Application for DIC, Death Pension, and/or Accrued Benefits

Your information as the survivor making this claim. Use your full legal name. If you are a surviving spouse who has taken the veteran's last name or changed your name, use your current legal name and note any prior names if relevant to the claim.

(your legal name, SSN, address)

Common mistakes

• ×Using the veteran's SSN instead of your own - this is YOUR claim, filed under YOUR identity.
• ×Using a PO Box when a physical address is needed - VA may need to mail a field examiner visit notice.

The veteran's identifying information. The VA File Number is on any prior VA correspondence. Date of death must match the official death certificate. Service dates must match the DD-214.

(veteran's legal name, SSN, VA file number, date of death)

Common mistakes

• ×Not including the veteran's VA File Number - claim cannot be matched to the veteran's existing file and rating history.
• ×Service dates that do not match DD-214 - causes development requests that delay the claim.

Check ALL that apply. You can claim DIC, Death Pension, and Accrued Benefits simultaneously. VA will evaluate all of them and award any you qualify for. DIC is typically more valuable (tax-free, no income limit). Death Pension requires limited income. Accrued Benefits are what VA owed the veteran at death.

Check: DIC, Death Pension, Accrued Benefits (check all that apply)

Common mistakes

• ×Checking only Death Pension when you might also qualify for DIC - DIC is tax-free and has no income limit; always claim it.
• ×Not claiming Accrued Benefits - if the veteran had a pending claim at death, those benefits go to you.
• ×Not knowing about the 38 USC 1318 rule - if the veteran was rated 100% P&T for 10 or more continuous years, you may qualify for DIC even if the cause of death was not service-connected.

Authority

• 38 USC 1310 - DIC for surviving spouse, child, parent of service-connected death.
• 38 USC 1318 - DIC for survivors of veterans rated 100% P&T for 10+ years.
• 38 USC 1541 - Death pension for surviving spouse of wartime veteran.
• 38 USC 5121 - Accrued benefits payable to specified survivors.

For DIC: describe how the cause of death is related to the veteran's service-connected condition(s). Even if the death certificate says a general cause (e.g., "cardiopulmonary arrest"), the underlying cause (e.g., service-connected COPD from burn-pit exposure) may support DIC. Include the veteran's service-connected conditions and current ratings. Also note the 10-year rule if applicable.

e.g., Veteran died 03/15/2026 of respiratory failure. Primary contributing cause: service-connected COPD (100% rated since 2014), which is presumptive under 38 CFR 3.309 for burn pit exposure in Iraq. Veteran was also rated 100% P&T for PTSD since 2015 (10+ years before death).

Common mistakes

• ×Accepting a death certificate that only lists a terminal event ("cardiac arrest") without the underlying cause - push for the underlying service-connected condition to be listed or provide medical evidence separately.
• ×Not claiming DIC under the 38 USC 1318 10-year P&T rule when applicable - many surviving spouses miss significant tax-free benefits by not knowing this rule exists.
• ×Not providing the veteran's prior rating decisions - VA needs to verify SC conditions and ratings without them, causing delay.

Authority

• 38 CFR 3.303 - Direct service connection elements: in-service event, current diagnosis, nexus.
• 38 CFR 3.312 - Standards for determining whether death was caused by a service-connected disability for DIC eligibility.
• 38 USC 1310 - DIC for surviving spouse, child, parent of service-connected death.
• 38 USC 1318 - DIC for survivors of veterans rated 100% P&T for 10+ years.

Related ClaimRecon tools

• decision-decoder - Use Decision Decoder to understand the veteran's prior rating decisions and which conditions were service-connected.

VA requires the date, location (city and state/country), and type (ceremonial, common-law) of your marriage to the veteran. Also disclose ALL prior marriages for both you and the veteran and how each ended (death, divorce, annulment). VA cross-checks with SSA and court records. A remarriage after the veteran's death TERMINATES DIC and Death Pension - report if applicable.

e.g., Married 05/20/1995 in Phoenix AZ, ceremonial. No prior marriages for either party.

Common mistakes

• ×Omitting a prior divorce - VA will find it through SSA or court records and flag the omission as a material misrepresentation.
• ×Not reporting your own remarriage after the veteran's death - DIC terminates the month after remarriage; failure to report creates large overpayment debts.
• ×Common-law marriage without documentation - VA accepts common-law marriage evidence (affidavits, tax returns, shared accounts) but you must provide it.

Authority

• 38 CFR 3.50 - Defines spouse for VA compensation/pension purposes; covers ceremonial, common-law, and same-sex marriages.
• 38 USC 1310 - DIC for surviving spouse, child, parent of service-connected death.

List all children who were dependent on the veteran at the time of death: biological, adopted, stepchildren, and any permanently helpless adult children. For each: full legal name, SSN, DOB, and relationship. Children may receive DIC or Death Pension independently if no surviving spouse qualifies, or may receive apportioned shares.

e.g., Emily Smith, SSN: 234-56-7890, DOB: 06/15/2010, biological daughter

Common mistakes

• ×Forgetting to list adult helpless children - they may qualify for ongoing DIC as a helpless child regardless of age.
• ×Not listing stepchildren who were dependent - they qualify if the veteran legally adopted them or if they were living with the veteran in loco parentis.

Authority

• 38 CFR 3.52 - Defines dependent children including biological, adopted, stepchildren, and helpless adult children.
• 38 USC 1311 - Monthly DIC payment rates.

If you are ONLY claiming DIC (no Death Pension), you can skip this section. If you are also claiming Death Pension: report all income from all sources (SSA, wages, other pensions, interest, dividends) and your net worth (bank accounts, investments, real estate excluding primary home). Death Pension requires income below MAPR and net worth below approximately $155,000.

e.g., SSA survivors benefit: $14,400/yr; No other income. Checking: $8,200; Savings: $22,000; Total net worth: $30,200.

Common mistakes

• ×Not claiming Death Pension even if you also qualify for DIC - you can receive both if DIC is low and pension supplements it.
• ×Including the primary home in net worth - specifically excluded.

Authority

• 38 CFR 3.3 - Eligibility criteria for veterans pension: wartime service, discharge character, income below MAPR, and net worth below threshold.
• 38 USC 1541 - Death pension for surviving spouse of wartime veteran.

Sign and date under penalty of perjury. VA will cross-reference all information with SSA, IRS, and court records. Attach all required documents before submitting.

(your signature/date)

Common mistakes

• ×Not attaching the death certificate and marriage certificate - claim cannot be processed without them.
• ×Delaying the filing after death - benefits may be owed retroactively to the date of death or ITF filing.