WELCOMEWEEK SIX

38 CFR 3.5

Dependency & Indemnity Compensation - DIC

Monthly payment because of a service-connected death

38 CFR 3.312 Service-connected death:

Cause of Death

Direct

Contributory

Presumptive

Direct cause of death:

1.Military service member who died while on:

a.active dutyb.active duty for trainingc.inactive duty training

2. Veteran whose death resulted from a service-related injury or disease as the principle cause of death – immediate or underlying cause

Contributory cause of death:

a.contributed substantially or materiallyb.that it combined to cause deathc.that it aided or lent assistance to the production of death

Presumptive cause of death:

Veteran who died of a disability which is a presumptive condition EVEN if the veteran never filed a claim for that disability during his lifetime

38 CFR 3.302   

Service connection for cause of death sue to suicide in cases when service connection has been granted for mental disability is presumed due mental unsoundness

38CFR 3.22 DIC may be awarded if the cause of death is not service connected when:

1. Veteran rated totally disabled continuously for 10 years preceding death

2. Veteran rated totally disabled continuously since the veteran’s release from active duty and for at least 5 years preceding death

3. Veteran was a former POW rated totally disabled continuously for not less than one year preceding death

38CFR 3.50  - surviving spouse means a person of the opposite sex whose marriage to the veteran meets the requirements of §3.1(j). VA Form 21-534

a. Legally married under the law of the state of residence, andb. Married for at least one year, orc. If legally married for less than one year with a child born of the relationship

Dependency & Indemnity Compensation - DIC

Spouse Rates 3.10

Spouse $1,195

Each Child $ 296

If Housebound $ 139

Need Aid & Attendance $ 296

If Veteran was rated totally disabled for 8 years preceding death $ 254

38 CFR 3.250   VA Form 21-535

Dependency of parents

38CFR 3.251   

Income of parents

38CFR  3.1600   

Payment of burial expenses of deceased veterans payable to person who paid the funeral bill:VA Form 21-530

a. Non service connected death

b. Service connected death

Other death benefits:

Transportation – VA Form 21-530Headstone – VA Form 40-1330Medallion – VA Form 40-1330MFlag – VA Form 27-2008Presidential Memorial Certificate –

VA Form 40-0247Military Honors – Phone callNational Cemetery – Phone call

Accrued Benefits:

Benefits deemed payable to a deceased beneficiary but not yet paid at time of death

The total amount of accrued benefits are first payable to the surviving spouse even if not entitled to other death benefits based on receipt of proper application:VA Form 21-534

Accrued benefits are payable to the person who paid the veteran’s funeral bill and expenses of last illness if there is no surviving spouse based on receipt of proper applications:VA Form 21-530VA Form 21-601

QUESTIONS?QUESTIONS?