Alpha Advocacy for Those Left Behind
At Alpha, we honor the ultimate sacrifice made by our fellow disabled veterans. We also honor their families.
We are concerned for surviving spouses who may not be aware of benefits that could be available to them years after their veteran spouses were engaged in military service. Alpha Veterans Disability Advocates help surviving spouses obtain the benefits they are entitled to receive.
Qualifications for Survivor Benefits
The Veterans Administration provides Dependency Indemnity Compensation (DIC) benefits to a surviving spouse and/or dependent children if:
- The surviving spouse does not remarry prior to age 57
- The veteran was 100 percent disabled for 10 years prior to death, (for prisoners of war (POW), 100 percent disabled one year prior to death).
- The cause of death is deemed service-connected:
- The service-related disability was either the primary or contributory cause of death.
- The service-related disability contributed to or aggravated the development of another disability which played a causative role in death.
- The service-related disability assisted in the cause of death.
- If there is no surviving spouse, DIC benefits are divided among a veteran’s minor children.
- Older children found to be permanently incapable of self-support prior to turning 18 are eligible for DIC.
Was Your Veteran Spouse’s Death Service-Connected?
VA Casualty Assistance Officers are fully engaged in helping recently widowed survivors apply for DIC benefits. However, there is another group of survivors that may have been missed.
Many older veterans may have died from service-connected causes but never filed a claim with the VA prior to their death.
For example, a veteran from the Vietnam War may have died many years after combat from a medical condition connected to Agent Orange exposure. Or, if the Vietnam veteran died 10 years ago from a condition that now qualifies as service-connected, the surviving spouse very likely does not know that they have become entitled to DIC.
Alpha Helps Surviving Spouses Win Service-Connected Benefits
Your veteran spouse’s military service may have caused or contributed to your spouse’s death. Alpha can help you establish service connection and win you entitlement to DIC benefits. Click the “Wartime Veterans” tab to review service-connected conditions for different war periods.
Our Alpha Advocates are skilled at assessing a veteran’s military history and health-related conditions to find possible relationships of service-connected entitlement to survivor benefits.
You could receive a basic tax-free monthly benefit of $1,154. You may also receive reimbursement of burial expenses up to $2,000.
Please contact Alpha to get started on your claim for DIC benefits.
Burial and Memorial Benefits
Burial in a VA national cemetery is available for eligible veterans, their spouses and dependents at no cost to the family. Benefits include headstones and grave markers, a burial flag, military funeral honors and perpetual care of the gravesite.
Other Benefits
- Educational assistance for spouses and dependent children
- Guaranteed home loans by a private lender
- Secondary medical care (CHAMPVA) for individuals who have Medicare entitlement
Note: All representation coordinated by Alpha is provided by our employees, the Advocates, who are accredited by the Department of Veterans Affairs (VA). No private organization that trains and employs accredited agents has been legally recognized by the VA for the purposes of preparation, presentation, and prosecution of claims. This work must be done by the Advocates themselves and not organizations.
Thank you. Do I need to fill out another form for this benefit, or do I make an appeal on my current file? Maybe it is time to appeal to congress to raise these benefits so that widows and children have a liveable income wihtout worry.
My husband passed away 4 March. An autopsy was performed indicating hypertensive heart disease on death certificate. I submitted for DIC in May. Today, I received correspondence from the VA asking for additional information to support to claim. My husband was service connected for hypertension. What additional information should I send?
My father recently passed away, he was a WWII vet, and had been receiving 10-50% disability for the past 20 or so years for hearing loss as a gunnery instructor. Finally, about a year ago, he was determined to be 100% disabled after going 10+ years without asking for additional compensation. His hearing seriously affected his ability to work over the past 10 years, even with the best hearing aids available. My mother, his wife of 60+ years, really needs his VA disability. She’s never worked outside the home and her SS is very minimal. Is it possible for her to receive any benefits? My opinion is that he was eligible for disability for the past 10 years, but wasn’t receiving it.
Thank you.
Loretta,
In order to request an increase in DIC you need to prepare a written statement and mail it to the VA regional office. You may also call them at 1-800-827-1000 and verbally make the request. But we recommend a written response.
Butterculp,
The VA is mandated to make a written request for any evidence from you that might support your claim, even if it is a reasonable conclusion that they already have the records. If your husband was a patient at the VA and/or you submitted all the medical records to them previously, they are simply looking for you to say there isn’t anything else. This effectively gives them permission to go ahead and make a decision.
