Dependency and Indemnity Compensation (DIC) Allowance Under 38 U.S.C. 1311(a)(2) and Other Allowances

Overview

In This Section

This section contains the topic, “ DIC and Additional Allowances.”

1. DIC and Additional Allowances

Introduction

This topic contains information on additional allowances for DIC claims, including

• additional allowance
• if Veteran was totally disabled for eight years
• for school benefits under 38 U.S.C. Chapter 35, and
• for having minor children
• limited duration of additional allowance for having minor children
• example 1 of additional allowance for having minor children
• example 2 of additional allowance for having minor children
• example 3 of additional allowance for having minor children, and
• service-connected (SC) burial allowance.

Change Date

July 26, 2022

XII.i.4.B.1.a. Additional Allowance if Veteran Was Totally Disabled for Eight Years

For a Veteran who died on or after January 1, 1993, an additional monthly allowance is payable under 38 U.S.C. 1311(a)(2) if, at the time of the Veteran’s death,

• the Veteran was in receipt of, or entitled to receive, compensation for a service-connected (SC) disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least eight years immediately preceding death, and
• the surviving spouse was married to the Veteran for those same eight years.

Important: Both requirements must be met in order to establish entitlement to this supplemental allowance.

Note: Entitlement to this additional benefit must be identified during Veterans Benefits Management System (VBMS)-Awards processing by recording, in order, the

• Eligible for Dependency and Indemnity Compensation (DIC) decision to establish basic eligibility, and
• 8&8 Criteria is Met from Original Eligibility Date decision to record the additional benefit payable.

Reference: For more information on processing DIC awards, see the VBMS Awards User Guide.

XII.i.4.B.1.b. Additional Allowance for School Benefits Under 38 U.S.C. Chapter 35

The 38 U.S.C. Chapter 35 program called, Survivors' and Dependents' Educational Assistance (DEA), provides education and training opportunities for eligible dependents of certain Veterans and service members.

Reference: For more information on DEA, see

• M21-1, Part XIII, Subpart i, 1.A
• 38 CFR Part 21, and
• 38 U.S.C. Chapter 35.

XII.i.4.B.1. c. Additional Allowance for Having Minor Children

Under Public Law (PL) 108-454, 38 U.S.C. 1311(f) authorizes a monthly DIC child supplement payment to certain surviving spouses.

A monthly child supplement will be paid in addition to the regular DIC payment, if the surviving spouse

• is receiving DIC
• has one or more children under the age of 18 on the DIC award, and
• has not received DIC for more than two years from the date of the original entitlement to DIC.

Note: The earliest date that the monthly child supplement may be added to a DIC award is January 1, 2005, the first of the month after the date of enactment of PL 108-454.

XII.i.4.B.1. d. Limited Duration of Additional Allowance for Having Minor Children

Eligibility for the additional monthly amount only applies to the months occurring during the two-year period beginning from the date entitlement to DIC began. Entitlement terminates at the earliest of the

• end of the two-year period from the original date of DIC eligibility
• first of the month following the month in which the last minor child on the surviving spouse’s award reaches the age of 18, or
• date that the last minor child otherwise leaves the surviving spouse’s award, when the date is prior to the child’s 18 th birthday.

Notes:

• Only one monthly child supplement payment is made, regardless of the number of minor children on the surviving spouse’s award.
• VBMS-Awards will automatically include the child supplement payment for any minor child on the surviving spouse's award.

XII.i.4.B.1.e. Example 1: Additional Allowance for Having Minor Children

Facts: A surviving spouse with a child under the age of 18 had an original award of DIC with an effective date of entitlement of July 1, 2004. The two-year period from the date of initial entitlement ends June 30, 2006.

Result: The surviving spouse would be entitled to the additional $250.00 monthly amount from January 1, 2005, the first of the month after the date of enactment of PL 108-454, through June 30, 2006.

XII.i.4.B.1.f. Example 2: Additional Allowance for Having Minor Children

Facts: A surviving spouse with a child under the age of 18 had an original award of DIC with an effective date of entitlement of February 1, 2003. The two-year period from date of initial entitlement ends January 31, 2005.

Result: The surviving spouse would be entitled to the additional $250.00 for one month, from January 1, 2005, through January 31, 2005.

XII.i.4.B.1.g. Example 3: Additional Allowance for Having Minor Children

Facts: A surviving spouse with a child under the age of 18 had an original award of DIC with an effective date of entitlement of July 1, 2018. The child reached the age of 18 on October 14, 2018.

Result: The surviving spouse would be entitled to the additional $317.87 monthly amount from August 1, 2018, per 38 CFR 3.31, through October 31, 2018, the end of the month in which the child reached the age of 18.

XII.i.4.B.1.h. SC Burial Allowance

PL 114-315 allows the Veterans Benefits Administration to grant SC burial allowance to a surviving spouse without a claim when the criteria listed in M21-1, Part XI, Subpart iii, 1.B.2.a is met. In these situations, establish an end product (EP) 160 with the associated SC burial rating claim label and the same date of claim as the DIC claim.

References: For more information on

• priority of payments, see M21-1, Part XI, Subpart iii, 1.A.3.b
• SC burial allowance, see M21-1, Part XI, Subpart iii, 1.B.2
• EPs, see M21-4, Appendix B, and
• claim labels used for SC burial, see M21-4, Appendix C.