Do Spouses Of 100 Disabled Veterans Get Benefits After Death

A Lawyer Can Help You Determine What Benefits Veteran Spouses Get

If you are the spouse of a 100% disabled vet, it is vital to understand the benefits you can get from VA. You should also confirm what you may be eligible for if your partner is deceased or was in active service during a specific period.

A disability attorney can help you determine eligibility for various VA benefits. They may also guide you in filing a decision review process or seeking retroactive benefits. Call today for answers to your questions.

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Surviving Military Spouses Can Sometimes Receive Veterans Disability Compensation

Surviving military spouses can sometimes receive veterans disability compensation. This benefit is called Dependency and Indemnity Compensation , and it is paid on a monthly basis. DIC is available to a surviving military spouse and his or her dependent children. In some cases, a dependent parent may also be eligible for DIC.

Were There When You Get Married

Whether youre celebrating your anniversary or starting a new chapter alone or with a new spouse, a part of that new life may include a new name. If you legally change your name due to marriage, divorce, or any other reason, let us know so you can get an updated Social Security card and so we can accurately keep track of your earnings. Theres no charge for a.

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Do I Get My Husbands Va Healthcare If He Dies

Surviving family members may be eligible for comprehensive health care coverage through the Civilian Health and Medical Program of the Department of Veterans Affairs . This program helps cover medical supplies and services for surviving spouses and dependent children who dont qualify for coverage under TRICARE.

According to the VA, surviving spouses and dependent children must meet the following requirements to qualify for health care benefits:

• Be the spouse or child of a veteran who has been rated permanently or totally disabled for a service-connected disability, or
• Be the surviving spouse or child or a veteran who died from a VA-related service-connected disability, or
• Be the surviving spouse or child of a veteran who was at the time of death rated permanently and totally disabled from a service-connected disability, or
• Be the surviving spouse or child of a service member who died in the line of duty, not due to misconduct. Though, family members who meet the last requirement generally qualify for TRICARE.

Do I Get My Husbands Va Disability If He Dies

Veterans disability compensation is not the same benefit as DIC. After a veteran has died, the veterans benefits are not continued for the surviving spouse to collect. A surviving spouse should apply for DIC benefits if the veterans death was caused by their already-service connected disability if they meet the above criteria. If the veteran died due to a service-connected disability or died in the e of duty, then the process of claiming DIC benefits should be simple.

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Dic Payments To Surviving Spouse

Surviving spouses of veterans who died after January 1, 1993, receive $861 a month. An additional $187 a month is added to the basic rate if the deceased veteran had been entitled to receive 100% service-connected compensation for at least 8 years immediately preceding death and the surviving spouse was married to the veteran for those years. For a spouse entitled to DIC based on the veteran’s death prior to January 1, 1993, the amount paid is based on the veteran’s pay grade while in the service.

Years Totally Disabled: Additional Compensation

If your veteran spouse was rated totally disabled for eight continuous years immediately before death and you were married to the veteran during those eight years, you may be eligible for additional compensation per month. The veteran may have been totally disabled due to one disability rated 100 percent, multiple disabilities that combined to 100 percent, or TDIU.

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How To Apply For Dependency And Indemnity Compensation

Surviving dependents can apply for VA DIC benefits online using VAs website or print and submit Form 21-534 to VA.

In this instance, be sure to include supporting documentation proving you meet the criteria for DIC, such as the veterans death certificate to indicate cause of death, a marriage certificate, any prior divorce decrees, birth certificates, and school transcripts. Submitting this evidence with the initial application for DIC can help speed up the adjudication process.

When filing Form 21-534, you will find that there is a specific question regarding whether you are seeking service connection for the cause of death. If the veteran did not pass away from a service-connected condition, you will want to make sure that you answer this question appropriately.

If your spouse was killed on active duty or while conducting a training exercise, VA will assign a Casualty Assistance Officer to file for surviving spouse benefits on your behalf.

Dependency And Indemnity Compensation Benefits After Remarriage

If the surviving spouse remarries, VA will generally discontinue DIC benefits. However, there are some exceptions. If the surviving spouse remarries and that marriage ends in a death, divorce, or annulment then DIC benefits can be restored from the date of termination of that marriage.

Another instance where DIC benefits could be continued after a remarriage is if the surviving spouse remarries after the age of 57. In this case, the new marriage should not have an impact on DIC benefits, and the benefits will continue moving forward.

Importantly, if the surviving spouse remarries before reaching the age of 57, DIC benefits will not continue. They will also not be reinstated when the surviving spouse does reach the age of 57.

