The death of a spouse is a challenging and emotional time, compounded by concerns about financial stability. If your husband was receiving VA disability benefits, you might wonder whether you are entitled to continue receiving those benefits after his passing. At Coskrey Law, we understand the intricacies of VA benefits and are here to provide clarity on what you can expect.
Understanding VA Disability Benefits After a Veteran’s Death
The Department of Veterans Affairs (VA) offers several types of benefits to surviving spouses of veterans who were receiving disability compensation. However, it’s important to note that you do not automatically continue to receive your husband’s VA disability payments. Instead, you may be eligible for other benefits designed for surviving spouses and dependents.
Dependency and Indemnity Compensation (DIC)
The primary benefit available to surviving spouses is Dependency and Indemnity Compensation (DIC). DIC is a tax-free monetary benefit provided to eligible survivors of service members who died in the line of duty or veterans whose death resulted from a service-related injury or disease.
Eligibility for DIC:
- Service-Connected Death: Your husband’s death must be related to a service-connected disability. This includes deaths directly caused by a service-connected condition or one where a service-connected disability substantially contributed to the death.
- Marriage Requirements: You must have been married to the veteran for at least one year, or you must have had children together. If you were married for less than a year, additional criteria might apply.
- Surviving Spouse’s Status: You must not be remarried, although certain exceptions apply if you remarry after the age of 57.
How to Apply for DIC
Applying for DIC involves submitting VA Form 21-534EZ, “Application for Dependency and Indemnity Compensation, Death Pension, and/or Accrued Benefits,” along with supporting documents such as your marriage certificate and your husband’s death certificate.
Death Pension
In addition to DIC, the VA offers a Death Pension, a need-based benefit for low-income surviving spouses of wartime veterans. Unlike DIC, the Death Pension is not dependent on whether the veteran’s death was service-connected.
Eligibility for Death Pension:
- Wartime Service: Your husband must have served during a recognized wartime period.
- Income Limits: Your income must fall below certain limits set by Congress.
- Marriage Requirements: Similar to DIC, you must have been married to the veteran for at least one year or have had children together.
Accrued Benefits
Accrued benefits are payments that the VA owed to the veteran at the time of death but were not yet paid. As a surviving spouse, you may be entitled to these benefits. This typically involves filing a claim using VA Form 21-601, “Application for Accrued Amounts Due a Deceased Beneficiary.”
Burial Benefits
The VA provides certain burial benefits, including a burial allowance, plot allowance, and reimbursement for transportation costs. Additionally, your husband may be eligible for burial in a VA national cemetery.
Eligibility for Burial Benefits:
- Service Requirements: Generally, any veteran who was discharged under conditions other than dishonorable.
- Death-Related Allowance: A higher allowance may be available if the veteran’s death was service-connected.
Seek Professional Assistance
Navigating the VA benefits system can be complex and overwhelming, especially during a time of grief. Seeking assistance from professionals experienced in VA law, such as Coskrey Law, can ensure you receive the benefits you are entitled to and provide peace of mind during a difficult time.