DIC eligibility comes down to two things: the veteran's death and your marriage. Here's how the VA evaluates both.
The Service-Connected Death Requirement
The foundation of DIC eligibility is the cause of the veteran's death. You generally qualify if the veteran died from a VA service-connected condition, OR a condition shown by medical evidence to have caused or substantially contributed to death, OR the veteran was rated totally disabled (100% schedular or TDIU) and permanent for at least 10 continuous years immediately before death, regardless of the cause. Shorter total-disability periods can also qualify in specific situations, such as 8 years for an added rate (Source: VA.gov). Determining whether a death is service-connected can be complex; call 1-800-MEDIGAP and we'll help you understand the path that fits.
The Marriage Requirements
To be a qualifying surviving spouse, you generally must meet one of these: you married the veteran within 15 years of the discharge during which the qualifying illness or injury began or worsened; you were married for at least one year; or you had a child with the veteran. You must also have lived continuously with the veteran until death (with limited exceptions, such as separations not your fault) (Source: VA.gov). These rules have nuances and exceptions. If your marriage doesn't fit neatly into one category, don't assume you're ineligible: call 1-800-MEDIGAP to talk it through.
How Remarriage Affects Eligibility
Remarriage can change DIC eligibility. You may keep or restore DIC if you remarried on or after January 5, 2021 at age 55 or older, or on or after December 16, 2003 at age 57 or older. Remarriage before the applicable age generally suspends DIC, but if that later marriage ends by death, divorce, or annulment, you can apply to have DIC reinstated (Source: VA.gov). The dates and ages matter, and getting them wrong can cost you thousands. 1-800-MEDIGAP can help you understand exactly where you stand.