Surviving Spouses
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.
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Vietnam Veteran with Stage IV Cancer Got VA Benefits by Chance Thanks to Alpha
Compensation Rules Change for Veterans with PTSD
Can National Guard or Reserve Members Get Disability Benefits from the VA?
Veterans Disability Compensation – What is it?
How to Get Full Benefits if Not Rated 100 Percent Disabled by the VA
My dad served in the Korean war and just recently passed away in 2010. I am the only biological daughter/child 46, with four children, two of which are still living at home. Am I entitled to any benefits being the daughter of a Korean vet? Michele
Hi Michele, I am sorry for your loss. Unfortunately, it does not appear that you would qualify for any benefits. Generally speaking you would only qualify for benefits as the child of a veteran if you were incapacitated and such incapacitation began before you reached age 18. -Sean
Jim was a veteran of World War II and for at least ten years prior to his death last year at age 87, he had Alzheimer's disease. For the last seven years he was in a nursing home. His wife of almost 50 years paid $230 each month for his care - the balance was paid of Medicaid. She is close to being destitute - is she eligible to be reimbursed for the approximately $230 she paid every month for seven years? Is she eligible to receive a pension?
Judith, His widow may be eligible for a death pension. She should complete VA form 21-534 which can be found at the VA Web site www.va.gov or she can call the VA at 1-800-827-1000.
Alpha My husband was 100% disabled due to an lumbar 4 and 5 dysectomy and laminectomy which left a bone spur in his back causing his spine to collapse, it flattened his hemodyaphrame created a dextro and levoscoliosis, He went into see the Veterans medical center here in spokane to be rated for neck, back and leg paralasis, he was denied in 2007 and passed away june of 2008 we were married for almost 8 years in 4 months, the Va kept claiming he had known scoliosis when he was in the service, of course I grabbed his denial letter from the Va and took it to a Medical Director he did prove that it was an aggravated, worsening and underlying cause of death, although it was in the death certificate, the Va says he did not get 100 percent for the thoracic, looking at the x-ray of my husbands back I felt I lost him again, I just can't believe no one refered him to a spine specialist, they claimed he had copd, but instead the spine was in his lungs, sincerely heart broken still can't get over it.
Alpha forgot to mention death certificate had to be amended in 2010, but I still was denied Dic and I was not sent an apeal form although I e-mailed the NSO to get help on the apeal he called once and never heard from him since, I also sent a letter and faxed it nod, but still no response
Karen, We are very sorry about your loss. And, we'd like to help you expedite your DIC claim. There should be a better response than what you've experienced so far. We will try to contact you, or you can call us at 877.611.7724.
Hello My dad was in Vietnam and has been receiving 10% disability for a few years. it has now been established thru VA that he was exposed to agent orange. they increased medical coverage and instead of 150$ a month now he gets about 250$. he is in the hospital now and has almost died. due to congestive heart failure, COPD, and many other serious issues. He does receive social security but he just barely has enough to live. I am 41 and live 9 hours away. He says he is working with a counselor at VA trying to get a larger percentage in order to receive more income. I am concerned about this however because he does not really have clear thinking, etc. Especially now that he has had another heart surgery and all of the other complications. I really need to care for him but cannot get a job near him and his income from SS and 250 a month VA cannot take care of him, let alone both of us. Is there anything I can do to get assistance for us or is there a way to find out if he can receive more than 250$ a month from VA? We have a very small family, just he and I. and I dont know what to do.
Alpha, I filed already the VA form 21-534 for surviving spouse claim, however my stepdaughter filed also the same claim in behalf of my step son. The SSS claim was already granted to the step son. My marriage with my husband was for 11 months and he died while I was still in the Philiipines (May 14,2011). What do you think will happen with this claims? If my claim denied, does VA will not inform me? Do you think, I still have anything to receive, if my step daughter has started receiving something from VA? Please help me, what to do since my step daughter took everythng before I arrived here in the US. Thank you very much.
