The PACT Act, passed in August 2022, expands Veterans’ eligibility to benefits based on the addition of new presumptive conditions and toxic exposure locations. Presumptive conditions are ones VA assumes are related to military service, therefore making it easier for Veterans to connect certain conditions to their military service. As a result, more survivors are eligible for benefits than ever before.
Monthly survivor payments
Qualifying family members may be eligible to receive Dependency and Indemnity Compensation (DIC). DIC is a monthly payment provided to the surviving spouse, dependent child or parent of a Veteran who died from a service-connected disability.
To be eligible as a surviving spouse, the survivor must have lived with the Veteran without a break until the Veteran’s death, or if they were separated, the survivor was not at fault for the separation. Additionally, the survivor must have been married to the Veteran within 15 years of discharge from the period of military service during which the qualifying illness or injury started or worsened, or were married to the Veteran for at least one year, or had a child with the Veteran. Surviving spouses who have re-married may also be eligible.
A surviving child is eligible if they are not married, are not included on the surviving spouse’s compensation and are under the age of 18 (under age 23 if attending school). Children adopted out of the Veteran’s family may also be eligible.
A surviving parent(s) is eligible if they are the biological, adoptive or foster parent of the Veteran and have income below a certain amount.
How to apply, re-apply, or request re-evaluation
Surviving spouses and children applying for the first time must submit an “Application for DIC, Survivors Pension, and/or Accrued Benefits, VA Form 21P-534EZ.”
Surviving spouses and children requesting re-evaluation of a previously denied claim must select the option under question 7A which states, “DIC due to claimant election of a re-evaluation of a previously denied claim based on expanded eligibility under PL 117-168 (PACT Act).”
Surviving parents applying for the first time must submit “Application for Dependency and Indemnity Compensation by Parent(s), VA Form 21P-535.”
Surviving parents requesting re-evaluation of a previously denied claim must select “Yes” under question 15 which asks, “Are you claiming DIC based on the election of a re-evaluation of a previously denied claim due to expanded eligibility under Public Law 117-168 (PACT Act)?”
Survivors may also request re-evaluation of a previously denied PACT Act DIC claim by submitting a “Decision Review Request: Supplemental Claim, VA Form 21-0995.” If a survivor is claiming DIC based on the PACT Act, it must be clearly stated on the application.
How to submit the application
Documents may be submitted by mail, in person at a VA regional office or electronically. Electronic submission is recommended via QuickSubmit, as this is the fastest method of receipt.
Additional resources
For more information regarding DIC for spouses, dependents and parents, please visit: www.va.gov/disability/dependency-indemnity-compensation. Additional information about the PACT Act can be found at www.va.gov/PACT.
Author: