The PACT Act – Eligible Survivors for DIC Benefits

Eligible Survivors for DIC Benefits

Eligible survivors who previously filed for DIC benefits

The PACT Act became law on August 10, 2022, by President Biden. The PACT Act is a comprehensive set of regulations that entitle more Veterans to presumptive disability benefits and healthcare.

The PACT Act includes many new conditions that are now presumptive. These presumptions are due to a Veteran’s active military, naval, air, or space service. With these new updates, dependents of a deceased Veteran may now be eligible to receive dependency and indemnity compensation (DIC) benefits from VA.

Dependency and indemnity compensation (DIC) is a monthly benefit paid to eligible surviving dependents of a deceased Veteran who died from a service-related injury or illness.

The updates in the PACT Act mean that claims where DIC was previously denied may now be eligible for reevaluation.

If you are the eligible dependent of a Veteran that passed away that had previously applied for DIC and was denied, you can reapply under the new conditions that the PACT Act honors.

Who is an eligible Survivors for DIC Benefits

  • Spouse of a deceased Veteran
  • Dependent child of a deceased Veteran
  • Dependent parent of a deceased Veteran

Learn more about surviving dependent children and parents here

Eligibility for a spouse of a deceased Veteran:

One of these must be true:

  • You lived with the Veteran or service member without a break until their death, or
  • If you’re separated, you weren’t at fault for the separation

And one of these must be true:

  • You married the Veteran or service member within 15 years of their discharge from the period of military service during which the qualifying illness or injury started or got worse, or
  • You were married to the Veteran or service member for at least 1 year, or
  • You had a child with the Veteran or service member

Note: If you remarried, you can receive or continue to receive compensation if one of these describes you:

  • You remarried on or after December 16, 2003, and you were 57 years of age or older at the time you remarried, or
  • You remarried on or after January 5, 2021, and you were 55 years of age or older at the time you remarried

Learn more about the evidence you’ll need to support your claim

If you are a spouse of a deceased Veteran and they were receiving disability compensation due to one of the presumptive medical conditions on the list, you may be eligible for VA disability compensation.
  • You can find out more about filing a claim for VA disability benefits by clicking here. Make sure to fill out the form completely and respond to any requests from VA. For additional information about your medical conditions or treatment.

If you were previously denied dependency and indemnity compensation for one of the locations. Or conditions that the PACT Act has updated, you can now refile by submitting VA Form 21-256EZ to VA.

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This Post Has 4 Comments

  1. Venecia Hammond Dacus

    I am Venecia Hammond Dacus and my father is Ret USAF TSgt Loris Lorenzo Hammond. He passed on Wednesday October 3, 1984. He died with colon cancer. He was stationed in Vietnam and Korea during
    his tenure with the Air Force. He was exposed to agent orange during that time. He passed away at the VA Hospital in Montgomery Alabama. My mother attempted to request compensation in the early 2000’s however she became ill a few years later and died in 2012. I am his daughter and the executor of her estate. I received notification in the mail about this addressed to our old address. How can I file for DIC compensation throught the PACT Act?

      1. Diane

        Good morning Ms. Dacus ,
        I have the same question as you do. My father died then my mother died most recently. I am the executor as well. Did you find the answer to your question? Because I can’t get a clear answer from
        my readings . Please let me know

        1. vetdev1

          Hello Ms. Diane, If you follow the link we supplied in Ms. Dacus’s reply Under the section of: Am I eligible for VA DIC as a surviving spouse or dependent?” scroll down to “As a surviving child” and it says:
          You may be eligible for VA benefits or compensation if you meet these requirements:

          All of these must be true:

          • You aren’t married, and
          • You aren’t included on the surviving spouse’s compensation, and
          • You’re under the age of 18 (or under the age of 23 if attending school)

          If you do not meet these requirements, you are likely not eligible for DIC benefits.

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