DIC is a tax-free monthly benefit for eligible surviving spouses, children and parents of service members who died in the line of duty or Veterans whose death resulted from a service‑connected injury or disease. Surviving spouse eligibility requires (1) living with the Veteran until death (or being legally separated through no fault of the spouse) and (2) meeting a marriage/timing rule (married at least 1 year, married within 15 years of discharge, or having a child with the Veteran). Children and parents have separate age, dependency and income rules. Evidence like service records and medical records must show the Veteran’s death was in the line of duty or due to a service‑connected condition, or that the Veteran was rated totally disabling under the specified timeframes.
Survivors Pension is a needs‑based, tax‑free monthly payment for low‑income surviving spouses and unmarried dependent children of wartime Veterans; eligibility depends on the Veteran’s wartime service, the survivor’s income and net worth limits, and not having remarried. DIC is entitlement‑based tied to death in the line of duty or service‑connected death (or qualifying total disability status) and generally pays higher flat rates with possible increases for dependents. Pension payments are reduced by countable income (income‑based means test); DIC is not means‑tested.
The VA press release and the Federal Register rule are effective Feb. 23, 2026; VA says it will pay the higher of DIC or Survivors Pension under the new rule. The press release does not explicitly state whether the rule is retroactive to pending claims or whether retroactive payments will be issued; the Federal Register rule text should be consulted for applicability to pending claims and retroactivity. (Not answerable from the press release alone.)
VA will compare entitlement to both benefits and pay the higher amount — generally DIC — without completing separate formal decisions for each. The press release implies VA will perform an internal comparison and pay the higher benefit rather than require claimants to submit extra filings; it does not list new documentation requirements beyond existing evidence for DIC or pension. Claimants should submit the usual evidence for both benefits when applying; VA can develop necessary records.
To show nursing home residency, provide documentation such as facility admission papers, a nursing‑home bill or a letter from the facility on letterhead confirming residency and dates. To show Medicaid application/receipt, provide Medicaid approval/award letters, application confirmation, or correspondence from the state Medicaid agency. Also submit standard proof of identity and relation (marriage certificate, death certificate) as required for survivors’ claims. If unsure, contact VA at 800‑827‑1000.
If you disagree, you can appeal under the VA appeals system (AMA): options include a Higher‑Level Review, a Supplemental Claim with new evidence, or an appeal to the Board of Veterans’ Appeals (Direct Review, Evidence Submission, or Hearing lanes). Timeframes vary: Higher‑Level Review and Supplemental Claim decisions take months depending on workload; Board appeals can take longer (often many months to years). File notices or forms promptly after the decision and see VA’s appeals pages or call 800‑827‑1000 for case‑specific timelines.