had at least one SC disease or disability evaluated at 50 percent or more disabling
was rated 100 percent for an SC disease or disability, or
was entitled to individual unemployability (IU).
b. When DIC is Payable Under 38 U.S.C. 1310
The rating activity must determine if, based on the evidence of record, it is at least as likely as not that the Veteran’s death was related to service. Grant Dependency and Indemnity Compensation (DIC) when:
the principal or contributory cause of death shown on the death certificate matches one or more of the deceased Veteran’s service-connected disabilities or
the cause of death is a presumptive disability and the evidence shows the Veteran meets the particular presumptive criteria.
Reference: For more information on the types of evidence required to confirm the cause of death, see 38 CFR 3.211.
c. When DIC is Payable Under 38 U.S.C. 1318
Pay DIC to a surviving spouse or children in the same manner as if death were SC, if a Veteran was in receipt of, or entitled to receive, disability compensation for an SC disability totally disabling for
the cause of death is found to have been the result of a Veteran’s own willful misconduct, or
the Veteran’s death was wrongfully and intentionally caused by the claimant.
Note: Absent evidence to the contrary in Department of Veterans Affairs (VA) records or on the death certificate, presume that the cause of death was not due to the Veteran's willful misconduct.
References: For more information on
willful misconduct, see M21-1, Part III, Subpart v, 1.D, and
development action when the Veteran’s death is a homicide, see M21-1, Part III, Subpart v, 1.F.2.
f. DEA under 38 U.S.C. Chapter 35
Whenever DIC is granted under 38 U.S.C. 1310 or 38 U.S.C. 1318, the rating must address Dependents’ Education Assistance (DEA) under 38 U.S.C. Chapter 35.
Reference: For more information on when to address ancillary benefits, see M21-1, Part III, Subpart iv, 6.B.2.b.
g. When a Survivor Claim Does Not Require a Rating Decision
annotate the award to read “DIC awarded per 38 U.S.C. 1318 based on rating dated[date].”
service connection for the cause of death, and
payment under 38 U.S.C. 1318
include a remark that these issues were considered in any denial or pension award prepared.
2. DIC Benefits Under 38 U.S.C. 1151
This topic contains information on DIC benefits under 38 U.S.C. 1151, including
benefits under 38 U.S.C. 1151, and
rating guidance under 38 U.S.C. 1151.
June 15, 2015
a. Benefits Under 38 U.S.C. 1151
38 U.S.C. 1151 provides for the payment of compensation for death that is
not the result of the Veteran’s willful misconduct, and
hospital care, medical or surgical treatment, or examination furnished the Veteran under any law administered by the Secretary, either by a VA employee or in a VA facility as defined in 38 U.S.C. 1701(3)(A)
participation in vocational rehabilitation training under 38 U.S.C. Chapter 31, or
participation in Compensated Work Therapy (CWT).
Award benefits for death under 38 U.S.C. 1151 in the same manner as if the disability or death were SC.