Kelly,
On the surface, the answer is no. The criteria requires that the veteran either died as a result of a disability that can be traced to military service, or that he was rated 100 percent disabled for a period of 10 years preceding death. If you wanted to pursue that the 100 percent rating should have gone back ten years, your mother should write a letter to the VA asserting that the 100 percent rating should have been effective at some earlier date that would cover ten years, and base it on evidence that shows a clear and unmistakable error made in the decision-making process. It is very rare to find an error of such magnitude that would result in such a drastic change in the veteran’s entitlement. If it exists, your mother would be entitled to the accrued benefits, which is the compensation your father would have received, plus entitlement to DIC. These types of claims are almost always denied since the threshold to establish clear and unmistakable error is so high.
Thank you, Alpha
Great News! for those who were turned down due to re-married. Effective Oct. 1st, 2011. H. R. 178 IH Sec . 2 paragraph 2 e. For the purposes of this subsection, an eleigible spouse includes a spouse whos was previously eligible for payment of such annuity and is not remarrried, or remarried after having attained age 55, or whose second or subsequent marriage has been terminated by death, divorce or annulment.
Oma,
Thanks for calling this to our attention. It appears that this bill is still in the first step in the legislative process. But we will keep our eye on its progress. Here’s the latest on this bill: http://www.govtrack.us/congress/bill.xpd?bill=h112-178
Hello, our family would like to know, are there any benefits to our grandmother of 83 years of age, have any benefits from our grandfather of whom has passed away, and was an Veteran? And no she did not remarry, and are there any benefits for her, and if so, how do we go about getting the benefits for her, thank-you
Pushane Patty,
You can contact the VA at 1-800-827-1000 to find out about burial benefits, dependency compensation (DIC) and death pension b enefits. If your grandmother is found eligible for DIC, she may be entitled to ChampVA healthcare benefits as well. If you feel that your grandfather’s death can be related to his military service, please call us for an appointment. We can help. 877-611-7724.
Does anyone know if you are divorced from a deceased VA who is 100 per cent service connected and never re-married, but lived with Veteran for 30 years and divorced 13 years prior to death is entitled to DIC benefits?
Maria,
Once the marriage ended in divorce, the ex-spouse is no longer eligible for DIC benefits.
Hi. I received DIC 1991-1994 then it stopped due to remarriage. I have since divorced and reapplied for DIC. The VA lady who assisted with this said it should be no problem and that I qualify. My concern is this. I was married to deceased veteran for 3 days short of a year and they previously turned me down for DIC back in 1991 but I fought them on it and won. Do you think this will be an issue again since I already addressed it years ago? Also do you know if in fact I do get reinstated and then get amrried again will I lose it all over again or would that fall under the marrying after Dec 16, 2003 rule? Thanks for any information you can give me!!!!
Tracy,
You should be reinstated.
Are you familiar with cal vet home loans? Im having little difficulties with those knuckeheads in Sacramento.
Connie,
Unfortunately no, we have had no experience with Cal Vet Home Loans.
I was married to a viet nam vet for over 20 years, never married and am entitled to get DIC benefits…I was divorced and it doesn’t make any difference as long as no marriage took place.
My father passed away 20years ago with Non Hodgkins Lymphoma. He was in the Army but didnt serve in Vietnam. He never spoke about where he served, but it was in the US and overseas. Is there anyway to request his service record from the Army to see if he had been exposed to Agent Orange or any other carcinogens? Thanks
My husband passed away three yrs ago, And I do get Va benifits, Will I lose them if I go to work. I can’t make it on just the va
Debbie,
If you receive DIC, Dependency and Indemnity Compensation, you will not lose this benefit; however, if you are receiving Widows Pension, you will need to notify the VA so they can recalculate if you are still eligible. You can contact the VA at 1-800-827-1000. Good luck.
I currently receive DIC for myself and child. My 1st question pertaining my DIC is; will it ever “Stop” do to any time limits or money limits? I have no plans on re-marring? 2nd will my Childs portion stop when she turns 18? Last question is, I did get death gratuity benefit of 12, 240 (in April 1, 2000) Lump sum; I was made aware that I may be entitled to more because, they raised it to 1000,000.00. That is a huge jump from what I was originally given. I don’t think I would be asking for this extra money but, my late husband forgot to change his life insurance policy to change from his father instead of leaving it to me and his child. My late husband’s father got the $250,000.00 and did not give any of that to myself or the surviving grandchildren. Please help!
