Dependency and Indemnity Compensation (DIC) — Who Qualifies and What It Pays
Dependency and Indemnity Compensation (DIC) is a monthly payment VA makes to the surviving spouse, child or parent of a service member or veteran because of a service-connected death. VA.gov describes it as tax-free. This guide covers who qualifies on the veteran's side and on the survivor's side, what VA.gov lists as the current rates, and how to apply.
The rules below come from 38 U.S.C. 103, 1310, 1311 and 1318 (U.S. Code, 2024 edition, on govinfo) and 38 CFR 3.5, 3.10, 3.22, 3.50, 3.53, 3.54, 3.55, 3.152 and 3.400(c) as published on eCFR (current through October 26, 2026), and from VA.gov's DIC eligibility page and its rates page for spouses and dependents, all read on October 28, 2026.
What DIC is
Under 38 CFR 3.5(a), DIC is a monthly payment to a surviving spouse, child or parent because of a service-connected death occurring after December 31, 1956. Parents' DIC is income-based and has its own rules and rates; see DIC for dependent parents. The rest of this guide is about spouses and children.
The veteran's side: three routes
At least one of these has to be true.
| Route | What must be true | Source |
|---|---|---|
| Death in service | The service member died while in active military, naval, air or space service. VA.gov describes this as dying in the line of duty and lists active duty, active duty for training and inactive-duty training | 38 U.S.C. 1310(b)(2); VA.gov |
| Service-connected death | The veteran died from a service-connected disability and was discharged under conditions other than dishonorable from the period of service in which that disability was incurred or aggravated | 38 U.S.C. 1310(a), (b)(1) |
| Totally disabled before death | The death was not the result of the veteran's own willful misconduct, and the veteran was receiving, or entitled to receive, compensation for a service-connected disability rated totally disabling continuously for at least 10 years immediately before death, or since release from active duty and for at least 5 years immediately before death, or for at least 1 year immediately before death for a former prisoner of war | 38 U.S.C. 1318(b); 38 CFR 3.22(a) |
Whether a death was service-connected is decided under 38 CFR 3.312: a service-connected disability must have been the principal or a contributory cause of death. Service-connected death and cause of death explains that test, deaths in service, and the evidence.
The third route is often called the 10-year rule. "Rated totally disabling" includes a total rating based on individual unemployability (3.22(c)). "Entitled to receive" covers a veteran who filed a claim during their lifetime and whose total rating was held back by clear and unmistakable error, or by service department records VA had not considered, or was in place but not paid, for example because the veteran had not waived retired pay (3.22(b)). If a survivor receives money or property from a lawsuit or settlement over the death, DIC on this route is withheld until it equals that amount; Social Security and workers' compensation do not count (38 U.S.C. 1318(d); 3.22(e), (f)).
The survivor's side: surviving spouses
A surviving spouse must meet all of these:
| Requirement | What it means | Rule |
|---|---|---|
| Married at the time of death | You were the veteran's spouse when they died | 38 CFR 3.50(b) |
| Continuous cohabitation | You lived with the veteran from the date of marriage until death, unless a separation was due to the veteran's misconduct or was procured by the veteran without your fault. Temporary separations do not break continuity, and your statement of the reason for a separation is accepted unless there is contradictory information | 3.50(b)(1); 3.53 |
| Marriage date, DIC under section 1310 | You married the veteran within 15 years after the end of the period of service in which the fatal disease or injury was incurred or aggravated, or were married for one year or more, or a child was born of the marriage or to you both before it | 3.54(c) |
| Marriage date, DIC under the 10-year rule | The marriage lasted at least one year immediately before death, or a child was born of the marriage or before it | 3.22(d) |
| No disqualifying remarriage | See the next section | 3.50(b)(2) |
Remarriage
Remarriage generally ends a surviving spouse's status (3.50(b)(2)), with these exceptions:
| Situation | Effect on DIC | Source |
|---|---|---|
| You remarried after age 55 | Does not bar DIC | 38 U.S.C. 103(d)(2)(B); 38 CFR 3.55(a)(9)(iii) |
| Your later marriage ended by death, divorce or annulment | Does not bar DIC, unless VA finds the divorce or annulment was obtained by fraud or collusion | 3.55(a)(3) |
| You stopped living with another person as their spouse | Does not bar DIC once you stop | 3.55(a)(6) |
The age-55 rule applies to a remarriage at any time (3.55(a)(9)(iii)). After a later marriage ends, eligibility starts the month after it ends (38 U.S.C. 103(d)(4)). DIC and remarriage has more on these rules.
Surviving children
VA.gov lists a surviving child as eligible in their own right if the child is unmarried, is not included on the surviving spouse's DIC, and is under 18, or under 23 if attending school. A child adopted out of the veteran's family can still qualify. A child who became permanently incapable of self-support before 18 has separate rules; see helpless child benefits.
