Survivor Benefits

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This page is for benefits for surviving spouses, children, and parents. For death benefits click HERE.

While these benefits won't help Veterans, they do help those who survive them. This is one of the reasons why it is important that we Veterans are aware of our own benefits, and also that our dependents are made aware of their own benefits.

Please include your dependents in this process of learning!


YOU MATTER!

If you are looking up this information because you are considering harming yourself, KNOW that your FAMILY would MUCH rather have you with them than any of these benefits!

If you need someone to talk to you can:

  • Click HERE to chat online;

  • Dial 988 then Press 1; or

  • Text 838255

Benefit Summary

Benefit Category Spouse Child Parent
National Cemetery Burial Death Yes Yes No
Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) Health Care Yes Yes No
Continuance of Claim/Appeal Monetary Yes Yes Yes
Dependency Indemnity Compensation (DIC) Monetary Yes Yes Yes
Dependents Educational Assistance (DEA) Education Yes Yes No
Free Tuition Education Yes Yes No
Educational and Career Counseling (Chapter 36) Education/Career Yes Yes No
Federal Civil Service Preference Employment Yes No Yes
Life Insurance Monetary Yes Yes Yes
Medal of Honor Pension Monetary Yes No No
Nomination of Children to a Service Academy Education No Yes No
Survivor Benefit Plan/Reserve Component (SBP)/(RCSBP) Monetary Yes Yes Yes
Survivors Pension Monetary Yes Yes No
VA Home Loan Housing Yes No No

Spouse

The spouse or surviving spouse of an Eligible Veteran is eligible for interment in a national cemetery even if that Veteran is NOT buried or memorialized in a national cemetery. In addition, the spouse or surviving spouse of a member of the Armed Forces of the United States whose remains are unavailable for burial is also eligible for burial.

IMPORTANT NOTE:

  • The surviving spouse of an eligible Veteran who died on or after January 1, 2000, and later remarries a non-Veteran IS eligible for burial in a national cemetery, based on his or her prior marriage to the eligible Veteran.


Minor children

For purpose of burial in a national cemetery, a minor child is a child who is unmarried and:

  • Who is under 21 years of age; or

  • Who is under 23 years of age and pursuing a full-time course of instruction at an approved educational institution.


Unmarried adult children

Adult children who are unmarried and:

  • Became permanently physically or mentally disabled and incapable of self-support BEFORE reaching 21 years of age; or

  • Became permanently physically or mentally disabled and incapable of self-support BEFORE reaching 23 years of age and pursuing a full-time course of instruction at an approved educational institution.

Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA)

  • Click HERE for information on CHAMPVA.

Continuance of Claim/Appeal (Accrued Benefits)

If the Veteran at the time of their death had a pending VA disability claim/appeal OR had yet to initiate an appeal of a claim decision, the Veteran's surviving spouse, children, or dependent parents may continue the claim/appeal or file an appeal in the Veteran's place! If there are no next of kin, the person who is handling the Veteran’s estate (executor/administrator) can also file a claim.

IMPORTANT NOTES:

  • New claims CANNOT be filed!

  • New appeals ARE okay!


Time Limits

Pending disability claim/appeal

  • An eligible dependent must act within one year of the Veteran's death.

Initiate appeal of a claim decision

  • An eligible dependent must act within one year of the claim's decision.

IMPORTANT NOTE:

  • If the person who filed for accrued benefits themselves dies, the next person must then file for accrued benefits within a year of the beneficiary’s death.


Disbursement

Regardless of which eligible dependent takes over the claim, the disbursement will be made in the following order:

Beneficiary Priority Amount Paid
Spouse Full
Children Equal shares
Parents Equal shares
Sole parent Full

NOTES:

  • In the event any dependent of higher order refuses to accept the money. The money will NOT pass down to the lower tiers.

  • In the event any equal tier dependent refuses to accept the money. The money will NOT be returned to the pool to give the remaining dependents a larger share.


How to File

While you can file yourself, it is strongly recommended to utilize a VSO to help with this process.

If you are comfortable doing it yourself complete the following appropriate form(s) and submit it as indicated on the form:

Dependency and Indemnity Compensation (DIC)

If you’re the surviving spouse, child, or parent of a Servicemember who died in the line of duty, or the survivor of a Veteran who:

  • Died from a service-connected illness or injury;

    • This DOES include unclaimed complications/aggravations of service-connected condition.