To summarize, DIC benefits can continue or be restored with remarriage in the following instances:

• DIC can be restored if the remarriage ended in death, divorce, or annulment or,
• A surviving spouse can continue to receive DIC if they remarried on or after reaching age 57 and on or after December 16, 2003.

Note: Unfortunately, if you are the surviving spouse of a veteran who died on or after reaching age 57, but before December 16, 2003, VA requires that you must have re-applied for DIC between December 16, 2003 and December 15, 2004 to have DIC benefits restored.

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We Are With Those Who Need A Helping Hand

The Supplemental Security Income program is a program that provides income support to people with disabilities, people age 65 or older, or blind, who have low income and resources. U.S. Treasury general funds, not the Social Security trust funds, pay for SSI.

If you or someone you know may be eligible for SSI, visit to learn more and apply.

Dependents Indemnity Compensation Benefits

Dependency and indemnity compensation benefits are for survivors of service members who were killed on active duty and for survivors of veterans who died from service-connected disabilities or had a 100% disability rating for a period of time before death.

If your veteran spouse passed away while his or her claim for disability compensation benefits was pending, and the claim is approved, you may be entitled to the accrued disability benefits that are due to your deceased veteran . But you won’t receive ongoing disability compensation payments instead you may be eligible for dependents indemnity compensation benefits.

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Dependency And Indemnity Compensation

Dependency and Indemnity Compensation, or DIC for short, is a monthly benefit that can be paid to survivors of vets who were killed on active duty and for survivors of veterans who died from service-connected disabilities or had a 100 percent disability rating for a period of time before death. This benefit is also tax-free.

Presumptive Service Connection For Cause Of Death

If the veterans cause of death was a presumptive condition and evidence shows the veteran meets the particular presumptive criteria, VA should grant service connection without further investigation. Presumptive conditions are also another way that a spouse or dependent may establish entitlement to DIC benefits for conditions that were not service connected at the time of death. An example of this is Agent Orange exposure in Vietnam.

Agent Orange exposure can lead to multiple presumptive conditions. VA updates its presumptive list periodically, which means that a condition that caused the veterans death has the potential to become a presumptive condition in the future. If this is the case, the surviving spouse or dependent child can file for DIC benefits after the fact.

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Create A Plan Together

Last but not least, work together to create a plan. Now that you know how much compensation comes with these benefits, you can plan for the future. Do some math to budget just how much your spouse needs for monthly expenses. How will these benefits fit into their financial needs and goals? What dependents need care?

We Wouldnt Miss Your Retirement Party

When most people think of Social Security, they think of retirement benefits with good reason. But we are more than retirement benefits we offer many online tools to help you plan for your future.

to verify your earnings and see an estimate of future benefits throughout your career and into retirement.

With a mySocial Security account, you can estimate your future benefits at different ages when you may want to start receiving benefits.

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Monthly Va Dependent Benefits

While the disabled veteran is still living, the VA increases the compensation available to veterans with more than a disability rating of at least 30% if they have a spouse and/or dependents .

Upon the veterans death, the parents, spouse and children may become eligible in their own right for Dependency Indemnity Compensation. Detailed information for Spouse and Child Dependency Indemnity Compensation can be found here, and Parents Dependency Indemnity Compensation here.

Surviving Spouse With Or Without Dependent Children

To find your monthly payment, click on your Veterans pay grade category. Find their specific pay grade in the left column of the Monthly payment rates table, and the matching monthly payment to the right.

Then, go down to the Added or increased amounts table. Add any added or increased amounts that apply to you based on the Veterans disability rating and whether you have dependent children under 18.

Monthly payment rates

Effective December 1, 2021

Note: If youre the surviving spouse of an aviation cadet or other service member not covered by this table, youll receive the DIC rate for enlisted E-3.

Example of how to calculate your DIC payment

If youre the surviving spouse of a Veteran whose pay grade was E-3, your monthly rate would start at $1,437.66.

Then for each additional benefit you qualify for, you would add or adjust your monthly rate using the Added or increased amounts table.

In this example: We show the total monthly payment for someone with the E-3 monthly rate who qualifies for the 8-year provision and has 2 children under 18.

$1,437.66 + $305.28 + $356.16 + $356.16 = $2,455.26 total monthly payment

$1,742.94 + $356.16 + $356.16 = $2,455.26 total monthly payment

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Can I Receive Sbp Or Rcsbp Payments And Dic At The Same Time

In most cases, you cant receive a full SBP or RCSBP payment and a full DIC payment at the same time. The exception is if you’re receiving an SBP or RCSBP annuity from one spouse, then you remarry after age 55 and become eligible for DIC based on the service-connected disability of your new spouse. In this case you can receive full benefits through both programs at the same time.

