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Losing a loved one is incredibly difficult, and dealing with the financial aspects that follow can be overwhelming. If you were married to a veteran, you may be eligible for benefits from the Department of Veterans Affairs (VA) to help ease the financial burden.
Types of VA Death Benefits for Spouses
Survivors may be entitled to several types of VA death benefits, including Dependency and Indemnity Compensation (DIC), Survivors Pension, and burial benefits. The eligibility criteria for VA death benefits for surviving spouses can vary depending on the specific benefit.
Generally, to be eligible, the surviving spouse and veteran must have been married at the time of their death, and the veteran must have met certain length-of-service requirements, including serving during a period of war.
Dependency and Indemnity Compensation (DIC)
DIC is a tax-free monetary benefit paid to eligible surviving spouses of veterans who died as a result of a service-connected injury, disease, or disability. To be eligible for DIC, the surviving spouse and veteran must have been married at the time of their death and meet certain income and net worth limitations.
Additionally, the surviving spouse generally must have been married to the veteran for at least one year. However, there are exceptions for certain circumstances, such as if a child was born of the marriage.
VA Month of Death Payment
The VA month of death payment is a lump sum payment made to the surviving spouse. It is equal to two months of the veteran’s monthly benefits, up to a maximum of $1,195. This payment is usually issued automatically to the surviving spouse or dependents upon the veteran’s death. It provides immediate financial support during a difficult time and helps cover the costs associated with a funeral or burial.
Survivors Pension
Survivors Pension (also known as the Death Pension, Widows Pension, and Improved Death Pension) is a needs-based benefit available to low-income surviving spouses. To be eligible for this pension, the deceased veteran must have served during a period of war, although they do not have to have served in combat.
Additionally, the surviving spouse must meet specific income and asset requirements and the length-of-marriage requirement. The surviving spouse must not have remarried to receive a Survivors Pension. Payment amounts are based on the difference between the Maximum Annual Pension Rate (MAPR) set by Congress and your “countable income.” The Survivors Pension amount differs from DIC benefits as it is not based on the veteran’s disability rating.
VA Burial Benefits
Burial benefits provided by the VA include a burial plot in a national cemetery, a government-furnished marker or headstone, and a Presidential Memorial Certificate. To qualify for burial benefits, the veteran must have been discharged under conditions other than dishonorable, and the surviving spouse and veteran must have been married at the time of their death. In some cases, there may also be eligibility requirements related to the length-of-marriage.
VA Death Benefits and Remarriage
It is important to note that other factors, such as remarriage, may also affect VA death benefits eligibility. Sometimes, a surviving spouse may lose eligibility for certain benefits if they remarry before reaching a certain age, such as 57. However, if the subsequent marriage ends through death, divorce, or annulment, the surviving spouse may regain eligibility for the benefits.
How Much in VA DIC Benefits Does a Surviving Spouse Receive?
The dollar amount of VA DIC benefits can vary depending on various factors, including the number of dependent children the veteran had at the time of their passing. DIC benefits are awarded at a basic monthly rate, which increases with the number of dependents and is adjusted annually to keep up with the cost of living changes. For 2024, monthly payment rates for a surviving spouse of a veteran start at $1,612.75.
The VA considers the level of disability the veteran had at the time of their death. If the veteran was 100% disabled for at least ten years before their passing, the surviving spouse is entitled to receive the DIC without showing service connection to the cause of death. This means that the surviving spouse will receive the DIC monthly payment as a tax-free benefit.
However, if the veteran was not 100% disabled for at least ten years prior to their passing, the surviving spouse would have to prove service connection for the cause of death.
It is important to note that surviving spouses are not automatically entitled to receive DIC benefits after the veteran’s death. However, they may be eligible for other benefits, such as Survivors’ and Dependents’ Education Assistance (DEA) or transferred education benefits.
How Does a Veteran’s Date of Death Apply to DIC Benefits? Our VA Disability Lawyer Explains
The amount of DIC payment received may be determined by the veteran’s date of death. If the veteran passed away before January 1, 1993, the surviving spouse is entitled to a fixed monthly payment.
How to Apply for VA Death Benefits
To apply for VA death benefits for surviving spouses, the surviving spouse must submit an application to the VA. The surviving spouse can submit a completed VA Form 21P-534EZ – Application for DIC, Death Pension, and/or Accrued Benefits. Along with the application form, the VA may require additional supporting documentation, such as a copy of the veteran’s death certificate and marriage certificate.
Generally, a surviving spouse has two years from the veteran’s date of death to apply for DIC benefits. However, there are exceptions to this rule in certain cases, such as if there is a clear and unmistakable error in a prior decision.
In addition to financial benefits, the VA provides a range of programs and support services for surviving spouses of veterans. These resources include educational benefits, housing benefits, and counseling services.
The application process for VA DIC and other survivor benefits can be complex. It is recommended to seek assistance from an experienced VA disability lawyer to ensure you meet the eligibility criteria and provide all the necessary documentation.