If you are a disabled military veteran, thank you for serving your country with honor, dedication, and courage. That service deserves respect and gratitude – and without question, you deserve support for your disability. If you receive VA disability benefits, they may be an important source of financial support for your family. Understandably, you probably want to do all you can to continue receiving those benefits for as long as you need them. But what happens if you pass away? Can your spouse still receive those benefits on your behalf?
Unfortunately, if you are a veteran who receives veteran’s disability benefits, your spouse will usually not be able to continue receiving those benefits after you pass away. While this may be disappointing, the good news is that your spouse may be able to receive other types of veteran’s benefits. After you pass away, your spouse may qualify for a monthly allowance known as Dependency and Indemnity Compensation, or DIC for short.
What is Dependency and Indemnity Compensation?
Dependency and Indemnity Compensation is a tax-free monetary benefit that may be paid each month to the surviving spouse of any veteran who passed away on or after January 1st, 1957. In order to be eligible for this benefit, one of the following criteria must be met:
- The veteran passed away while on active duty or on active/inactive duty for training.
- The veteran died because of a service-related disability or because of a condition that was either caused or worsened by a service-related disability.
There are additional situations in which DIC might also be paid to survivors of veterans who did not die as a result of their disability. In these situations, the veteran must have been considered totally disabled as a result of their service-related condition at the time that they passed away. In addition, the veteran must been consistently rated as totally disabled either:
- For a ten-year period immediately preceding death.
- From the date of the veteran’s military discharge and for at least five years immediately preceding death.
- If the veteran was a former prisoner of war and was totally disabled for at least one year immediately preceding death.
If the veteran meets one of these conditions and was not dishonorably discharged from the service, a surviving spouse may be able to collect benefits on the veteran’s behalf.
In order to do so, the surviving spouse must:
- Have been married to the veteran within fifteen years of the date of their discharge from the military service in which they developed the qualifying disabling condition, and
- Been married to the veteran for at least one year, or:
- Be parenting a child that you had with the veteran.
In addition, the spouse must have lived with the veteran until the veteran’s death – or, if separated, the separation must not be the fault of the surviving spouse.
Are Any Other Benefits Available?
Even if a surviving spouse does not qualify for DIC benefits for one reason or another, they may still potentially qualify for a benefit known as a “death pension.” A death pension is a monthly benefit that is paid to the surviving spouse and/or eligible children of a veteran who served honorably and died from causes unrelated to his or her service. As is the case with DIC benefits, these benefits may be paid to spouses who were married to the veteran for a year or more prior to their death or who had a child with the veteran. Survivors of peacetime veterans are typically not entitled to a death pension.
How to Pursue a Claim
If you believe that you may be entitled to DIC benefits, a death pension, or another type of compensation related to the military service of a deceased spouse, you will want to ensure that you have all necessary medical proof and paperwork required to present to the Office of Veterans Affairs.
Understandably, gathering necessary evidence and making a claim for benefits may seem overwhelming – and that feeling is normal. The good news is that you don’t have to feel overwhelmed and worried alone. Instead, you should reach out to an attorney who knows and understands the law and can guide you through the process. At Muse Disability, we’re here for you.
Call Muse Disability Today
It’s important to take care of the people you love. At Muse Disability, we understand that. We understand that when you receive benefits based on a life of service, you want to ensure that when you pass away, you’ve done all you can to protect and preserve those benefits for those you care about. That’s why we’re here to help. We know and understand every aspect of the law pertaining to disability benefits, and we’ll do all we can to pursue the best legal strategies on your behalf. If you’re ready to get started, give us a call today. We look forward to speaking with you soon.