Alpha. I am 100% myself, currently helping a Korean Vets Widow with her D.I.C. claim, Death Cert had his connection on it but still denied and she then asked for a BVA hearing and was just ignored, this was about 20 months ago, i just filed a Writ of Mandamus with the Court and Judge Davis just ordered the Sec to respond with in 30 days, they really goofed by not giving her the hearing plus she does meet all the requirements for D.I.C. Bennies, i think the deal with the budget is having a lot to do with things as it appears they have gone into slow down mode to see what happens.. I used a Writ to get my own benefits in 1999, worked just like it was suppose to, i gave them 20 months and they just kept ignoring me like they are her, we will see what happens. Sincerely
To Wife in Pain, The fact that a dependent is entitled to survivor benefits does not necessarily disqualify you from DIC benefits.
Lori, We would be more than honored to try and help your Dad navigate the VA system and get all the benefits he has earned through his service.
I was married to a Vietnam veteran for 18 years. He became 100% disabled and died of complications from the Vietnam War. We divorced because he was physiclly and mentally abusive. He stopped supporting our three children while they were small. They are now adults. Our youngest son has complications, because of the Vietnam War, both physical and mental. Is there anyway that I can recive any type of benefits? I am 62 and disabled.
M. Jones, Unfortunately, the divorce rendered you not eligible for DIC benefits. Dependend children must be under the age of 18.
My appologies, if you have tried to contact me via e-mail, oops forgot to set it up, it works now, and as to the question about weather or not you thought I was eligible for DIC, you did not answer, I would assume it should not of been asked? I did get an ipad still awaiting for it to download onto my dial up will contact you in a few days.
my mom is 86 she just had a below knee amputation...she lives in my in law apt..my dad was in the navy in ww2...stae side...e died of cancer in 72...is she intitled to any help?
Dear Alpha. The Lady i helping with her D.I.C. benefits received her copy of the Order Judge Davis sent to the SEC early this week. It appears in his letter that he is not happy with the way the Atlanta R.O. has treated this Widow, he went into more depth then whats posted on the Courts Web-Site, just appears he is not happy with them. If you would like to see the order her Doc # is ( 11-1944 ) The few Writs i have done i have kept them as short as i could. This last one was less then 5 pages, plus supporting Documentation, Death Cert and others, but really short. I have spoken with ( one ) clerk of Court and he stated that the Judge made the Comment that he wished the Attorneys would do the same in keeping them short and directly to the point. Each one of them started out between 15-20 pages but i would sit on them for 2-4 days and cut them shorter and shorter until i got them down to the bare bones, Appears that the Court appreciated me keeping them short and direct, Will let you know how this one turns out. Sincerely William Mercer.
Lori. I don't want to jump in fromt of Alpha because it is his site but something you may want to concider is Filing T.D.I.U. for your husband. Many state Reps will tell you that he does not qualify because he does meet the Criteria. ( you really need to reat and understand the Rules in the (C.F.R) 'Code of Fed Regulations, the laws that the VA goes by. "T.D.U." Is Total Disability based on Individual Unemployability" There is 2 parts to this Regulation, Part A, Part B. Part B. Sates the Vet must Have ( i want you to find the Regulation and read it yourself, with out doing this you want understand it. Now read part B..Where it clearly states if the Vet can't work due to his Service Connection Disability then he qualifies for T.D.I.U. payable at the 100% rate..Please find the Reg and read it, you will understant it once you read it..The Veterans Admin is real good at dening the claim and only site part A. in there reason for turning the Vet down. You need for the Dr.s to say in Writing that your husband can't work because of his service conected Disability, There are 1,000's of Vets who qualify for T.D.I.U. but once they get turned down and the VA quotes part A. for there reason for dening they never continue to pursue the claim. Now please find the Regs and do some home work, no one wil spend the amount of time on this claim that you will spend, get a good understanding of this Regulation and pursude your Dr. saying your husband can't work due to his Service Connected diability, V.A. or Civ. Dr's. Alpha, please excuse me for cutting in, T.D.I.U. maybe her best way to pursue. Sincerely William Mercer
I am trying to help a fried whose husband was killed while in Vietnum. This happened in 1967. She was married and had a child with him at the time he was killed. VA never informed her she would be entitled to any benefits through the VA. She did remarry by got a devoice from her second husband. I have read tons of material and found that even though she remarried she may be entitled to DIC as well as CHAMP Health Insurance. Was is common practice to not tell the family of a Vet. that they may have been due benefits at the time of the death. All they told her was to apply for Social Security benefits. She is now 65 and having health issued of her own. I was wondering if you agree that she would be entitled to something if not DIC at least health care?