If the exception doesn’t apply to you, the DFAS will reduce your SBP or RCSBP payment by one-third of your DIC payment through the end of this year. If your DIC payment is greater than your total SBP or RCSBP payment, the DFAS will stop your SBP or RCSBP payments. This is called the SBP/DIC offset.

What Benefits Are You Eligible For As A Spouse Of A Disabled Veteran

It may seem daunting to try and understand all the benefits you may be eligible for as the spouse of a disabled veteran. There are many things you may be eligible for including health insurance, federal or state job hiring preference, commissary and exchange privileges, and more. While no list can cover all the benefits you are entitled to, this page will help you to know what you are entitled to, and how to get the benefits you deserve.

As a spouse of a disabled veteran you may be eligible for:

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Information For Survivors With Pact Act

If you think youre eligible for VA DIC under the PACT Act, you can submit a new application.

If we denied your claim in the past and we think you may be eligible now, well try to contact you. We may be able to reevaluate your claim. But you dont need to wait for us to contact you before you reapply.

Education For Spouse And Children

Survivors & Dependents Educational Assistance is an education benefit that can provide up to 36 months of full-time or equivalent benefits to the spouse and children of most 100% service connected disabled veterans for:

• College, Business, Technical or Vocational Courses
• High School Diploma or GED
• Independent Study or Distance Learning courses
• Correspondence Courses
• Apprenticeship/On-the-Job Training
• Remedial, Deficiency, and Refresher Training
• The cost of tests for licenses or certifications needed to get, keep, or advance in a job

Spouses have up to 10 years from the date the VA determines that the spouse is eligible for VA Dependent Benefits. Children may use the benefit between the ages of 18 and 26.

Detailed information about DEA can be found here.

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Survivors & Dependents Education Benefits

Based on the veterans length and degree of service-related disability, or other qualifying factors for service members, educational benefits may be available to dependents and spouses who have not remarried.

Dependents must be between the ages of 18 and 26 to receive education benefits, though extensions may be granted.

Surviving Spouses And Children Of Deceased Military Service Members And Veterans Can Get Dic Or Death Pension Benefits

There are certain cash benefits that are available to survivors of deceased active duty members and deceased veterans. Some of these programs are for low-income families only, and others are based on the veteran’s service-connected disabilities . These cash benefits for survivors include dependents indemnity compensation , accrued disability compensation benefits, and death pension. .)

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Can My Spouse Get Compensation Based On Presumptive Conditions

Sometimes, VA can assign a disability rating due to a presumed condition. For example, if you have a health issue triggered by exposure to Agent Orange, VA may accept your claim and provide benefits based on your rating.

If your health condition worsens, leading to death, your spouse can claim compensation from VA. However, you must meet specific requirements, like being in active service when the military used such chemicals.

How To Receive The Benefits As A Spouse

When your husband or wife is rated a 100% disability rating by the VA, sometimes, the VA disability compensation benefits will automatically include you. However, this is not the case in some situations, such as an income limit or net worth limit. The VA may only give you benefits once your application has been approved.

This process can take a while, given the time it takes to go over everything to make sure that you qualify. When approaching large applications like this, it is always best to have a team at your side.

When people go about this process alone, it can be challenging to know all the requirements for a particular application. It should not be as complicated as it is, but with our help at Berry Law, we can help you receive the benefits you deserve.

We will ensure that you provide all of the necessary information that the VA requires and guarantee that you get it in on time.

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Can Your Spouse Claim Your Va Pension If You Die

Your spouse might get a VA pension if you die having a disability caused by military service. However, they must meet specific eligibility criteria provided by Congress. These mainly consider your income level and net worth. If your spouse meets the requirements, they could claim the pension if they have not remarried.

When applying for survivors pension benefits, your partner can work with an accredited representative. They may also send their application to VA online or via mail. Once the Department of Veterans Affairs analyzes the documents, it provides feedback indicating if the spouse qualifies. It will also mention when to expect the payment.

Another way your spouse can request your pension is by submitting an intent to file a VA claim. This step will give your spouse enough time to collect the needed evidence. Additionally, it increases the chances of getting retroactive payments.

Will I Get My Husbands Va Disability If He Dies

If youre the surviving spouse, child, or parent of a service member who died in the line of duty, or the survivor of a Veteran who died from a service-related injury or illness, you may be able to get a tax-free monetary benefit called VA Dependency and Indemnity Compensation .

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