VA Benefits for Widows and Surviving Spouses: What You Need to Know
Veterans sacrifice so much for the country. Spouses do as well. That is one of the reasons that VA benefits are applicable for widows and surviving spouses. In situations where your loved one has lost their life, and you are unsure where you stand or what your rights are, turn to a local attorney.
At The VA Claims Lawyer, we provide our clients with the one-on-one support they need to get the care and financial compensation they are owed. We would be happy to provide a free case review.
What VA Benefits Are Available to Surviving Spouses?
Surviving spouses may be eligible for several types of benefits. VA benefits for widows can seem confusing, as there are several variations to them. The survivor of a veteran may be eligible for Survivors Pension and Dependency and Indemnity Compensation (DIC). In some situations, such as when a survivor needs help at home, VA Aid and Attendance or Housebound benefits may be available to you as well, as noted by the U.S. Department of Veterans Affairs. Consider the following:
Dependency and Indemnity Compensation: DIC is a monthly, tax-free benefit paid to eligible survivors of service members or Veterans who died in a service-connected condition. It may be applied to the surviving spouse, child, or parent of a Veteran.
Survivors Pension: Sometimes called a Death Pension, this is an income-based benefit for low-income surviving spouses of wartime Veterans.
Aid and Attendance: A&A is additional financial assistance for spouses who require help with daily living, including those who are struggling with their own limitations.
CHAMPVA Health Care: In those situations where the surviving spouse cannot maintain TRICARE for health insurance, they may be eligible for the alternative CHAMPVA Health Care.
Surviving spouse VA benefits are not always immediately applied to your compensation. You will need to demonstrate that you qualify based on various factors.
Eligibility Requirements for VA Survivor Benefits
Eligibility for benefits is typically dependent on who you are and your relationship. This includes being legally married to the Veteran. In some states, common-law marriage may apply. If you were married, you may be able to receive DIC.
Additionally, the Veteran’s service must meet specific requirements. The Veteran must have been on active duty at the time of the death or honorably discharged. To receive DIC benefits, the death must be service-connected or related to a service-connected condition.
To be eligible to receive VA Survivors Pension, your Veteran must have served at least 90 days of active duty with at least one day during a wartime period. There are income limitations under this benefit program. These veteran death benefits for spouses are applicable if the survivor’s countable income and net worth fall within the limits set by Congress for that year.
How to Apply for Survivor Benefits
It may seem that obtaining survivor benefits is a straightforward process. However, it requires careful application of the rules and following detailed instructions to ensure the VA has all of the necessary information to make an appropriate decision.
First, there are documentation requirements, including:
Marriage certificate showing a legally recognized marriage in the state
A death certificate
Veteran’s discharge papers (DD214) if applicable
Medical records demonstrating the individual’s cause of death
Asset and income documentation for VA Survivors’ Benefits
The process for applying is done in one of several ways. The most effective way is to apply for benefits through the VA.gov/disability website.
Alternatively, you can submit a paper application. To do so, download VA Form 21-526EZ, called “Application for Disability Compensation and Related Compensation Benefits”. You can then complete it and mail it to:
U.S. Department of Veterans Affairs
Claims Intake Center
Janesville, WI 53547-4444
You can also download and complete that form and fax it to (844) 531-7818 in the U.S. or (248) 524-4260 if you are outside of the U.S.
You can also visit a local regional office for help with the process. In addition, you can also turn to a VA claims benefits attorney like our team. By working with an attorney, you may be able to minimize complications and limitations to the claims process, increasing your ability to receive the benefits owed to you.
Common Mistakes and Delays in VA Claims
In the ideal situation, all information is submitted, the VA reviews it, and the benefits are awarded to you. However, that does not always happen. Mistakes are not uncommon, and as a result, they can impact your ability to obtain the funds you deserve. This may include:
Missing documents necessary to substantiate your claim
Documents that are invalid, expired, or otherwise incorrect
Failure to prove service connection to obtain compensation
Not applying for all benefits you may qualify for
It is not uncommon for these errors to happen because of the complexity of language, qualifications, and document requirements. Yet, if you are owed VA benefits as a widow, you should receive them in the most efficient manner possible.
Why Work with a Veterans Benefits Attorney
As demonstrated, you can complete the requirements listed here and submit your application directly. Doing so is your right, but there are several big reasons why working with a VA benefits attorney could prove critical.
That includes:
Ensuring all paperwork is completed properly without a typo that could disqualify you
Strict eligibility rules that often lead to denials or delays
Gathering evidence to overcome denials
Aid in navigating the appeals process to ensure you receive the full benefits you are entitled to
Providing you with peace of mind as you navigate this legal process
If you believe you qualify for veteran death benefits for a spouse, take the time to discuss your case with a VA claims attorney.
Turn to The VA Claims Lawyer for Help with VA Benefits for Widows and Surviving Spouses
At The VA Claims Lawyer, we work with Veterans and spouses to help them navigate the complexities of their benefits. Lawyer Al Giordano is your advocate. We serve clients in all 50 states and can help you. For a free case review, call (877) VET-FILE or (850) 542-7985 for help.
FAQs About VA Benefits for Widows and Surviving Spouses
How much is the VA surviving spouse pension?
Various factors play a role in the value, such as the disability of the veteran, pay grade, and whether there are dependent children. The basic monthly DIC payment for a surviving spouse is $1653.07.
Do I get my husband’s VA pension when he dies?
An unremarried surviving spouse or unmarried children of a veteran with honorable wartime service and whose death was unrelated to service can receive the benefits. However, this is needs-based.
What is a widow of a veteran entitled to?
Various factors determine the exact eligibility but VA benefits may include Dependency and Indemnity Compensation, Survivors Pension, and burial benefits, as well as potential access to healthcare, education support, and home loan benefits.
