What is the DIC 10-year rule?
Last verified September 6, 2026 · Reviewed by Esteban Magallon, VA-Accredited Claims Agent
Details
- Path 1: the veteran was rated totally disabling by VA for a continuous period of at least 10 years immediately preceding death.
- Path 2: the veteran was rated totally disabling continuously since release from active duty, and for at least 5 years immediately preceding death.
- Path 3: the veteran was a former prisoner of war and was rated totally disabling for a continuous period of at least 1 year immediately preceding death.
- 'Rated totally disabling' includes a 100% schedular rating or a total disability rating based on individual unemployability (TDIU) under 38 CFR § 4.16.
- The surviving spouse generally must also have been married to the veteran for at least 1 year before death, or have had a child with the veteran, per 38 CFR § 3.22(d).
- Because there are three separate paths, a survivor should not assume a claim fails just because the veteran was rated for fewer than 10 years.
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This is general educational information about VA claims — not legal or medical advice. Individual outcomes depend on the record. Oakridge Claims is a private VA-Accredited Claims Agent practice and is not affiliated with the U.S. Department of Veterans Affairs.