran who died on or after January 1, 1993, an additional monthly allowance is payable under 38 U.S.C. 1311(a)(2) if, at the time of the Veteran’s death, the Veteran was
Important: Both requirements must be met in order to establish entitlement to this supplemental allowance.
Note: Entitlement to this additional benefit must be identified during Veterans Benefits Management System (VBMS)-Awards processing by recording, in order, the
Reference: For more information on processing DIC awards, see the VBMS-Awards User Guide.
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IV.iii.1.B.6.b.Additional Allowance for School Benefits Under 38 U.S.C. Chapter 35 |
The 38 U.S.C. Chapter 35 program called, Dependents Educational Assistance (DEA), is education or special restorative training for eligible dependents or survivors of certain Veterans and service members.
Reference: For more information on DEA, see M21-1, Part IX, Subpart ii, 2.1.
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IV.iii.1.B.6.c.Additional Allowance for Having Minor Children |
Under PL 108-454, 38 U.S.C. 1311(f) authorizes a monthly DIC child supplement payment to certain surviving spouses.
A monthly child supplement will be paid in addition to the regular DIC payment, if the surviving spouse
Note: The earliest date that the monthly child supplement may be added to a DIC award is January 1, 2005, the first of the month after the date of enactment of PL 108-454.
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Eligibility for the additional monthly amount only applies to the months occurring during the two-year period beginning from the date entitlement to DIC began. Entitlement terminates at the earliest of the
Notes:
Example 1:
Facts: A surviving spouse with a child under the age of 18 had an original award of DIC with an effective date of entitlement of July 1, 2004. The two-year period from the date of initial entitlement ends June 30, 2006.
Result: The surviving spouse would be entitled to the additional $250.00 monthly amount from January 1, 2005, the first of the month after the date of enactment ofPL 108-454, through June 30, 2006.
Example 2:
Facts: A surviving spouse with a child under the age of 18 had an original award of DIC with an effective date of entitlement of February 1, 2003. The two-year period from date of initial entitlement ends January 31, 2005.
Result: The surviving spouse would be entitled to the additional $250.00 for one month, from January 1, 2005, through January 31, 2005.
Example 3:
Facts: A surviving spouse with a child under the age of 18 had an original award of DIC with an effective date of entitlement of July 1, 2008. The child reached the age of 18 on October 14, 2009.
Result: The surviving spouse would be entitled to the additional $250.00 monthly amount from August 1, 2008, per 38 CFR 3.31, through October 31, 2009, the end of the month in which the child reached the age of 18.
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7. Exhibit: FPOW Survivor Flash
Change Date |
July 12, 2015
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IV.iii.1.B.7.a. Example of FPOW Survivor Folder Flash |
The FPOW survivor flash is attached to the outside of an FPOW’s claims folder when a survivor with potential entitlement to benefits is identified. For more information on this topic, see M21-1, Part IV, Subpart iii, 1.B.4.a.
An example of the FPOW Survivor folder flash is shown below.
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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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