  • Died from something that is related to service but was never formally granted service-connection during their lifetime;

  • Died due to VA medical care/treatment (click HERE for details);

  • Died due to participation in a VA work program such as Veteran Readiness and Employment (VR&E); or

  • Didn’t die from a service-connected illness or injury, BUT was rated as 100% due to service-connected disabilit(ities) for a certain period of time.

    • If eligibility was due to a rating of 100%, they must have had this rating:

      • For at least 10 years before their death;

      • Since their release from Active Duty and for at least 5 years immediately before their death; or

      • For at least 1 year before their death if they were a Former prisoner of war who died after September 30, 1999.

You may be able to get a tax-free monetary benefit:

IMPORTANT NOTES:

  • Total Disability Individual Unemployability (TDIU/IU) DOES count as being rated 100%!

  • Those incarcerated for over 60 days due to a felony or are a fugitive felon will have their payments STOPPED!

    • To file for apportionment VA Form 21-0788 must be completed, signed by either the surviving spouse or their dependent(s), and submitted to the VA.

  • DIC CANNOT be paid at the same time as Survivors Pension Benefit.

    • The higher of the 2 rates will be paid out.

  • DIC CAN be paid at the same time as Survivor Benefit Plan (SBP) or Reserve Component Survivor Benefit Plan (RCSBP).

  • If Veteran’s death was caused by something previously denied, that is now Presumptive or was simply never claimed you SHOULD still apply!

    • If the Veteran simply never filed for service-connection before, click HERE to learn about what evidence the VA needs to help establish service-connection for DIC purposes. Additionally, if applicable VA will consider non-presumptive Toxic exposures.

    • Even if the condition was previously denied and is NOT presumptive click HERE to learn about evidence you can submit to try and overturn that denial to establish DIC. Additionally, if applicable VA will now consider non-presumptive toxic exposures.

SPECIAL NOTES:

  • Spouses who are housebound or require aid and attendance are entitled to an increased rate of pay.

  • If DIC was previously denied based upon a condition the PACT ACT made presumptive, the effective date of the award will be back dated to when the prior application was received. (XII.i.3.A.2.c.)

  • If a law/regulation/policy made the condition presumptive, then Liberalizing law CAN apply to the effective date of the grant of DIC.


Spouse

You may be eligible for Dependency and Indemnity Compensation (DIC) for surviving spouses if you meet the requirements listed below:

ONE of these must be true:

  • Married the Veteran or Servicemember before January 1, 1957;

  • Married the Veteran or Servicemember within 15 years of their discharge from the period of military service during which the qualifying illness or injury started or got worse;

  • Were married to the Veteran or Servicemember for at least 1 year; or

  • Married and had a child with the Veteran or Servicemember, and either lived with the Veteran or Servicemember without a break until their death or, if separated, weren’t at fault for the separation.

    • Separation is thought of in a marital nature; you lived with the Veteran continuously until death if they were in a nursing home but you were not. DO NOT confuse physical separation for marital separation or divorce of the Veteran/Servicemember.

IMPORTANT NOTES:

  • Marriage needs to have been active AT TIME OF DEATH! So none of this ‘we were married but got divorced before their death’!

  • If you get remarried after the Veteran or Servicemember’s death you will lose DIC UNLESS:

    • You remarried on or after December 16, 2003, and you were 57 years of age or older at the time you remarried;

    • You remarried on or after January 5, 2021, and you were 55 years of age or older at the time you remarried; or

    • Your new marriage ends for any reason (you would then need to reapply for DIC).


Children

You may be able to get compensation as a surviving child if you meet ALL of the requirements listed below:

  • Aren’t married;

  • Aren’t included on the surviving spouse’s compensation; AND

    • Are under the age of 18 (or under the age of 23 if attending school); or

    • Are unable to care for yourself (Permanently incapable of self-support) due to a disability that happened BEFORE age 18.

IMPORTANT NOTE:

  • If the child marries and later that marriage ends AFTER October 31, 1990 their entitlement to DIC is FOREVER gone UNLESS the marriage is annulled or otherwise found to be void.

Note:

  • If you were adopted out of the Veteran’s or Servicemember’s family, but meet all other eligibility criteria, you still qualify for DIC.


