Claim Raven explanation
What this means
This section provides DIC in equal shares to a deceased veteran's children when no surviving spouse is entitled to DIC. It also addresses a retroactive adjustment when an older child's entitlement is restored because the child is pursuing approved education.
The printed rate depends on the number of entitled children and is divided equally. When an adult child's earlier entitlement is restored retroactively based on approved education, that child's retroactive amount is the difference between the increased total award for all children and the total award previously paid for the same period.
How this helps your claim
The statute applies to child DIC paid without an entitled surviving spouse. Child status, education, and other eligibility questions come from related provisions and should be checked before applying this rate structure.
What to check in your records
Confirm who was entitled during each month and use the current official rates for that period.
- Identify every child and the dates each met the applicable child-status rules.
- Preserve school approval and attendance records for restored entitlement.
- Compare the retroactive recomputation with amounts already paid to all children.
Build a month-by-month child roster
List each child's age, school status, and entitlement dates. The number of entitled children can change over time, so a single present-day family list may not explain a past payment or retroactive adjustment.
If education restores entitlement, keep the school's certification and VA's effective-date finding. Check the total family award before and after restoration rather than multiplying a current individual rate. Statutory dollar figures may have been adjusted.
Does each child receive the full amount listed for the family's child count?
No. The statute sets a total rate based on the number of entitled children and directs equal shares. The payable amount for a particular period should be checked against current rates and the children entitled during that period.
Official statutory text
38 USC § 1313
OLRC release: pl-119-108. Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 1313. Dependency and indemnity compensation to children
(a) Whenever there is no surviving spouse of a deceased veteran entitled to dependency and indemnity compensation, dependency and indemnity compensation shall be paid in equal shares to the children of the deceased veteran at the following monthly rates:
(1) one child, $488;
(2) two children, $701;
(3) three children, $915; and
(4) more than three children, $915, plus $174 for each child in excess of three.
(b) If dependency and indemnity compensation has been awarded under this section to a veteran’s child or children and the entitlement to dependency and indemnity compensation under this section of an additional child of that veteran who is over the age of eighteen years and who had previously been entitled to dependency and indemnity compensation under this section before becoming eighteen years of age is later reestablished effective retroactively upon determination that such child is pursuing a course of instruction at an approved educational institution, the amount payable retroactively to the additional child is the amount equal to the difference between the total of the increased award payable under this section to the children of the deceased veteran for the retroactive period and the prior total award for such purpose for that period.
Related references
- 38 USC § 101: Key Definitions for VA Benefit Eligibility
- 38 USC § 1310: When a service-connected death supports DIC
- 38 USC § 1314: Supplemental DIC for certain adult children
- 38 USC § 5121A: Substitution to Finish a Deceased Claimant's Case
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