M21-1, Part IV, Subpart iii, Chapter 1, Section B - Dependency and Indemnity Compensation (DIC)

Overview

In This Section

This section contains the following topics:

Topic	Topic Name
1	DIC Under 38 U.S.C. 1310 and 38 U.S.C. 1318
2	DIC Under 38 U.S.C. 1151
3	DIC and In-Service Death
4	DIC and Former Prisoner of War (FPOW)
5	DIC and Children
6	DIC and Additional Allowances
7	Exhibit: FPOW Survivor Flash

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

Change Date

December 23, 2016

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.

When …	Then VA is obligated to address the claimant’s entitlement to …
a surviving parent submits VA Form 21P-535, Application for Dependency and Indemnity Compensation by Parent(s) (Including Accrued Benefits and Death Compensation when Applicable)	Dependency and Indemnity Compensation (DIC), *and* accrued benefits.
a surviving spouse or child submits VA Form 21P-534, Application for Dependency and Indemnity Compensation, Death Pension and Accrued Benefits by a Surviving Spouse or Child (Including Death Compensation if Applicable), or VA Form 21P-534EZ, Application for DIC, Death Pension, and/or Accrued Benefits.	DIC Survivors Pension, *and* accrued benefits.

References: For more information on

Survivors Pension, see M21-1, Part V, Subpart i, 1
the requirement to consider all three survivor benefits when a VA Form 21P-534, VA Form 21P-534EZ, or VA Form 21P-535 is received, seeM21-1, Part III, Subpart ii, 2.B.1.k, and
accrued benefits, see M21-1, Part VIII.

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

was created during the Veteran’s lifetime, it may be possible to establish entitlement based on the evidence of record, or
was not created during the Veteran’s lifetime, there will be little or no service data in the newly established deceased Veteran’s claims folder.

Notes:

Take immediate action to obtain any necessary service and medical evidence.
Evidence on file regarding service and character of discharge that does not meet the requirements of 38 CFR 3.203 must be verified before awarding benefits.

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

obtaining service and medical records, see M21-1, Part III, Subpart iii, 2
the restoration of benefits after termination of a remarriage, see M21-1, Part IV, Subpart iii, 3.D.11, and
the rating schedule, see 38 CFR Part 4.

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.

If …	Then …
Basic eligibility for Survivors Pension does not exist, as in cases in which there is no qualifying service	do not develop income and net worth information. Example: In a case in which there is no qualifying service, it is appropriate to deny the claim for no qualifying service.
only partial income and net worth information was provided on the application, and basic entitlement to Survivors Pension otherwise exists	develop for the missing information unless the available information shows that the claimant ‘s income exceeds the maximum annual pension rate. Important: It is appropriate to deny a claim when income is excessive even if eligibility factors such as wartime service or Veteran status have not been verified. However, the decision notice must fully inform the claimant of the unverified factors.
the claimant has alleged that death of the Veteran was service-connected (SC), and all income and net worth information was completely omitted	do not develop for income and net worth information. Inform such claimants, in the decision notice, that because no income or net worth information was provided on the application, VA considers the pension portion of the claim to be incomplete if they wish to claim pension, they should submit a completed Eligibility Verification Report within one year after the date of the letter, and if they do not wish to claim pension, no further action is needed. *Note: It is not* necessary to return a printed copy of the application to the claimant. *Exception*: If the claimant is a surviving parent, then develop for missing income and net worth information because that information is necessary to determine eligibility to the benefit.

Reference: For more information on a substantially complete claim, see M21-1, Part I, 1.B.1.b.

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.

If the claimant was …	Then …
established as a dependent on the Veteran’s benefits	no development is needed. Concede relationship status based upon a prior VA determination.
not established as a dependent on the Veteran’s benefits or the Veteran was not in receipt of benefits prior to death	development is required to obtain any necessary relationship information prior to benefits being awarded. *Reference*: For more information on establishing relationships, see M21-1, Part III, Subpart iii, 5.

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.

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.

If awarding DIC under …

Then VA needs evidence showing …

38 U.S.C. 1310

the cause of death, and
that the cause of death was
- incurred or aggravated by, an SC disability, or
- related to a disease or injury that existed during active military service.

38 U.S.C. 1318

the Veteran’s SC disability was totally disabling for

10 or more years immediately preceding death, or
a continuous period of not less than five years from the time of separation from service until death, or
one or more years immediately preceding death if the Veteran was a former prisoner of war (FPOW).

