How do I file a survivor's (DIC) claim for a veteran's death now that the PACT Act adds new Agent Orange presumptions?

VA Form 21-526EZ is only for the veteran's own disability compensation claim while alive. When a veteran has died and a survivor believes the death was caused by a service-connected (or now presumptively service-connected) condition, the correct form is VA Form 21-534EZ, Application for DIC, Death Pension, and/or Accrued Benefits. This form is used to file a claim for Dependency and Indemnity Compensation (DIC) under 38 U.S.C. § 1310, which pays eligible survivors when a veteran's death is service-connected.

The PACT Act expanded the list of conditions presumed related to herbicide (Agent Orange) exposure and expanded the locations where exposure is presumed, including service in Guam, American Samoa, and surrounding waters during specified periods. Non-Hodgkin's lymphoma has long been on the Agent Orange presumptive list under 38 U.S.C. § 1116, so if the veteran's service dates and location now qualify for the exposure presumption, that presumption can support a new DIC claim even though an earlier decision found no service connection.

Because there was already a prior decision finding the death not service-connected, the survivor generally has two paths: file a new DIC claim citing the new legal basis (the PACT Act's expanded presumption is new and relevant evidence/law), or file a Supplemental Claim (VA Form 20-0995) referencing the earlier DIC denial and submitting the new presumptive-exposure basis as new and relevant evidence. A Supplemental Claim can sometimes preserve an earlier effective date if filed within one year of the prior denial, so checking that decision's date matters. If the denial is very old, a straightforward new DIC claim under 21-534EZ is usually the cleaner path.

Supporting documents typically needed include the veteran's DD-214 (to establish service dates and location), the death certificate, and medical evidence linking non-Hodgkin's lymphoma to the cause of death (often already in VA or private medical records). A Nexus is presumed once qualifying exposure and the covered condition are shown, so extensive independent medical evidence may not be necessary.

Outcomes vary based on the exact dates and location of service in Guam and the specific findings in the death certificate, so this is not something that can be predicted in general terms.

The concrete next step is to file VA Form 21-534EZ (or a Supplemental Claim referencing the prior denial) with the DD-214, death certificate, and any medical records showing the cause of death, and to have a Veterans Service Organization or accredited representative review the PACT Act's Guam presumptive dates against the veteran's service record before submitting.