Tampa, Florida – The U.S. The Department of Veterans Affairs (VA) released a regulatory change on February 23rd that seeks to shorten the time surviving family members wait for financial support after the death of a veteran or current service member. The VA reports that the agency can now prioritize benefits that provide the greater payment when reviewing survivors claims.

The change impacts Dependency and Indemnity Compensation and Survivors Pension. Historically, VA issued separate decisions for each benefit. However, that approach often delayed payment because a review of both benefits was required before any finalization. The change should allow the agency to prioritize higher benefits first.

VA Secretary Doug Collins stated that the regulatory change has many benefits. He elaborated that some of the benefits include reduced administrative burden and a quicker turnaround.

​Understanding the Survivors Benefits Affected by the Regulation

Dependency and Indemnity Compensation, often referred to as DIC, provides a tax-free monthly payment to eligible surviving spouses, children, and parents of service members who died during active duty or from service-connected conditions. Survivors Pension offers financial assistance to certain surviving spouses and unmarried dependent children of wartime veterans who meet income and asset requirements. The program also provides tax-free payments.

Before the regulatory change, the VA usually evaluated both benefits fully before issuing a final decision. That procedure sometimes extended the timeline for families awaiting support.

The new regulation directs the VA to prioritize the benefit that produces the larger payment for the claimant. In most situations, that benefit is Dependency and Indemnity Compensation.

​When Survivors Pension May Still Apply

​Although DIC often provides the higher payment, certain circumstances lead the VA to award Survivors Pension instead. Those situations involve specific financial and living conditions.

The agency has identified several instances in which Survivors Pension may become the primary benefit.

• The surviving spouse has no dependent children;
• The surviving spouse resides in a nursing facility; and
• Medicaid covers the spouse’s nursing care costs.

Under those conditions, Survivors Pension may provide greater financial support. When that occurs, the VA may issue a decision on that benefit without continuing development of the DIC claim. This approach allows the agency to deliver financial assistance more quickly when a pension produces a larger payment.

​An Attorney Can Help Families Understand Their Options

While a faster decision-making process may reduce delays, survivors still face complex, bureaucratic systems. In response to the change, Florida Veterans Disability Attorney David W. Magann explained that legal representation is crucial during the claims process. While many service organizations assist veterans and their families with benefits claims, those groups are not always staffed by attorneys. An attorney can offer legal guidance that goes beyond general claims help, including analysis of eligibility issues, review of supporting evidence, and advice when a case involves disputed facts, denied benefits, or appeal rights.

Magann explained that the new regulation may help shorten delays, but families can still face legal and procedural questions when seeking survivors’ benefits. He noted that attorney guidance can be especially important when a claim turns on service connection, documentation problems, or the interaction between different forms of benefits.

For more information or to request a consultation, contact the Law Office of David W. Magann in Tampa, FL.