Notes:

Effective October 1, 2011, Public Law (PL) 111-275, allowed survivors of FPOWs with a disability continuously rated totally disabling for at least one year to be eligible for DIC without regard to the date of the Veteran’s death. Previously, survivors were only eligible if the Veteran died after September 30, 1999.
The starting point for calculating the period is the effective date of the total evaluation.

Reference: For more information on DIC benefits for survivors of Veterans rated totally disabled at the time of death, see 38 CFR 3.22.

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.

IV.iii.1.B.1.g. Obtaining Evidence Relating the Cause of Death to an SC Condition

Evidence to support a claim for DIC may be obtained from

the claims folder
corporate record
VA medical center treatment reports or VA outpatient clinic records
service treatment records, or
private doctor or hospital treatment records.

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

there is not already sufficient evidence of record to grant DIC, and
SC for the cause of death is specifically claimed, or
the claimant is filing for Parents’ DIC.

Exceptions: Do not develop for SC for the cause of death if the claimant

does not meet relationship requirements to establish entitlement to DIC, or
submits a VA Form 21P-534EZ application, as the notice has already been provided.

Reference: For more information on establishing relationships, see

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:

any conditions listed on the death certificate under the cause of death or contributing factors matches one or more of the deceased Veteran’s SC disabilities
the cause of death is a presumptive disability and the Veteran meets the presumptive criteria, or
the requirements are met for DIC under 38 U.S.C. 1318.

Note: The fact that the Veteran may never have actually received compensation (as in retired pay cases) does not preclude a grant of DIC.

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

individual unemployability under 38 CFR 4.16 and 38 CFR 3.22
disabilities for which disability compensation was granted for paired organs or extremities under 38 U.S.C. 1160, and
a disability acquired under 38 U.S.C. 1151
- after discharge from service as a result of treatment in a VA medical facility, or
- as a result of vocational rehabilitation training under any VA-administered law.

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.

Step

Action

VA processes a Veteran’s notice of death (NOD) using the FIRST NOTICE OF DEATH (FNOD) command.

During the process, VA systems search for a spouse established on the Veteran’s award.

If there is a surviving spouse established on the award for at least one year, and evidence that 38 U.S.C. 1318 DIC benefits exist, VA sends an automated letter informing him/her:

that he/she will receive 38 U.S.C. 1318 DIC payments
of additional survivor and burial benefits he/she may be entitled to, and
that he/she must apply for these additional benefits with an application.

VA systems wait six days to ensure there is no notification that 38 U.S.C. 1318 DIC should not be paid.

If, after the six-day waiting period, information is …	Then…
not received to indicate the 38 U.S.C. 1318 DIC payment should not be paid	the surviving spouse receives a check for the38 U.S.C. 1318 DIC payment.
is received that indicates the surviving spouse is not entitled to this payment	the automatic payment terminates. *Note*: If the surviving spouse believes the payment was erroneously terminated, he or she must submit an application for benefits.

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.

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

fully developed for facts and circumstances that support a presumption of death, and
submitted to the rating activity for determining
- SC for the cause of death
- the existence of a disability related to service at the time of death, or
- discharge from service for an SC disability.

Reference: For more information on developing for fact of death, see M21-1, Part III, Subpart v, 1.H.1.

IV.iii.1.B.1.n.When DIC Benefits Are Not Payable

DIC benefits are not payable if the

cause of death is found to have been the result of a Veteran’s own willful misconduct, or
Veteran’s death was wrongfully and intentionally caused by the claimant.

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

willful misconduct, see M21-1, Part III, Subpart v, 1.D, and
development action to determine if the Veteran’s death is a homicide, seeM21-1, Part III, Subpart v, 1.F.2.

2. DIC Under 38 U.S.C. 1151

Introduction

This topic contains information on developing for DIC under 38 U.S.C. 1151, including

Change Date

October 30, 2018

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

not the result of the Veteran’s willful misconduct, and
attributable to
- hospital care, medical or surgical treatment, or examination furnished the Veteran under any law administered by the Secretary, either by a VA employee or in a VA facility as defined in 38 U.S.C. 1701(3)(A)
- participation in vocational rehabilitation training under 38 U.S.C. Chapter 31, or
- participation in compensated work therapy.