Parent

You may be able to get compensation as a surviving parent if BOTH of the descriptions below are true:

  • You’re the biological, adoptive, or foster parent of the Veteran or Servicemember, and

  • Your income is below a certain amount (View the parents DIC rate table).

    • Income from Supplemental Security Income (SSI) IS excluded from this calculation. HOWEVER, DIC CAN in turn make you no longer eligible for SSI, as DIC IS counted as income against SSI.

Note:

  • A foster parent is someone who served in the role of a parent to the Veteran or Servicemember before their last entry into active service.


Applying

If you’re the surviving spouse or child of a Servicemember who died while on Active Duty, your military casualty assistance officer will help you to complete an Application for DIC, Death Pension, and/or Accrued Benefits by a Surviving Spouse or Child (VA Form 21P-534a). The officer will help you mail the form to the correct VA regional office.

If you’re the surviving spouse or child of a Veteran, fill out an Application for DIC, Death Pension, and/or Accrued Benefits (VA Form 21P-534EZ).

If you’re a surviving parent, fill out an Application for Dependency and Indemnity Compensation by Parent(s) (VA Form 21P-535).

If the surviving spouse requires is also filing for housebound or aid and attendance they will need to submit an Examination for Housebound status or Permanent Need for Regular Aid and Attendance (VA Form 21-2680).

  • Complete Sections I-V and have your Primary Care Physician (PCP) complete Section VI-VIII.

  • If you are currently in a nursing home also complete Sections I-III, of VA form 21-0779 and have your nursing home official complete Sections IV-V.


Getting Help

Chapter 35 (Dependents’ Educational Assistance - DEA)

The Dependents’ Educational Assistance program provides money for the spouse and dependent children (includes step and adopted) while attending certain education programs.

  • For more information click HERE.

Free Tuition

Depending upon the state you or your children live in or want to go to school in, they may be entitled to free tuition.

  • For more information click HERE.

Educational and Career Counseling (VA Chapter 36)

Chapter 36 is a program that helps dependents find employment.


Applying

  • Online - Click HERE.


What it offers:

  • Exploring your abilities and interests to help you choose a career;

  • Mapping out a path to employment; and

  • Planning on the best ways to use your VA benefits.


Eligibility

  • Be the dependent of a Veteran, and

  • Be eligible for any VA education benefit.

Federal Civil Service Preference

Derived Preference is a method where you, as the spouse, widow/widower, or parent of a Veteran may be eligible to claim Veteran’s preference when the Veteran is unable to use it. You will be given XP Preference (10 points) in appointment if you meet the eligibility criteria.

The Veteran needs to be unable to qualify for a federal position along the general lines of his or her usual occupation because of a service-connected disability. This criteria is meet when:

  • Veteran is unemployed AND is rated at 100% or as Unemployable;

  • Veteran has retired, been separated, or resigned from a civil service position on the basis of a disability that is service-connected; or

  • Veteran has passed away AND:

    • Served during a war or during the period April 28, 1952, through July 1, 1955, or in a campaign or expedition for which a campaign medal has been authorized.

IMPORTANT NOTES:

  • Both a parent and a spouse (including widow or widower) may be entitled to preference on the basis of the same Veteran's service if each meets the requirements applicable to a parent and a spouse, respectively.

  • Not every federal job accepts preference depending on the hiring authority the job position is open under.


Spouses/Widow

As a spouse you are eligible so long as you remain married.

Widows remain eligible so long as you have not remarried, or any remarriage was annulled.


Getting the Preference

Complete and upload Standard Form (SF-15) with your application to a federal job.


Parent of a Disabled or Deceased Veteran

To be eligible the parent must be:

  • Unmarried;

  • Married to someone who is themselves permanently and totally disabled (determination does NOT need to be made by the VA); or

  • Married by legally separated from your spouse.

Life Insurance

  • Click HERE for information.

Medal of Honor Pension

  • Click HERE for information.

Nomination of Children to a Service Academy

If the Veteran is rated 100%/TDIU OR died due to a service-connected disability their children can be nominated to the following service academies:

Survivor Benefit Plan/Reserve Component Benefit Plan (SBP)/(RCSBP)

The Survivor Benefit Plan (SBP) allows a military retiree to ensure, after death, a continuous lifetime annuity (monthly pay) for their dependents. The annuity is based on a percentage of retired pay and IS inflation-adjusted!

