Dependency and Indemnity Compensation (DIC) is normally paid to a surviving spouse only when the veteran's death was caused by, or contributed to by, a service-connected condition. However, there is an important exception found in 38 U.S.C. § 1318 and 38 CFR § 3.22, sometimes called the "10-year rule." Under this provision, a surviving spouse can still qualify for DIC, treated as if the death were service-connected, if the veteran was rated totally disabled (100% schedular or TDIU) continuously for at least 10 years immediately before death, or for at least 5 years from the date of discharge, or for at least 1 year before death if the veteran was a former prisoner of war. The rating does not need to have been for the cause of death, and the death itself does not need to be service-connected for this pathway to apply. If a veteran has held a 100% P&T rating for many years, this is the provision most likely to matter for the surviving spouse.
Separately, a surviving spouse whose veteran did not qualify under the DIC or Section 1318 pathway may still be eligible for Survivors Pension, a needs-based benefit unrelated to service connection, or for accrued benefits if the veteran had a pending claim or award at the time of death. The application for DIC, Survivors Pension, and accrued benefits is typically filed on VA Form 21P-534EZ.
Official 2026 VA monthly compensation, including the 2.8% COLA increase.
Dependent add-ons start at a 30% rating. Child-only and dependent-parent rates: see the full 2026 pay chart.
| Rating | Monthly (2026, incl. 2.8% COLA) |
|---|---|
| 10% | $180.42 |
| 20% | $356.66 |
| 30% | $552.47 |
| 40% | $795.84 |
| 50% | $1,132.90 |
| 60% | $1,435.02 |
| 70% | $1,808.45 |
| 80% | $2,102.15 |
| 90% | $2,362.30 |
| 100% | $3,938.58 |
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Analyze my claim free →Because eligibility under 38 U.S.C. § 1318 depends on the exact dates and continuity of the total rating, documentation such as the rating decision history matters a great deal, and VA sometimes denies these claims based on gaps or misreadings of the timeline, which can be corrected on appeal. In the appealed VA decisions in VetAid's library, of the DIC-related cases with a recorded appellate disposition, 39% were vacated or remanded, 44% were affirmed (denial upheld), and 7% were reversed or granted outright — though these figures describe only cases that were already appealed, not the odds facing a first-time claim, and appealed cases are not a random sample of all DIC filings.
A veteran or spouse in this situation should pull together the full history of the P&T rating (start date and any gaps) now, so that if the time comes, the surviving spouse has clear documentation ready to file VA Form 21P-534EZ and, if needed, to point directly to the 10-year continuous rating requirement under 38 U.S.C. § 1318.
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