Death Benefits

The VA provides for death benefits to qualifying family members of the deceased veteran. These benefits are known as dependency and indemnity compensation (DIC). Generally, surviving spouses and children qualify for DIC benefits. DIC claims must be proven in a similar manner as service-connected benefits: i.e., a showing that the veteran’s death was casually or temporally related to an in-service incident.

However, there is one significant exception. Under the so-called Ten-Year rule under 38 U.S.C. § 1318, a claimant may be awarded DIC benefits if, before his death, the veteran was receiving or was entitled to receive a disability rating level of 100 percent for a continuous period of ten (10) years or more. 38 U.S.C. § 1381.