Thank you,
Mary
Mary,
Very sorry to hear about the loss of your husband. I will do my best to answer your questions. DIC benefits are payable for the rest of your life. If you remarry prior to age 57, you will not be entitled to payments while you’re married. If you become totally disabled and in need of aid and attendance, your DIC payments can be elevated. Your child is also entitled to Chapter 35 education benefits. DIC payments for her will stop when she is 18, unless she becomes a School Child and is in a VA approved education program “generally college” in which case she may be entitled to continue to receive DIC payments while in school.
SGLI has been raised for currently enrolled service members and wouldn’t generally be applicable retroactively to previously paid claims. If you have specific questions about your unique entitlement to life insurance, you can call 1-800-419-1473 to inquire. As far as the Government Life Insurance going to his father rather than you, that is a civil matter and beyond the scope of our services.
My Step-father is a vietnam vet. Received purple heart, has 30% disability for service injury plus diabetes type II. At age 35 he had a quad heart by-pass, at age 52 had a triple by-pass, they applied for benefits but were denied. He is currently 62 and going in rest home Monday with Alzheimer’s. I recently learned heart disease is covered due to AO. Is 2 bypass surgery enough to get disability increased. Being in the rest home he won’t be able to travel to a VA doctor for further examines. Also if he passes due to heart attack would my mother get 100% diability after his death. Thank you.
I am married to my husband of 38 1/2 yrs. He is 100% disabled Vietnam Vet. He is going off his rocker and is wanting a divorce. Don’t mind the divorce with him acting this way. He hasn’t always been this bad. But I understand if he gets this divorce, I want get any VA benefits if he dies before me. Why is that when I’m the one that took care of him all of these years. And this other person that he wants to marry will get these benifits.
Naomi,
While we can’t explain the congressional rational behind the decision not to pay DIC benefits to a person who divorced the veteran, the law may allow DIC payments to certain eligible persons still married to the veteran but living separately in an estranged relationship. Hope this helps.
Eric,
I am very sorry to hear of your step-fathers failing health. I strongly recommend that he take steps to apply for compensation for his heart disease as soon as possible. We can help. I understand that he is unable to travel, the VA can accept his private doctor’s diagnosis and method of treatment to determine the severity and whether its related to his AO exposure. Please call us at 1-877-611-7724 and we can get started right away.
my husband had passed away one year ago. He had served in us army from years 1961 to 1964, and 11months and 13 days was overseas in korea , and the veterans affairs cant tell me what he had done while being overdeas. . I was told i am not eligible to receive death pension benitits because he had not had 1 day of wartime. But being overseas for 11mos 13days , which was considered a danger zone ,which was their still a korean conflict going on.I beleive that my husband being overseas with a conflict still in effect ,,which is a danger zone, . Cant 1 day of wartime be replaced with His being overseas?Thank you
Toni,
Unfortunately no, the law requires service with 1 day during a period of war for entitlement to death pension. There is no substitution for this rule.
My husband has been rated 100% disabled after being dead for ten years. How long will it take before i receive my first dic check? Are educational funds retro? My daughter would like to go and attain her doctorate degree.
my husband served in viet nam and was just notified that he is entitled to 100%disability for heart condition.he had double bypass surgery 18 years ago and in 2008 i heard they now considered this service connected so submitted request in 2008 when i heard. he is 100%blocked on right side of heart and 70%blocked on left side now he does not want local va center to operate on him because he hear bad stories they said he can only have free care at va hospitals he is very high risk and onw drs said he has only 30 to 40% chance for survival so he would not qualify to go to a hospital that specializes in this high risk surgery and second question is the va gave him back pay for his pension that was less than a year worth the pay. People tell me he was suppose to get back pay from 2008 when he applyied is this true and what do i do about getting that money if he was entitled to it
Connie,
That’s a great question. It should only take about 3 months; however, in some cases, it could take up to 8 to 10 months. Once granted, it will be retroactive back to date of claim and education benefits will be part of that award. Good luck to you both.
Mary ann,
It is quite possible that he would be eligible back to 2008. If he would like assistance with this, please let me know. As far as treatment outside of the VA, he will need to get preauthorization. For assistance, he can go through the Patient Advocates office at the VA medical center. Otherwise, he may be required to pay for his own care at a non-VA facility, unless the care is provided on an ER basis, like a heart attack.
My question is in regards to child’s education benefits. I was awarded 50% compensation after Iraq. When I got awarded, I was sent a letter stating everything that I was entitled at a 50% or greater rate. One of the benefits were that child receive educational benefits. Can you tell me more about that?
Edward,
Good question. Unfortunately, that is only available for veterans rated at 100% Permanent and Total. The benefit is generally called Chapter 35, Dependent’s Educational Assistance Program.
I keep reading 2 different criteria for a spouse to receive DIC.