Award benefits for death under 38 U.S.C. 1151 in the same manner as if the death were SC.

Notes:

Domiciliary care is not considered VA hospital care, medical or surgical treatment, or an examination for the purpose of establishing entitlement under 38 U.S.C. 1151 per Mangham v. Shinseki, 23 Vet.App. 284, 289 (2009).
Hospital care, for the purposes of establishing entitlement to compensation under 38 U.S.C. 1151, does not include treatment or care provided in a non-VA facility under VA contract.
VA treatment or examination resulting in additional disability or death coincident with a Veteran’s residence in a contracted non-VA facility might result in eligibility under 38 U.S.C. 1151.

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:

The claimant must specifically raise the issue that the Veteran’s death was caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault of VA.
DIC under 38 U.S.C. 1151 cannot be inferred by the claims processor or the rating activity.

References: For more information on

claims based on injury due to VA hospital care, medical or surgical treatment, examination, training and rehabilitation services, or compensated work therapy program, see 38 CFR 3.154, and
acceptable VA forms, see M21-1, Part III, Subpart ii, 2.B.

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

the medical care, treatment, or examination caused the death, and
VA
- failed to exercise the degree of care that would have been expected of a reasonable health-care provider, or
- furnished the care without the Veteran’s or Veteran’s representative’s informed consent.

Reference: For more information on proximate cause, see 38 CFR 3.361(d).

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

a medical opinion from a VA medical facility as shown in M21-1, Part III, Subpart iv, 3.A.7
independent medical evidence, such as
- a medical statement provided by a member of the RO rating activity who is a qualified medical professional, such as a physician, physician’s assistant, or registered nurse, and not a signatory to the rating, or
- information from a medical treatise, such as The Merck Manual of Diagnosis and Therapy, Cecil Textbook of Medicine, orPhysician’s Desk Reference (PDR), and/or
an independent medical opinion under 38 CFR 3.328, but only when warranted by the medical complexity or controversy involved in the case.

Reference: For more information on obtaining independent medical opinions under 38 CFR 3.328.

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

first day of the month in which the Veteran’s death occurred, if the claim is received within one year after the date of death, or
date of receipt of the claim, if the claim is received one year or more after the date of death.

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).

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

Veteran died while receiving compensation under 38 U.S.C. 1151, or
claimant has applied, or indicated an intent to apply, for benefits under 38 U.S.C. 1151.

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.

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.

Stage	Who Is Responsible	Description
1	Under Secretary for Health	Forwards copies of VA Form 10-2633 to P&F Service for review, and addresses the reports to the Under Secretary for Benefits, ATTN: Director, P&F Service (21PF).
2	Director, P&F Service	Reviews the VA Form 10-2633.
3	Director, P&F Service	Requests the temporary transfer of the deceased Veteran’s claims folder from the RO having jurisdiction, when it appears survivor benefits may be payable under 38 U.S.C. 1151.
4	RO	Forwards the requested deceased Veteran’s claims folder to P&F Service, unless there are no survivors who can receive the entitled DIC benefits, or a favorable rating for survivors benefits has been or will be made under 38 U.S.C. 1151, 38 U.S.C. 1310, or 38 U.S.C. 1318, and provides adequate notification to P&F Service if the deceased Veteran’s claims folder is not transferred. *Reference*: For more information on temporary transfers to P&F Service, see M21-1, Part III, Subpart ii, 5.F.4.
5	P&F Service	If applicable, makes a determination as to entitlement sends the appropriate notice to the RO, and returns the deceased Veteran’s claims folder to the RO.
6	RO	Files copies of the pertinent part of the report of investigation, that was provided by the Under Secretary of Health, in the center section of the deceased Veteran’s claims folder, or scans into the eFolder, and returns VA Form 10-2633 to the Veterans Health Administration Office of the Medical Inspector.

IV.iii.1.B.2.i. Action to Take After P&F Service Makes a Determination

Use the table below to determine the action to take after P&F Service makes a determination.

If P&F Service …	Then in cases in which a claim …
establishes entitlement to DIC	has been received, take appropriate rating and award action, or is not of record, send an application to any dependents who may be entitled to benefits.
determines that entitlement does not exist	has been received, take appropriate rating and denial action.

