Dependency and Indemnity Compensation for Remarried Survivors

In our final installment about Dependency and Indemnity Compensation (DIC), a benefit for qualifying survivors of veterans whose deaths were service-connected., we’re going to talk about what happens when a survivor remarries.

According to VA policies, DIC is available to a surviving spouse who has not been remarried if the spouse:

· Legally married the veteran before January 1, 1957, OR

· Was married to a service member who died on active duty, OR

· Married the veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the veteran’s death began or was aggravated, OR

· Was married to the veteran for at least one year, OR

· Had a child with the veteran, AND

· Cohabited with the veteran continuously until the veteran’s death or, if separated, was not at fault for the separation, AND

· Is not currently remarried.

But there are a few caveats that enable DIC to be reinstated for survivors who have remarried. For example, benefits can be restored if the remarriage ended in death, divorce, or annulment.

· In another example, a survivor who is age 57 or older on or after December 16, 2003, can continue to receive DIC. But if this describes your situation, the Department of Veterans Affairs requires that you re-applied for DIC benefits during the time period of December 16, 2003 – December 15, 2004 in order to have DIC restored. All applications after that date will be denied, according to the Federal Circuit Court of Appeals.

If you’d like to approach the application for DIC or other veterans’ benefits with confidence, the experienced staff of Jan Dils, Attorneys at Law, will be happy to discuss your case. Please contact us to schedule your free initial consultation.

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