HR2055-119

What This Bill Does

The Caring for Survivors Act raises and broadens Dependency and Indemnity Compensation for surviving spouses. It replaces the fixed title 38 section 1311(a) base amount with a benefit equal to 55 percent of the section 1114(j) 100-percent disability compensation rate, starting six months after enactment, and protects pre-1993 survivor beneficiaries by paying the greater of their existing calculation or the new rate. It also changes section 1318 eligibility for survivors of certain veterans who were totally disabled at death: the required continuous total-disability rating before death falls from 10 years to five years. If the veteran was rated totally disabled for at least five but less than 10 years, the survivor receives a prorated benefit tied to the duration of that rating relative to 10 years.

Who Benefits and How

Surviving spouses receiving DIC benefit because the base benefit is tied to 55 percent of the 100-percent disability rate rather than the old fixed dollar amount. Survivors of totally disabled veterans benefit because a five-year total-disability rating can qualify for section 1318 DIC. Pre-1993 DIC beneficiaries benefit from a hold-harmless rule that preserves the better of the old or new calculation. Veterans service organizations benefit from a concrete survivor-benefit expansion they can explain to affected families.

Who Bears the Burden and How

The Department of Veterans Affairs must recalculate DIC awards, apply hold-harmless rules, and administer prorated section 1318 payments. VA claims processors must verify continuous total-disability rating periods and calculate five-to-10-year proration. Federal taxpayers bear the cost of higher and newly eligible survivor payments. Survivors must document qualifying veteran disability ratings and death-related eligibility to receive expanded benefits.

Key Provisions

• Increases surviving-spouse DIC to 55 percent of the 100-percent disability compensation rate.
• Provides a six-month implementation period and protects certain pre-1993 beneficiaries with a greater-of rule.
• Amends section 1318 so five years of continuous total disability can qualify survivors for DIC.
• Creates prorated payments when the veteran was rated totally disabled for at least five but less than 10 years.