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In August 2022, the PACT Act significantly enhanced the eligibility for Veterans’ benefits, extending the reach to more survivors than ever before. This new legislation recognizes additional presumptive conditions and toxic exposure locations, making it simpler for Veterans to connect certain health conditions to their military service.
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Enhanced Survivor Benefits Through the PACT Act
Under the PACT Act, qualifying family members could be eligible for Dependency and Indemnity Compensation (DIC) – a monthly payment designed to support the surviving spouse, dependent child, or parent of a Veteran who passed away due to a service-related disability.
Surviving spouses qualify for DIC if they lived continuously with the Veteran until their passing, unless they were separated for reasons beyond their control. Other eligibility conditions include marrying the Veteran within 15 years of their discharge from the military service during which the qualifying illness or injury started or worsened. Additionally, surviving spouses who have remarried may also be eligible.
Dependent children qualify if they are unmarried, under the age of 18 (or under 23 if still in school), and are not included on the surviving spouse’s compensation. Even children adopted out of the Veteran’s family could be eligible.
Eligible surviving parents are the biological, adoptive, or foster parents of the Veteran and have an income below a certain threshold.
Updated Application and Re-Evaluation Process
Surviving spouses and children applying for the first time should submit the “Application for DIC, Survivors Pension, and/or Accrued Benefits, VA Form 21P-534EZ“. For re-evaluation of a previously denied claim, they must select the option under question 7A indicating their claim is based on expanded eligibility under the PACT Act.
Surviving parents applying for the first time should use “Application for Dependency and Indemnity Compensation by Parent(s), VA Form 21P-535“. For re-evaluation of a previously denied claim, they need to select “Yes” under question 15 indicating that their claim is based on expanded eligibility under the PACT Act.
Survivors can also request re-evaluation of a previously denied PACT Act DIC claim by submitting a “Decision Review Request: Supplemental Claim, VA Form 21-0995“.
Submitting Your Application
Applicants can submit their documents via mail, in person at a VA regional office, or electronically. The fastest method is through electronic submission via QuickSubmit.
Additional Resources
For further details on DIC for spouses, dependents, and parents, visit www.va.gov/disability/dependency-indemnity-compensation. More information on the PACT Act can be accessed at www.va.gov/PACT.
