Claim Raven explanation
What this means
This section provides additional or concurrent DIC for certain children age 18 or older. It covers a child who became permanently incapable of self-support before 18 and a child who has reached age 18, is under 23, and pursues approved education while DIC is paid to a surviving spouse.
A child already receiving DIC who became permanently incapable of self-support before 18 receives a statutory increase. When a surviving spouse receives DIC, the section allows a concurrent child payment for that incapacity category and a separate concurrent payment for an eligible student who has reached 18 and is under 23. The printed amounts may be subject to later adjustments.
How this helps your claim
The provision contains separate paths. Permanent incapacity before age 18 and approved education before age 23 are different legal categories with different evidence and payment treatment.
What to check in your records
Identify which path applies and verify the child's status during the exact payment period.
- For incapacity, gather records showing onset before the child's eighteenth birthday.
- For education, preserve enrollment, course dates, and institution approval records.
- Check whether DIC was concurrently payable to a surviving spouse.
Keep the age threshold tied to the evidence
For permanent incapacity, later medical severity is not the only question. The evidence must address whether the child became permanently incapable of self-support before age 18. Build a timeline using school, employment, medical, and functional records from that period.
For the education path, track actual course dates and changes in enrollment. Do not assume that being under 23 is enough by itself. Confirm the educational institution and course of instruction meet the applicable approval rules.
Does every child over 18 continue receiving DIC?
No. This section addresses particular adult-child categories, including permanent incapacity arising before 18 and qualifying education before 23. The evidence and dates for the applicable category control.
Official statutory text
38 USC § 1314
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.
§ 1314. Supplemental dependency and indemnity compensation to children
(a) In the case of a child entitled to dependency and indemnity compensation who has attained the age of eighteen and who, while under such age, became permanently incapable of self-support, the dependency and indemnity compensation paid monthly to such child shall be increased by $286.
(b) If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such person’s deceased spouse) who has attained the age of eighteen and who, while under such age, became permanently incapable of self-support, dependency and indemnity compensation shall be paid monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the surviving spouse, in the amount of $488.
(c) If dependency and indemnity compensation is payable monthly to a person as a surviving spouse and there is a child (of such person’s deceased spouse), who has attained the age of eighteen and who, while under the age of twenty-three, is pursuing a course of instruction at an educational institution approved under section 104 of this title, dependency and indemnity compensation shall be paid monthly to each such child, concurrently with the payment of dependency and indemnity compensation to the surviving spouse, in the amount of $243.
Related references
- 38 USC § 101: Key Definitions for VA Benefit Eligibility
- 38 USC § 1313: DIC payments to children when no spouse is entitled
- 38 USC § 1310: When a service-connected death supports DIC
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