3. DIC and In-Service Death

Introduction

This topic contains information on in-service death, casualty assistance, and DIC, including

Change Date

August 22, 2016

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

death resulted from disease, armed conflict, or common accident during service, or
the service person is missing or missing in action and death has been presumed by the service department.

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

FPOW status
statutory bar to benefits
character of discharge
line of duty, and
willful misconduct.

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

suicide, or
disease or injury, if
- death occurs during the initial six months of active service, or
- there is reasonable probability of misconduct.

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.

IV.iii.1.B.3.d. Jurisdiction of In-Service Death Claims

Jurisdiction of in-service death claims resides with the

Philadelphia Veterans Service Center for all initial claims regardless of the Veteran’s date of death, and
PMC of jurisdiction for all reopened and supplemental in-service death claims.

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:

Signed or unsigned copies of the DD Form 1300 may be accepted electronically from a service department.
Initiate development for DD Form 1300 or interim DD Form 1300 if not received with the VA Form 21P-534a.

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.

4. DIC and FPOW

Introduction

This topic contains information on initial processing of claims by survivors of FPOWs, including

Change Date

August 22, 2016

IV.iii.1.B.4.a. Identification and Initial Action of FPOW-Related Claims

Review the electronic systems during NOD processing. If the electronic systems indicate that the Veteran was an FPOW, take the following actions:

prepare an FPOW survivor flash for the outside of the claims folder, seeM21-1, Part IV, Subpart iii, 1.B.7.a
have the claims folder pulled and hand-carried to the POW Coordinator, and
add a flash to the corporate record and Veteran’s eFolder showing the Veteran was an FPOW.

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.

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

contact the survivor(s) by telephone
complete a VA Form 21P-534 as fully as possible, using information in the folder and provided by the survivor(s)
mail the incomplete application to the survivor(s) to complete, sign, and correct, if necessary, and
annotate the FPOW Survivor folder flash with the date the VA Form 21P-534 was sent to the survivor(s).

5. DIC and Children

Introduction

This topic contains information on initial processing of claims by children of Veterans, including

Change Date

November 26, 2018

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).

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.

If …	Then …
the claim of a surviving spouse is denied, and all evidence requested to determine entitlement of a child or children named in that claim is submitted within one year from the date of request	consider the denied claim as a claim for benefits for the child or children as though the denied claim were filed solely on their behalf. *Important: Do not* consider entitlement to benefits for the child or children for any period prior to the date of receipt of a new claim unless evidence is received within one year from the date of the request.
payments of Survivors Pension, Death Compensation, or DIC to a surviving spouse have been discontinued because of remarriage or death, or a child becomes eligible for DIC after reaching age 18	develop for any evidence necessary to establish entitlement for the child or children named in the surviving spouse’s claim, and if the evidence is received within one year from the date of the request, consider the discontinued claim as a claim for the child or children.

6. DIC and Additional Allowances

Introduction

This topic contains information on additional allowances for DIC claims, including

additional allowance
limited duration of additional allowance for having minor children.

Change Date

October 30, 2018

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

in receipt of, or entitled to receive, compensation for an SC disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least eight years immediately preceding death, and
the surviving spouse was married to the Veteran for those same eight years.

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

Eligible for DIC decision to establish basic eligibility, and
8&8 Criteria is Met from Original Eligibility Date decision to record the additional benefit payable.

Reference: For more information on processing DIC awards, see the VBMS-Awards User Guide.

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.

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

is receiving DIC
has one or more children under the age of 18 on the DIC award, and
has not received DIC for more than two years from the date of original entitlement to DIC.

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.

IV.iii.1.B.6.d.Limited Duration of Additional Allowance for Having Minor Children

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

end of the two-year period from the original date of DIC eligibility
first of the month following the month in which the last minor child on the surviving spouse’s award reaches the age of 18, or
date that the last minor child otherwise leaves the surviving spouse’s award, when the date is prior to the child’s 18^th birthday.

Notes:

Only one monthly child supplement payment is made, regardless of the number of minor children on the surviving spouse’s award.
If minor child(ren) are on the surviving spouse’s award, VBMS-Awards will automatically include the child supplement payment.

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.

7. Exhibit: FPOW Survivor Flash

Change Date

July 12, 2015

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.

