M21-1 Manual / Part XII, Subpart i, Chapter 2, Section A

Ratings for Dependency and Indemnity Compensation (DIC)

M21-1, Part XII, Subpart i, Chapter 2, Section A

Overview

In This Section

This section contains the following topics:

Topic	Topic Name
1	DIC Benefits Under 38 U.S.C. 1310 and 1318
2	DIC Benefits Under 38 U.S.C. 1151

1. DIC Benefits Under 38 U.S.C. 1310 and 1318

Introduction

This topic contains information on DIC benefits under 38 U.S.C. 1310 and 1318, including

considering the reasonable probability of service-connected (SC) death
when DIC is payable under
- 38 U.S.C. 1310, and
- 38 U.S.C. 1318
evaluations that provide entitlement to benefits under 38 U.S.C. 1318
when DIC is not payable under 38 U.S.C. 1318
Dependents’ Educational Assistance (DEA) under 38 U.S.C. Chapter 35
when a survivor’s claim does not require a rating decision
review of service treatment records (STRs)
evidence to support a claim for DIC, and
consideration for payment under 38 U.S.C. 1318 if SC death is denied or deferred.

Change Date

January 14, 2026

XII.i.2.A.1.a. Considering the Reasonable Probability of SC Death

A reasonable probability of service-connected (SC) death exists if, based on a rating decision made during the Veteran’s lifetime, one or more of the following exists:

service connection (SC) was granted for a condition affecting any vital organ
the death certificate lists at least one of the Veteran’s SC disabilities as a principal or contributory cause of death, or
the Veteran was
- rated 100 percent for an SC disease or disability, or
- entitled to individual unemployability (IU).

Note: Establishing reasonable probability, alone, does not necessarily mean SC death will be granted, but that a medical opinion will ordinarily be requested if evidence does not already support an outright grant of benefits. A medical opinion is not needed if the evidence of record indicates SC was granted for a condition affecting a vital organ and one of the following provisions of 38 CFR 3.312(c)(3) and (4) apply
SC disease or injuries resulted in debilitating effects and general impairment of health contributing to cause of death, or
the SC condition was of a progressive or debilitating nature and of such severity as to have a material influence in accelerating death.
Important: VA Form 21P-530EZ, Application for Burial Benefits (Under 38 U.S.C. Chapter 23), is only considered an application for burial allowance, plot/interment allowance, and transportation benefit; this form is not considered a claim for Dependency and Indemnity Compensation (DIC). A standard application form for DIC benefits is required to evaluate eligibility and entitlement to DIC.References: For more information on
DIC application requirements, see M21-1, Part II, Subpart iii, 1.A
referring DIC cases to the rating activity, see M21-1, Part XII, Subpart i, 1.B.1.j
when DIC is payable under 38 U.S.C. 1310 or 38 U.S.C. 1318, see M21-1, Part XII, Subpart i, 2.A.1.b-e
contributory cause of death due to a vital organ, see 38 CFR 3.312(c)(3) and (4), and
specific situations in which survivors benefits claims should be referred to the rating activity, see M21-1, Part XI, Subpart ii, 1.1.d.

XII.i.2.A.1.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 DIC when

the principal or contributory cause of death shown on the death certificate matches one or more of the deceased Veteran’s SC disabilities
SC was granted for a condition affecting any vital organ and the provisions of 38 CFR 3.312(c)(3) or (4) apply, or
the cause of death is a presumptive disability and the evidence shows the Veteran meets the particular presumptive criteria.

References: For more information on
the types of evidence required to confirm the cause of death, see 38 CFR 3.211, and
contributory cause of death due to a vital organ, see
38 CFR 3.312(c)(3) and (4), and
M21-1, Part XII, Subpart i, 2.A.1.a.

XII.i.2.A.1.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

10 or more years immediately preceding death
a continuous period of not less than 5-years from the time of separation from service until death, or
1 or more years immediately preceding death if the Veteran was a former prisoner of war.