One is the husband/spouse has to be 100% SC for 10yrs then the wife can be eligible to receive DIC.
Two is, in order for a spouse to receive DIC the Veteran must be 100% SC and have died as a result of his or one of his disabilities or secondary to his disability.
Which is it, one or two?????
My husband passed a way in nov 2010 and he had anxiety and was given medicine for the anxiety. I got his medical records and their are a lot of progress notes that say that he has anxiety but in differtent words. But it is straight to the point. The doctor also send him home with anxiety medicine when he was in the va hospital two weeks before he passed a way. He was service connected for ptsd but not for ten years. And ptsd was not on his death certifcate. I have talk to another veterans wife and she told me that is how she got her dic is because the ptsd was connected to the anxiety he had when he passed a way. Don’t know how true this is. Hoping you can give me some answer’s
My stepfather who is 100% disabled is in rehab now due to a broken leg as he took fall at home. Now due to his dimentia he may never be able to come home. Will my mother lose his Socal security and his disabilty if he is not able to return home?
There are several basic avenues for entitlement to DIC benefits (1) the cause of death was service related, (2) died while on active duty not due to willful misconduct, (3) the veteran was 100% for 10 years proceeding death, and (4), in the case of an ex-pow, the veteran was rated 100% for at least 1 year and (5), the veteran was continually rated 100% starting from discharge for 5 years of more. While there may be other avenues of entitlement, 99% of the cases generally fall into one of these 5. Hope this helps!
Debra,
PTSD is a form of anxiety disorder. If he was service connected for PTSD, the evidence must show that the condition contributed to his cause of death. Just because it wasn’t listed on the death certificate doesn’t mean anything.
Brenda,
If your stepfather is 100% service connected, the VA should cover the expense of any and all long term healthcare needs. In this situation, we are not aware of any basis where the veteran entitlement to social security and disability pay would be discontinued, just because he’s unable to live in his home. The fact that your mother would use that money for living expenses and to care for their property is of no concern for the VA or SSA.
Hi got a question my husband gets 60% disability from va he he had a knee injury now has a prostetic knee with complications if he should pass on do I recieve any of his va disability
You answered some earlier questions for me–June,2011. And this may sound silly to you–please chalk it up to the many anxiety issues I have related to my PTSD . Anyway, what would happen to our VA compensation if they found a cure for PTSd or diabetes or any of the health issues we are compensated for ?
My 2nd question is should I push to have my rating changed to 100 % vs 100 % unemployable which I have now–70 % PTSD-20 % diabetes–0 %malaria.
Finally, re: my brother-in-law. He went in the army @June of 1970. He completed basic in good order-received a promotion to E2 and was sent to Ft leanardwood for AIT. However, at this time in the Army-with the draw down in VietNam–there were a lot of troops being warehoused with very little supervision. Mess halls were being stripped of food-barracks were being ransacked-and there was quite a bit of racial unrest. My Brother-in-law was threatened several times and at one point, he was very much in fear of his life. So he took off–when he was caught, the army offered him a choice of jail or dishonorable discharge which he took–he was very much in fear of his life. At the time, I was not too understanding of his situation. However, as the years have passed, I can see the experience took a big toll on him–he drank too much–had to work at some very menial jobs–has health issues. So, is there any way, he could ask for a reversal of his discharge and possibly get some benefits–health care etc ?
Thanks for everything,
Tom
Hi Alpha, I received a “summary of benefits” letter from the VA that my DIC has now increased starting Dec 2011 looking at my bank account it has increased, but not to the amount on the award letter, in my account there is $286 less being deposited then what the award letter states. We also receive SS & Army Ann pay. I chose child options for a 5 & 10 yr old (and his other child is not mine & lives with her mom, in case you need this info) What could be the issue in the difference in the amount stated & amount actually paid out? Thank you.
I mean the 5 yr old is mine & the 10 year old is my son’s half sister.
My father passed away in Dec 1992. He was a veteran of the Koren War and served from 1952 to 1954 an had an honorable discharge. My mother has never remarried and initially applied back in 1993 and was told there was no funds for this benefit. Unbeleiveable! I have done some research and it appears my mother is eligible for benefits due to husband time served and her current disablity with vision. My father’s death was not service connected however is there some benefits owed to my mother and will this be retroactive?
Thanks.
Valerie
Valerie,
Probably won’t be, unless there was clear and unmistakable error. Clear and unmistakable error means that a claim submitted then should have been granted with the evidence available back then.
Lizzy,
Not sure why the variance in DIC pay. We encourage you to reach out to the VA by calling 1-800-827-1000.