What DIC pays
These are the monthly amounts VA.gov lists for a surviving spouse of a veteran who died on or after January 1, 1993, effective December 1, 2025:
| Part of the payment | Monthly amount | Rule |
|---|---|---|
| Basic rate | $1,699.36 | 38 U.S.C. 1311(a)(1); 38 CFR 3.10(b) |
| 8-year provision: the veteran was rated totally disabling (including individual unemployability) for at least 8 continuous years immediately before death, and you were married for those same 8 years | + $360.85 | 1311(a)(2); 3.10(c), (f) |
| Each child under 18 | + $421.00 | 1311(b); 3.10(e)(1) |
| Aid and attendance: you need regular aid and attendance or are a nursing home patient | + $421.00 | 1311(c); 3.10(e)(2) |
| Housebound: you are permanently housebound but do not qualify for aid and attendance | + $197.22 | 1311(d); 3.10(e)(3) |
| Transitional benefit: one or more children under 18 | + $359.00 | 1311(f); 3.10(e)(4) |
The transitional benefit is a single amount however many children there are. Under 1311(f) it is paid only during the two years beginning on the date DIC entitlement began, and it stops after the month in which the last child turns 18.
For a death before January 1, 1993, the rate is based on the veteran's pay grade if that is higher (3.10(d)); VA.gov prints a pay-grade table. For children where there is no eligible surviving spouse, VA.gov lists $717.50 a month for one child, with per-child rates for larger families. Alongside an eligible spouse, it lists $356.66 a month for a child aged 18 to 23 in school, paid to the child separately.
DIC next to other benefits
A claim by a spouse or child for DIC is also treated as a claim for survivors pension and accrued benefits (3.152(b)(1)). VA.gov says that if you qualify for both DIC and Survivors Pension, VA pays whichever gives you more; you can't get both. See Survivors Pension and accrued benefits.
VA.gov also says you can receive a full Survivor Benefit Plan (SBP or RCSBP) payment and full DIC at the same time; the old SBP-DIC offset was fully eliminated on January 1, 2023.
For aid and attendance, education and health care, see aid and attendance for surviving spouses, Survivors and Dependents Educational Assistance and CHAMPVA.
How to apply
VA.gov lists three forms:
| Who is applying | Form |
|---|---|
| Spouse or child of a service member who died on active duty | VA Form 21P-534a. Your military casualty assistance officer helps you complete it and mail it to the right regional office |
| Spouse or child of a veteran | VA Form 21P-534EZ, Application for DIC, Survivors Pension, and/or Accrued Benefits |
| Parent | VA Form 21P-535 |
VA.gov says you can apply through an accredited representative, upload the form through QuickSubmit, mail it to Department of Veterans Affairs, Pension Intake Center, PO Box 5365, Janesville, WI 53547-5365, or get help at a VA regional office. It also suggests an intent to file while you gather military service records, doctors' reports and medical test results.
Timing matters. For a service-connected death after separation, DIC starts the first day of the month of death if VA receives the claim within one year after the death; otherwise it starts on the date VA receives the claim. For a death in service, it starts the first day of the month the service department fixes as the date of death, if the claim comes in within one year of the initial report of death (38 CFR 3.400(c)(1), (2)).
Once you are receiving DIC, VA.gov says VA will at times ask you to verify your marital status, for example with VA Form 21P-0537, and that you only need to do this when VA asks.
Frequently Asked Questions
Is DIC taxed?
VA.gov describes DIC as a tax-free monetary benefit and says the payments are tax exempt.
Can I get DIC if the veteran did not die of a service-connected condition?
Yes, if the veteran was receiving or entitled to receive compensation for a service-connected disability rated totally disabling for 10 continuous years before death, or since release from active duty and for at least 5 years before death, or for at least 1 year before death as a former prisoner of war, and the death was not from their own willful misconduct (38 U.S.C. 1318; 38 CFR 3.22). For a spouse, the marriage must have lasted at least one year before death, or a child was born of the marriage or before it.
Does remarrying end DIC?
Not if you remarried after age 55 (38 U.S.C. 103(d)(2)(B)). If you remarried younger, DIC can be restored once that marriage ends by death, divorce or annulment, unless VA finds fraud or collusion (38 CFR 3.55(a)(3)). Eligibility restarts the month after the marriage ends.
What is the 8-year provision?
An added amount, $360.85 a month on VA.gov's current table, paid when the veteran was rated totally disabling (including individual unemployability) for at least 8 continuous years immediately before death and the surviving spouse was married to the veteran for that whole period (38 U.S.C. 1311(a)(2); 38 CFR 3.10(c), (f)).
Can I receive DIC and Survivors Pension together?
No. VA.gov says VA pays whichever benefit gives you more. A spouse's or child's DIC claim is also treated as a claim for survivors pension and accrued benefits (38 CFR 3.152(b)(1)).
How soon should I file?
Within one year of the death if you can. For a service-connected death after separation, a claim received within one year is paid from the first day of the month of death; a later claim is paid from the date VA receives it (38 CFR 3.400(c)(2)).