Surviving spouses and dependent family members of deceased veterans may qualify for benefits from the Department of Veterans Affairs, which provide them with tax-free monthly payments to help them financially in thanks for their loved one’s service. However, the system involves complex VA benefits eligibility rules, a lengthy application process, and frequent initial denials that must be appealed. As such, you should consider working with a VA survivors benefits attorney as you start to pursue your claim.
Understanding VA Survivor and Dependent Benefits
The Department of Veterans Affairs offers financial payments to certain eligible dependents and surviving family members of veterans who died in the line of duty or who had a service-connected disability. These benefits can provide critical financial support to veterans’ families who have lost their loved one’s economic contributions to the household due to the veteran’s service-connected death or disability.
Two of the primary VA survivor benefits programs include dependency and indemnity compensation (DIC) and survivors’ pensions.
VA Dependency and Indemnity Compensation (DIC)
Dependency and Indemnity Compensation provides an ongoing tax-free monetary benefit to qualifying surviving spouses, dependent children, or dependent parents of a veteran or service member who died in the line of duty, as a result of a service-connected condition, with a service-connected condition as a contributing factor in their death, or from a condition aggravated by a service-connected condition. Family members may also receive DIC if their loved one had a permanent and total service-connected disability.
Surviving spouses receive a base monthly payment, with an additional monthly amount if any of the following apply:
- The veteran had a total disability for the eight years leading up to their death.
- The spouse has a disability that requires them to seek assistance with regular daily activities.
- The spouse is unable to leave the house due to a disability.
- The spouse has one or more minor children.
VA Survivors Pension (Death Pension)
Survivors pensions provide a tax-free monthly benefit to surviving spouses and unmarried dependent children of deceased veterans with qualifying wartime service. Surviving family members must also meet specific income and net worth limits to qualify for a survivors pension. The VA provides monthly payments equal to the difference between the recipient’s income and the Maximum Annual Pension Rate set by Congress.
Eligibility Requirements and Application Process
Individuals may be eligible for DIC benefits when:
- They are the surviving spouse, dependent child, or dependent parent of a qualifying veteran, and
- The veteran died in the line of duty, as a result of a service-connected condition, with a service-connected condition as a contributing factor in their death, or from a condition aggravated by a service-connected condition, or
- The veteran had a total disability at the time of their death.
For an applicant claiming DIC through a totally disabled veteran, the veteran’s disability rating must meet specific duration criteria, including:
- Lasting for at least ten years preceding the veteran’s death
- Lasting from the date of the veteran’s discharge and for at least five years preceding the veteran’s death
- Lasting for at least one year preceding the veteran’s death if the veteran died after September 30, 1999 and was a former prisoner of war
Surviving spouses and unmarried dependent children may qualify for a survivor’s pension if their deceased veteran family member did not receive a dishonorable discharge and they had qualifying wartime service, which may include:
- Entering active duty on or before September 7, 1980, and serving at least 90 days on active military duty with at least one day during a covered wartime period
- Entering active duty after September 7, 1980, and serving at least 24 months on active duty or the whole period of their ordered active duty, with at least one day during a covered wartime period
- Serving as an officer on active duty starting after October 16, 1981, without having previously served on active duty for at least 24 months.
Covered wartime periods include:
- World War I: April 6, 1917 to November 11, 1918
- World War II: December 7, 1941 to December 31, 1946
- Korean War: June 17, 1950 to January 31, 1955
- Vietnam War (for veterans who served in the Republic of Vietnam): November 1, 1955 to May 7, 1975
- Vietnam War (for veterans who served outside the Republic of Vietnam): August 5, 1964 to May 7, 1975
- Gulf War: August 2, 1990 through a future date set by a future act of Congress or Presidential proclamation
Eligible survivors can apply for DIC or survivors pensions by submitting the appropriate VA application form. The VA uses different forms based on the type of benefit, the circumstances of the veteran’s death, and the applicant’s relationship to the veteran. Applicants may submit their forms by mail, online via the VA website, or in person at a VA regional office. Applicants can also submit an “intent to file” form to secure an earlier effective date for benefits and give themselves additional time to secure documents and evidence needed to support their application.
Appeals and Reconsideration Options
When the VA denies a surviving family member’s application for DIC or survivors pension benefits, the family member can pursue an administrative appeal. The VA appeals process offers three avenues for appeal:
- Supplemental claim: Allows an applicant to submit new evidence to supplement their claim
- Higher-level review: Requests a review of the existing claim file by a more experienced claims reviewer
- Board review: Requests appellate review by the VA’s Board of Veterans’ Appeals
Applicants have one year from the date on the decision letter to submit an appeal.
After exhausting the VA’s administrative appeals process, an applicant may seek further review by filing a civil action with the U.S. Court of Appeals for Veterans Claims. This federal court hears appeals of denied VA claims.
When to Seek Legal or Advocacy Help
Consider getting legal advice and support as early as possible in the application process. A VA benefits attorney can assess your eligibility for benefits and guide you through each stage of the VA benefits application process, helping you avoid the mistakes that could delay or jeopardize your benefits.
Contact a VA Disability Lawyer Today
The VA provides various financial benefits to dependents and surviving family members of deceased veterans. Contact Disability Law Group today for a free, no-obligation consultation with a VA disability benefits attorney to learn more about your eligibility and for help pursuing your claim.