FORMER POW SURVIVOR CLAIM

PRIORITY CASE

ACTION:

HAND-CARRY TO FORMER POW COORDINATOR FOR EXPEDITED PROCESSING

Date Claim Established: ______________________

Date Claim Developed: ________________________

Date Claim Rated: ____________________________

Date Claimant Notified: ________________________

Remarks: ____________________________________

_____________________________________________

Last Updated: 10 months ago 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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M21-1, Part IV, Subpart iii, Chapter 1, Section B – Dependency and Indemnity Compensation (DIC)

Overview

In This Section

1. DIC Under 38 U.S.C. 1310 and 38 U.S.C. 1318

Introduction

Change Date

IV.iii.1.B.1.a. Claims Submitted on Survivor Benefit Applications

IV.iii.1.B.1.b. Reviewing Information in the Claims Folder for DIC Claims

IV.iii.1.B.1.c. When to Develop for Income and Net Worth on a Survivors Benefit Application

IV.iii.1.B.1.d.Developing for Relationship Information

IV.iii.1.B.1.e. Evidence Required to Determine Entitlement to DIC

IV.iii.1.B.1.f. Development for Automated 38 U.S.C. 1318 DIC Process

IV.iii.1.B.1.g. Obtaining Evidence Relating the Cause of Death to an SC Condition

IV.iii.1.B.1.h. When to Develop for SC for the Cause of Death

IV.iii.1.B.1.i.Referring DIC Cases to the Rating Activity

IV.iii.1.B.1.j.Evaluations That Provide Entitlement to Benefits Under 38 U.S.C. 1318

IV.iii.1.B.1.k. Automatic Generation of 38 U.S.C. 1318 DIC Payment

IV.iii.1.B.1.l.Obtaining Evidence Relating the Cause of Death to an SC Condition

IV.iii.1.B.1.m.Obtaining Evidence Relating the Cause of Death to an SC Condition

IV.iii.1.B.1.n.When DIC Benefits Are Not Payable

2. DIC Under 38 U.S.C. 1151

Introduction

Change Date

IV.iii.1.B.2.a. Definition: DIC Under 38 U.S.C 1151

IV.iii.1.B.2.b. Identifying DIC Claims Under 38 U.S.C. 1151

IV.iii.1.B.2.c. Establishing Fault on the Part of VA

IV.iii.1.B.2.d. Obtaining Independent Medical Evidence and Medical Opinions

IV.iii.1.B.2.e.Determining Effective Dates of Entitlement Under 38 U.S.C. 1151

IV.iii.1.B.2.f. Claims for Which the RO Determines Eligibility to DIC Benefits Under 38 U.S.C. 1151

IV.iii.1.B.2.g. Claims for Which P&F Service Determines Eligibility to DIC Benefits Under 38 U.S.C. 1151

IV.iii.1.B.2.h.Routing of Folders and Documents Needed for Review by P&F Service

IV.iii.1.B.2.i. Action to Take After P&F Service Makes a Determination

3. DIC and In-Service Death

Introduction

Change Date

IV.iii.1.B.3.a. Determining Whether an In-Service Death Is SC

IV.iii.1.B.3.b. When a Rating Decision Is Required for In-Service Death

IV.iii.1.B.3.c. Focus of the Casualty Assistance Program

IV.iii.1.B.3.d. Jurisdiction of In-Service Death Claims

IV.iii.1.B.3.e. Information Required to Process an In-Service Death Claim

IV.iii.1.B.3.f.Verifying EligibilityInformation

4. DIC and FPOW

Introduction

Change Date

IV.iii.1.B.4.b. Action When a NOD Is Accompanied by VA Form 21P-534 or VA Form 21P-534EZ

IV.iii.1.B.4.c. Action When a NOD Is Not Accompanied by VA Form 21P-534 or VA Form 21P-534EZ

5. DIC and Children

Introduction

Change Date

IV.iii.1.B.5.a. Considering a Child’s Entitlement to DIC

IV.iii.1.B.5.b.Determining a Child’s Entitlement to DIC

6. DIC and Additional Allowances

Introduction

Change Date

IV.iii.1.B.6.a.Additional Allowance if Veteran Was Totally Disabled for Eight Years

IV.iii.1.B.6.b.Additional Allowance for School Benefits Under 38 U.S.C. Chapter 35

IV.iii.1.B.6.c.Additional Allowance for Having Minor Children

7. Exhibit: FPOW Survivor Flash

Change Date

IV.iii.1.B.7.a. Example of FPOW Survivor Folder Flash

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