Notes:
The starting point for calculating the 10-year period is the effective date of the total evaluation.
The fact that the Veteran may never have actually received compensation (as in retired pay cases) does not preclude a grant under 38 U.S.C. 1318.

XII.i.2.A.1.d. Evaluations That Provide Entitlement to Benefits Under 38 U.S.C. 1318

Evaluations that provide entitlement to benefits under 38 U.S.C. 1318 include total evaluations based on

IU under 38 CFR 4.16
paired organs or extremities under 38 U.S.C. 1160, and
disability awarded for persons disabled by treatment or vocational rehabilitation under 38 U.S.C. 1151.

Reference: For more information on granting under 38 U.S.C. 1151, see VAOPGCPREC 80-1990.

XII.i.2.A.1.e. When DIC Is Not Payable Under 38 U.S.C. 1318

Benefits under 38 U.S.C. 1318 are not payable if

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 X, Subpart iv, 1.C, and
development action when the Veteran’s death is a homicide, see M21-1, Part X, Subpart iv, 2.B.2.

XII.i.2.A.1.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’ Educational Assistance (DEA) under 38 U.S.C. Chapter 35.Note: Surviving spouses granted automated 38 U.S.C. 1318 DIC must apply separately for DEA under 38 U.S.C. Chapter 35.
References: For more information on

when to address ancillary benefits, see M21-1, Part V, Subpart ii, 3.A.2.b, and
determining entitlement to DEA, see M21-1, Part XIII, Subpart i, 1.A.

XII.i.2.A.1.g. When a Survivor’s Claim Does Not Require a Rating Decision

When survivor claims are referred to the rating activity for review, a formal rating decision is not required if
SC for cause of death was not claimed, and
the rating activity finds no basis for pursuing the matter further, or
an automated 38 U.S.C. 1318 DIC payment is granted.
Notes:
When a rating decision is not required, the rating activity annotates VA Form 21-6789, Deferred Rating Decision, to show they
reviewed the claims folder, and
identified no evidence suggesting SC for the cause of death.
Pension automation conducts the same review of all survivor claims. When this review is completed, annotation is placed on the award document by the system to note the review occurred.

XII.i.2.A.1.h. Review of STRs

A review of service treatment records (STRs) is required only when DIC cannot be granted based on the evidence of record.

XII.i.2.A.1.i. Evidence to Support a Claim for DIC

Evidence to support a claim for DIC may be obtained from

the claims folder
corporate record
VA medical center treatment reports or VA outpatient clinic records
STRs, or
private doctor or hospital treatment records.

Important: If the rating activity can grant DIC, and there is sufficient evidence in the Veteran’s corporate record, then the claims folder is not needed for review.

XII.i.2.A.1.j. Consideration for Payment Under 38 U.S.C. 1318 if SC Death Is Denied or Deferred

The rating activity must consider entitlement to payment under 38 U.S.C. 1318 if

SC for cause of death is denied, and
the Veteran had a totally disabling SC condition at the time of death.

Use the table below to determine the appropriate action to take if the rating activity determines that the cause of death is not SC.

If the rating activity …	Then …
denies SC for the cause of death, and grants entitlement to payment as if death were SC	prepare and annotate the award to read DIC awarded per 38 U.S.C. 1318 based on rating dated[date].
denies SC 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.

Important: If the rating activity defers an SC death determination, there should be no rating decision that denies DIC under 38 U.S.C. 1318.

2. DIC Benefits Under 38 U.S.C. 1151

Change Date

December 2, 2021

XII.i.2.A.2.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

attributable to
- 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.

Award benefits for death under 38 U.S.C. 1151 in the same manner as if the disability or death were SC.Reference: For more information on entitlement to compensation or DIC under the provisions of 38 U.S.C. 1151, see

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part XII, Subpart i, Chapter 2, Section A (U.S. government work, reproduced for reference). Browse all sections →