Premiums for SBP coverage are taken from pre-tax retiree pay; which saves you money (vs. paying from post-tax). The average premiums are well below the cost for a conventional insurance policy, so retirees may find that SBP is a good choice.

The maximum SBP annuity payment for a spouse is 55% of the member's retired pay (or in the case of a member who retires under REDUX, the retired pay the member would have received if under the high-three retirement system). However, a smaller amount may be elected.

Eligible children may also be SBP beneficiaries, either alone or added to spouse coverage. In the latter case, the children receive benefits only if the spouse dies or otherwise becomes ineligible to receive the annuity. Eligible children equally divide a benefit that is 55% of the member's elected base amount. Child coverage is relatively inexpensive because children get benefits only while they are considered eligible dependents.

Coverage is also available for a former spouse or, if the retiree has no spouse or children, for an "insurable interest" (such as a business partner or parent).

IMPORTANT NOTE:

  • Surviving spouses maintain their eligibility until death, as long as they do NOT remarry before the age of 55. If the spouse remarries before age 55, payments will stop!

    • However, if the marriage later ends for any reason, their eligibility for the annuity is returned and just needs to be Managed.

Survivors Pension

A VA Survivors Pension offers Monthly payments to qualified surviving spouses and unmarried dependent children of wartime Veterans who meet certain income and net worth limits set by Congress.

IMPORTANT NOTES:

  • Those incarcerated for over 60 days due to a felony or misdemeanor conviction or are a fugitive felon will have their payments STOPPED!

    • To file for apportionment VA Form 21-0788 must be completed, signed by either the surviving spouse or their dependent(s), and submitted to the VA.


Surviving Spouse

Must NEVER remarry after the Veteran’s death, and the Veteran didn’t receive a dishonorable discharge and their service met at least one of the requirements listed below:

  • Entered Active Duty on or before September 7, 1980, and served at least 90 days on active military service, with at least 1 day during a covered wartime period;

  • Entered Active Duty after September 7, 1980, and served at least 24 months or the full period for which they were called or ordered to Active Duty (with some exceptions), with at least 1 day during a covered wartime period; or

  • Was an officer and started on Active Duty after October 16, 1981, and hadn’t previously served on Active Duty for at least 24 months.

And this must be true for the spouse:

  • Your yearly family income and net worth meets certain limits set by Congress. Your net worth for VA purposes is the value of everything you own (except your house, your car, and most home furnishings), plus the value of any financial holdings (IRAs, checking/savings accounts) minus your Continuing Medical Expenses (CMEs) on an annualized basis. This adjusted number must be less than the Federal-level Community Spouse Resource Allowance (CSRA) for Medicaid.

SPECIAL NOTES:

  • Spouses who are housebound or require aid and attendance are entitled to an increased rate of pension.

  • The VA DOES have a 3 year look-back period, checking for suspicious asset transfers; similar to what Medicaid does.


Wartime Periods

  • World War II: December 7, 1941, to December 31, 1946

  • Korean conflict: June 27, 1950, to January 31, 1955

  • Vietnam War era (Served in Vietnam): November 1, 1955, to May 7, 1975

    • Blue water navy IS considered as having served in Vietnam.

  • Vietnam War era (Served outside Vietnam): August 5, 1964, to May 7, 1975

  • Gulf War: August 2, 1990, through a future date to be set by law or presidential proclamation


Children

Be unmarried and meet at least one of the requirements listed below:

  • You’re under age 18;

  • You’re under age 23 and attending a VA-approved school; or

  • You’re unable to care for yourself (Permanently incapable of self-support) due to a disability that happened BEFORE age 18.


Applying

  1. Fill out an Application for DIC, Death Pension, and/or Accrued Benefits (VA Form 21-534EZ).

    • If also filing for housebound or aid and attendance you will need to submit an Examination for Housebound status or Permanent Need for Regular Aid and Attendance (VA Form 21-2680).

      • Complete Sections I-V and have your Primary Care Physician (PCP) complete Section VI-VIII.

      • If you are currently in a nursing home also complete Sections I-III, of VA form 21-0779 and have your nursing home official complete Sections IV-V.

  2. Upload form HERE.

VA Home Loan

  • Click HERE for information.

References