### Section H. Elections Between DIC and Death Compensation Benefits

#### Overview

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| #          | > This section contains the following topics:           |
| #### In th |                                                         |
| is Section |                                                         |
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  Topic        Topic Name                                     See Page

  40           General Information on Elections Between DIC   3-H-2
               and Death Compensation                         
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#### 40. General Information on Elections Between DIC and Death Compensation 

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| ##### In   | > This topic contains general information on elections  |
| troduction | > between Dependency and Indemnity Compensation (DIC)   |
|            | > and death compensation. It includes information on    |
|            |                                                         |
|            | -   determining when beneficiaries in receipt of, or    |
|            |     entitled to receive, Death Compensation are allowed |
|            |     elect DIC                                           |
|            |                                                         |
|            | -   advising the beneficiary of entitlement to DIC      |
|            |                                                         |
|            | -   considering                                         |
|            |                                                         |
|            | ```{=html}                                              |
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|            | ```                                                     |
|            | -   the follow-up notices, and                          |
|            |                                                         |
|            | -   in-service waiver of insurance premium cases        |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   locating other information pertaining to elections  |
|            |     between DIC and death compensation, and             |
|            |                                                         |
|            | -   who to contact when an election is received.        |
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| ##### C    | > December 13, 2005                                     |
| hange Date |                                                         |
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| ###        | > A survivor may elect Dependency and Indemnity         |
| ## a. Dete | > Compensation (DIC) when death compensation is being   |
| rmining Wh | > paid (or is payable) by reason of the                 |
| en Recipie | > service-connected (SC) death of a veteran while       |
| nts of Dea | > National Service Life Insurance (NSLI) or United      |
| th Compens | > States Government Life Insurance (USGLI) was in force |
| ation May  | > under an in-service waiver of premiums in cases in    |
| Elect DIC  | > which the death occurred                              |
|            |                                                         |
|            | -   prior to January 1, 1957, or                        |
|            |                                                         |
|            | -   on, or after, May 1, 1957, and prior to January 1,  |
|            |     1972.                                               |
|            |                                                         |
|            | > ***Reference***: For more information on              |
|            |                                                         |
|            | -   NSLI or USGLI, see 38 U.S.C. 1924, and              |
|            |                                                         |
|            | -   DIC, see 38 CFR 3.702.                              |
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| #####      | > Advise a death compensation beneficiary or claimant,  |
|  b. Advisi | > who is also entitled to DIC, of the right to elect    |
| ng the Ben | > DIC.                                                  |
| eficiary o |                                                         |
| f Entitlem |                                                         |
| ent to DIC |                                                         |
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Continued on next page

40\. General Information on Elections Between DIC and Death
Compensation, Continued

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| ##### c.   | > Whenever it can be assumed that the beneficiary may   |
| Considerin | > not have fully understood (or received) the earlier   |
| g Follow-U | > communication, neither of the following prohibit the  |
| p Notices  | > furnishing of another notice:                         |
|            |                                                         |
|            | -   the failure of a beneficiary to reply to a previous |
|            |     notice of the right to elect DIC, or                |
|            |                                                         |
|            | -   a prior refusal to elect DIC.                       |
|            |                                                         |
|            | > ***Important***: VA is obligated to send follow-up    |
|            | > notice or reminder in cases routinely encountered in  |
|            | > which election of DIC was previously disadvantageous. |
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| #####      | > ***Situation***: Cases may be encountered in which    |
|  d. Consid | > the beneficiaries are receiving death compensation    |
| ering In-S | > because the veteran died on or after May 1, 1957, and |
| ervice Wai | > prior to January 1, 1972, with insurance in force by  |
| ver of Ins | > waiver of premiums under 38 U.S.C. 1924.              |
| urance Pre | >                                                       |
| mium Cases | > Pursuant to *Public Law (PL) 92-197*, effective       |
|            | > January 1, 1972, these beneficiaries have an          |
|            | > *unrestricted* right to elect DIC.                    |
|            | >                                                       |
|            | > ***Action***:                                         |
|            |                                                         |
|            | -   Provide notice to all affected death compensation   |
|            |     beneficiaries of their right to elect DIC.          |
|            |                                                         |
|            | -   If cases are encountered during routine handling,   |
|            |     in which the beneficiaries have not elected DIC,    |
|            |     furnish a reminder of the right of election and     |
|            |     take related actions as provided in this section.   |
|            |                                                         |
|            | > ***Notes***:                                          |
|            |                                                         |
|            | -   *PL 92-197* repealed 38 U.S.C. 417(a) that had      |
|            |     limited entitlement to death compensation under 38  |
|            |     CFR 3.5(b)(3) and 38 CFR 3.702(a).                  |
|            |                                                         |
|            | -   If election of DIC is received, the effective date  |
|            |     provisions of 38 CFR 3.114(a)(3) apply.             |
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Continued on next page

40\. General Information on Elections Between DIC and Death
Compensation, Continued

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| ####       | > To locate more information on elections pertaining to |
| # e. Locat |                                                         |
| ing Other  | -   Federal Employee compensation cases, see M21-1MR,   |
| Informatio |     Part III, Subpart v, 4.D (TBD) or M21-1, Part IV,   |
| n Pertaini |     Chapter 20.16-20 and 20.57-59, and                  |
| ng to Elec |                                                         |
| tions Betw | -   two-parent cases, see M21-1MR, Part III, Subpart v, |
| een DIC an |     4.F (TBD) or M21-1, Part IV, Chapter 20.60-64.      |
| d Death Co |                                                         |
| mpensation |                                                         |
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| ##         | > If an election between DIC and death compensation is  |
| ### f. Who | > received, contact Compensation and Pension Service at |
|  to Contac | > VAVBAWAS/CO/212A to obtain procedural information.    |
| t When an  |                                                         |
| Election i |                                                         |
| s Received |                                                         |
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