Losing a spouse is never easy, but when the loved one served in the military, the change can be more difficult. It's not only the emotional weight of their absence but also the reality of navigating life's challenges independently. For widows and widowers of veterans, particularly those whose loved ones were rated 100% disabled before passing, there is a ray of hope in the form of survivor benefits offered by the VA.
These benefits are designed to help ease the financial burden during such a difficult transition, providing vital support as the grieving spouse adjusts to life without a partner. While compensations are available to all survivors mentioned earlier, we will focus here specifically on widows, helping them understand the support and compensation they may be entitled to after the loss of their veteran spouse.
The Dependency and Indemnity Compensation (DIC) is intended to cover everyday expenses, offer some support during a difficult time, and, at the same time, honor the service and sacrifice of deceased veteran husbands and wives. It's a monthly payment from the VA awarded to:
- the surviving spouse, child, or parent of a service member who died during duty, or
- the survivor of a veteran who died from a service-related injury or illness
As of 2025, a surviving spouse generally receives about $1,653 monthly from the VA. On the condition that the veteran had been rated 100% disabled for at least 10 years before passing, or if the widow has dependent children, the monthly amount can be higher. A widow can apply for DIC after the veteran has passed away if at least one of the following conditions and aspects is true:
Relationship to the veteran
- you lived with the veteran continuously until their death: meaning you and the veteran were married and lived together as husband and wife until the veteran passed away, or
- you were legally married when the veteran passed away
Marriage history
- married the veteran within 15 years of their discharge from the time in service that caused their illness/injury
- married the veteran for at least 1 year before his death
- had a child with the veteran, whether married or not
Remarriage rules
- on or after Dec 16, 2003, and were 57+ years old at the time
- on or after Jan 5, 2021, and were 55+ years old at the time
The VA Dependency and Indemnity Compensation (DIC) is a tax-free monetary benefit with two main types:
Automatic DIC - is paid without needing to prove the veteran's death was service-connected, but only in these particular cases if the veteran:
- was 100% service-connected for 10+ years before death, and died from non-service causes
- was 100% service-connected for 5+ years after discharge
Regular DIC (Non-Automatic) is awarded if the widow doesn't qualify for automatic DIC, but proof that the death is related to service is required. It can happen if the veteran:
- passed away from a service-connected condition, or
- didn't die from a service-connected condition but was rated totally disabled due to service-connected conditions.
For the veteran's "totally disabled" status, the following rules apply:
- the veteran had this rating for at least 10 years before death, or
- the veteran had this rating since leaving active duty for at least 5 years before death, or
- the veteran was a former POW who died after Sept 30, 1999, with at least 1 year of total disability
There Is No Time Limit for Applying for DIC
Surviving spouses can apply for DIC benefits at any time, as there's no deadline for submitting the forms. However, if you want to receive back pay, you need to apply within one year of your spouse's death. If you apply after one year, you can still be approved for DIC, but your payments will start only from the date you applied, not from the date your spouse died.
It's the reason why it's recommended to apply as soon as possible. Even if your first application gets denied and you have to appeal later, you'll still keep your right to that back pay because you filed on time.
Another Essential Consideration
Even if the veteran tried to obtain VA disability benefits while they were alive and their claim was denied, as a surviving spouse, you can still apply for DIC after the veteran's passing. It's an important step, because when a veteran is alive, the VA might deny their claim due to many reasons, such as:
- the illness wasn't proven to be connected to military service, or
- there wasn't enough evidence at that time.
Although you must show that the cause of death was service-connected after the veteran passes away, things can change. New medical evidence might show that the veteran's death really was related to their service. Or, new scientific findings may emerge in favor of the veteran's disability claim, such as new research linking certain cancers to toxic contaminants, such as:
- asbestos
- burn pits
- PFAS
The new legislative changes under the PACT Act have broadened eligibility for toxic exposure, particularly for veterans. The old rules still apply, but there are new opportunities for cases that were previously closed. Furthermore, you should submit an intent to file form before you apply for DIC benefits. It can give you the time needed to gather necessary evidence while avoiding a later potential start date or "effective date". When you notify the VA of your intent to file, it may allow you to receive retroactive payments. The intent to file is done using VA Form 21-0966. The following documents are required for filing:
- veteran's death certificate
- veteran's DD-214 or discharge papers
- marriage certificate
- medical evidence linking death to service (if not automatic DIC)
If your spouse had a veteran status, fill out VA Form 21P-534EZ - Application for DIC, Survivors' Pension, and/or Accrued Benefits. This form also covers accrued benefits - any unpaid disability benefits the veteran was entitled to before his death. You can submit your form with help from a non-profit organization or a VSO, upload it online through Access VA's Quick Submit tool, or mail it to the VA. Those who prefer direct interaction can visit a VA regional office and seek assistance from a VA employee.
What to Do if a DIC Claim Is Denied
In the unfortunate case that your claim is denied, you have the following options to appeal the decision:
- submit a Supplemental Claim with new and relevant evidence that wasn't part of your original claim.
- request a Higher-Level Review: a review of your case by a higher-level VA official without submitting new evidence.
- make a Board Appeal: appeal directly to the Board of Veterans' Appeals for a decision by a Veterans Law Judge.
How DIC May Affect the VA Survivors' Pension or Survivor Benefit Plan
If you're eligible for both DIC and Survivors' Pension benefits, the VA will pay you whichever benefit gives you the most money. You can't get both.
The Survivor Benefit Plan (SBP) is a program military members can choose to pay into so their family members continue receiving benefits after the service member passes away. It works like a monthly paycheck for life for the surviving spouse or family.
DIC and Social Services
Receiving Dependency and Indemnity Compensation (DIC) from the VA does not automatically stop you from acquiring Social Services, like:
- Medicaid
- food assistance
- other government programs
However, DIC counts as income for many of these programs, which could affect the amount you receive or your eligibility. It's essential to report your DIC payments whenever you apply for or renew benefits from Social Services.
In addition to applying for DIC, widows whose husbands served in the Navy, on Navy ships, or were exposed to asbestos during military service can also apply to asbestos trust funds. Many veterans who worked with or around asbestos later developed severe illnesses, such as:
- pharyngeal cancer
- colorectal cancer
- mesothelioma
- laryngeal cancer
- esophageal cancer
- urogenital cancer
- bronchial cancer
- lung cancer
- gastrointestinal cancer
You can apply for both DIC and asbestos trust fund compensation; receiving one does not prevent you from receiving the other. However, it's vital to note that asbestos trust fund claims are subject to statutes of limitations, meaning there's a deadline to file. Consequently, you should file your claim as soon as possible to protect your rights.
Offering Assistance for Claiming Your Benefits Today
Many surviving spouses of veterans do not consider the benefits of DIC due to a lack of information, and miss out on the fact that DIC can be a vital source of income, providing much-needed financial support and contributing to peace of mind during a difficult time.
As with all VA benefits, understanding your eligibility and the application process is key to ensuring you receive the compensation you're entitled to.
No matter how complicated the process and paperwork are, you don't have to navigate them alone. With the help of a legal expert, you can get the support you deserve and honor the legacy of your loved one by securing the benefits you are eligible for. We can assist you in contacting experienced lawyers ready to support your path to security.