What you need to know about Survivors Benefits under the PACT Act
Dependency and Indemnity Compensation (DIC), one of the primary monetary benefits available to survivors, may be awarded to an eligible surviving family member when a veteran’s death resulted from his or her active duty military service, or service connected disabilities.
Unfortunately, sometimes these associations can be difficult to prove, and have historically been very complicated, particularly where burn pit exposure and related cancers or other serious illnesses are involved.
Recently, Congress and VA have implemented expansive legislation, known as the Honoring our PACT Act (or PACT Act), acknowledging that numerous serious health conditions and cancers are related to a veteran’s hazardous service, including exposure to burn pits for Gulf War veterans.
The PACT Act also requires re-adjudication of previously denied claims for DIC benefits, ensuring that this legislation would be equally supportive to the survivors of those men and women that have died due to their military service.
If VA re-adjudicates your previously denied DIC claim under the provisions of the PACT Act, you may be entitled to substantial retroactive benefits.
How do you know if this rule applies to you? Here are 2 things that must be true in order to be eligible for retroactive DIC benefits:
1. Your DIC claim must have been denied in the past
Under the new rule, VA can only re-adjudicate a previously denied claim. If you’re not sure whether you’ve applied in the past, you can call the VA at 1-800-827-1000 to find out if, and when, VA last denied your claim for DIC.
2. The veteran’s cause of death must be related to a presumptive condition established under the PACT Act.
For Gulf War Veterans that were exposed to burn pits, these conditions include numerous cancers (brain, gastrointestinal, kidney, pancreatic, reproductive, respiratory cancers and others), as well as serious respiratory conditions (asthma, chronic bronchitis, COPD, pulmonary fibrosis, and others). To learn more about Gulf War and conditions which were presumptively granted under the PACT Act, click here.
For Vietnam Veterans that were exposed to herbicides, including Agent Orange, these conditions include high blood pressure and monoclonal gammopathy of undetermined significance (MGUS).
If those two conditions apply to you, you must re-apply for benefits in order to have your claim re-adjudicated by the VA. If your claim is granted, VA must consider an earlier effective date based on your original claim, which could result in substantial retroactive benefits due to you.
Let’s look at an example of how a retroactive effective date might benefit a typical claimant:
A Gulf War Veteran served in Iraq after September 11, 2001, and passed away in March 2015 due to pancreatic cancer. Following the Veteran’s death, the surviving spouse filed a claim for DIC benefits in December 2015. VA denied the survivor’s claim in June 2016 as VA was unable to relate the Veteran’s pancreatic cancer to their active duty military service.
If the surviving spouse re-applies for DIC in January 2024 under the PACT Act, the survivor would be entitled to DIC benefits because pancreatic cancer is now recognized as presumptively related to the veteran’s exposure to burn pits in Iraq.
The general rules regarding effective dates for benefits would suggest an effective date of January 2024, the date of the most recent claim. However, the PACT Act requires that VA consider the original date of claim, and award an effective date based on the original date of claim. In our example, the original date of claim is December 2015. Further, as the survivor in our example filed the initial DIC claim within one year of the Veteran’s passing, VA regulations require an effective date of March 2015.
Thus, in this scenario – the survivor, upon the re-adjudication of the original DIC claim, would be entitled to an effective date of March 2015 and approximately 8 years of retroactive compensation.
Have Questions? Need Further Help?
If you were denied DIC benefits in the past and would like assistance in refiling your claim to ensure that you receive the maximum benefits owed to you, contact us!