(a) Dependency and indemnity compensation. This term means a monthly payment made by the Department of Veterans Affairs to a surviving spouse, child, or parent:
(1) Because of a service-connected death occurring after December 31, 1956, or
(2) Pursuant to the election of a surviving spouse, child, or parent, in the case of such a death occurring before January 1, 1957.
(Authority: 38 U.S.C. 101 (14))
(b) Entitlement. Basic entitlement for a surviving spouse, child or children, and parent or parents of a veteran exists, if:
(1) Death occurred on or after January 1, 1957, except in the situation specified in § 3.4(c)(2); or
(2) Death occurred prior to January 1, 1957, and the claimant was receiving or eligible to receive death compensation on December 31, 1956 (or, as to a parent, would have been eligible except for income), under laws in effect on that date or who subsequently becomes eligible by reason of a death which occurred prior to January 1, 1957; or
(3) Death occurred on or after May 1, 1957, and before January 1, 1972, and the claimant had been ineligible to receive dependency and indemnity compensation because of the exception in subparagraph (1) of this paragraph. In such case dependency and indemnity compensation is payable upon election.
(38 U.S.C. 1310, 1316, 1317, Public Law 92-197, 85 Stat. 660)
(c) Exclusiveness of remedy. (1) Except as provided in paragraph (c)(2) of this section, no person eligible for dependency and indemnity compensation by reason of a death occurring on or after January 1, 1957, shall be eligible by reason of such death for survivors pension or death compensation under any other law administered by the Department of Veterans Affairs.
(2) A surviving spouse who, but for the surviving spouse's eligibility for dependency and indemnity compensation, would be eligible to receive survivors pension at the rate provided for in 38 U.S.C. 5503(d) will receive survivors pension instead of such compensation.
(Authority: 38 U.S.C. 1317)
(d) Group life insurance. No dependency and indemnity compensation or death compensation shall be paid to any surviving spouse, child or parent based on the death of a commissioned officer of the Public Health Service, the Coast and Geodetic Survey, the Environmental Science Services Administration, or the National Oceanic and Atmospheric Administration occuring on or after May 1, 1957, if any amounts are payable under the Federal Employees' Group Life Insurance Act of 1954 (Pub. L. 598, 83d Cong., as amended) based on the same death.
(Authority: Sec. 501(c)(2), Pub. L. 881, 84th Cong. (70 Stat. 857), as amended by Sec. 13(u), Pub. L. 85-857; (72 Stat. 1266); Sec. 5, Pub. L. 91-621 (84 Stat. 1863))
[29 FR 10396, July 25, 1964, as amended at 35 FR 18661, Dec. 9, 1970; 37 FR 6676, Apr. 1, 1972; 39 FR 34529, Sept. 26, 1974; 44 FR 22717, Apr. 17, 1979; 58 FR 25561, Apr. 27, 1993; 58 FR 27622, May 10, 1993; 60 FR 18355, Apr. 11, 1995; 70 FR 72220, Dec. 2, 2005; 73 FR 23356, Apr. 30, 2008; 91 FR 2713, Jan. 22, 2026]
Notes of Decisions
Mamerto D. Valiao v. Anthony J. Principi, 17 Vet. App. 229 (Vet. App. 2003).
· cites it 2× “§ 101 (5) and (14) and 38 C.F.R. § 3.5 (a) (2002). R. at 3-4. The Board reasoned that, because DIC awards are limited to parents, surviving spouses, and dependent children of a deceased veteran whose death was service connected, the appellant was ineligible to receive DIC due to…”
Vietnam Vets. of Am. v. Cent. Intelligence Agency, 288 F.R.D. 192 (N.D. Cal. 2012).
· cites it 2× “§ 5121 (a) and 38 C.F.R. § 3.5 (a), a deceased veteran’s spouse, children or dependent parents are entitled to receive benefits accrued by the veteran at the time of his death, such as disability benefits.”
Green v. Brown, 10 Vet. App. 111 (Vet. App. 1997).
· cites it 2× “§ 1310 ; 38 C.F.R. § 3.5 (a) (1995). Such a claim for DIC is generally treated as an original claim by the survivor, regardless of the status of adjudications concerning service-eonnected-disability claims brought by the veteran before his or her death.”
Hilkert v. West, 12 Vet. App. 145 (Vet. App. 1999).
“§ 1310 ; 38 C.F.R. § 3.5 (a) (1998). 7 When a *155 disease is first diagnosed after service but not within an applicable presumption period, service connection may nevertheless be established by evidence demonstrating that the disease was in fact “incurred” during the veteran’s…”
DeLaRosa v. Peake, 515 F.3d 1319 (Fed. Cir. 2008).
“” 38 C.F.R. § 3.5 (a)(1). Mrs. DeLaRosa contended that Mr.”
Lathan v. Brown, 7 Vet. App. 359 (Vet. App. 1995).
“§ 1310 ; 38 C.F.R. § 3.5 (a) (1994). A veteran’s death is due to a service-connected disability when evidence establishes that such disability was either the principal or a contributing cause of death.”
Owings v. Brown, 8 Vet. App. 17 (Vet. App. 1995).
“§ 1310 ; 38 C.F.R. § 3.5 (a) (1994). A veteran’s death is due to a service-connected disability when “such disability was either the principal or a contributory cause of death.”
Carpenter v. West, 11 Vet. App. 140 (Vet. App. 1998).
“§ 1310 ; 38 C.F.R. § 3.5 (a) (1997). Even if a service-connected condition did not cause or contribute to a veteran’s death, the surviving spouse is entitled to receive DIC benefits “as if the veteran’s death were service connected” if a veteran meets the requirements in 38 U.”
Mattern v. West, 12 Vet. App. 222 (Vet. App. 1999).
“§ 1310 ; 38 C.F.R. § 3.5 (1998). For such a death to be considered service connected, it must result from a disability incurred in or aggravated by active service in the line of duty.”
Gantt v. Principi, 16 Vet. App. 89 (Vet. App. 2002).
· cites it 3× “348, 352 (2001); 38 C.F.R. § 3.5 (a) (2001). A surviving spouse is also eligible for DIC where a veteran suffers an injury as the result of VA treatment and that injury results in the veteran’s death, as long as the death was not the result of willful misconduct by the veteran.”
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