VA Law Library

38 CFR §3.5

Dependency and Indemnity Compensation (DIC)

Tax-free monthly payments to a surviving spouse, child, or parent when a veteran dies from a service-connected condition.

Read the official text of 38 CFR §3.5

In plain English

DIC is paid to survivors. The core path is a death caused by, or substantially contributed to by, a service-connected condition. But there is a second path many families never hear about.

If the veteran was rated totally disabled — schedular 100% or TDIU — continuously for the ten years immediately before death, DIC can be payable even when the cause of death was unrelated to service. Shorter periods apply for veterans who died within a few years of discharge or who were former prisoners of war.

What the rule actually requires

  • DIC is payable when a service-connected disability caused or contributed substantially to the veteran’s death.
  • DIC may also be payable when the veteran was continuously rated totally disabled for 10 years before death.
  • Additional amounts are payable for dependent children, and for a surviving spouse who is housebound or needs aid and attendance.
  • Surviving parents may qualify on an income-based basis.

Why this matters to your claim

Families frequently assume DIC is closed to them because the death certificate lists something unrelated. The 10-year total-rating path is the reason to have the file reviewed anyway.

This is our plain-English summary, written for veterans — it is not the regulation itself and it is not legal advice. The controlling text is the current official version, linked above. The VA makes all final decisions about eligibility and payment.

Official text of 38 CFR §3.5

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