Karen, We have been trying to contact you. We would like to help you.
Sherry, If your friend is presently single she may be eligible for DIC benefits. She should print out VA form 21-534 from the VA Web site and complete it to the best of her ability, then submit it to the nearest VA regional office - the sooner the better. Once she has submitted her application, the VA will correspond wit her to let her know if they need any further information. If awarded, the effective date will be the date they received her application.
hi i lost my husband sept.18,2010 and he was a navy vet he also received vetrans disability before he passed . I was wondering if i would be entitled to anything
Priscilla, If your husband's death was caused by a service-connected condition, or if he was totally disabled for 10 years, you could be entitled. This article reviews the rules of eligiblity for DIC.
Dear Alpha. The Writ i filed for the Widow with the Court (CoVA) did exactly what we set out to get done and that was a hearing with the BVA, she is set for Sept 19 th at 12:00. at the RO in Atlanta. They should have given it to her to start with but they ignored her request for 20 months, that is sad, she is 77 yrs old. Looks like they were wanting her to pass away with out working it. I really don't see how the BVA can deny the claim she qualifies for in ever way. Take care.
Alpha, I am so sorry, but I'm not computer litterate, I just can't seem to figure out how to get a message to you, I am sending you an e-mail address that does work for sure, please ask me anything you need to through e-mail for now until I can get this ipad situation figured out, evidently I need wifi and that i do not have it's dial up I live in the sticks far away from any city or town, i have been trying to download what they call verbally it's free from itunes, so for now please, please if you get the new e-mail starting with a k and not the one that starts with cow please e-mail me, I do have medical records, x-rays, and I could get the medical directors letter that I did not get for va stateing my husbands death was service connected caused by aggravated worsening and underlying cause of death, i even have his voice recording saying it, but like I said va in Boise claims my husband was not service connected for this, even though my husband did go to the Veteran's Medical Center for a rateing on his neck, back and leg, he was denied in 2007. He passed away and that's when i had to have his death certificate amended by the medical director, I hope I'm makeing sense out of all this to you, I guess I am trying to do what my husband did and failed, but I don't want his death to be in vain, you could say I'm fighting for him he did not have to die that way, I was doing research on something I forget but it stated that if my husband was getting medical care from the VA and they did not do a thing about it to fix the problem it would be VA negligence, I probobly should not say that but that's what it said, and I still feel he could have been helped no doubt about it. Thank you, and please let me know if you get this new e-mail add, wow your along way from me, just seen your add, thanks again
My mother is a surviving spouse of a WWII veteran and has been receiving DIC benefits for several years. She was diagnosed with beginning Alzheimers and Dementia approx 7 years ago. In July 2010, she had a total hip replacement and now requires assistance for showering...getting into and out of the bath tub for her showers. Her neurologist wrote a rx for a home health aide for assistance in December 2010...due to the Alzheimers and Dementia. She is only able to remain in her home, with the assistance of a home health aid (5 hours/day- privatly paid) and family assistance 2 hours/day. Assistance is required for medicine disbursement, food prep, general housekeeping, driving her to doctors and dentist appointments, etc. Additional health issues are: Frequent urinary tract infections, Pneumonia requiring daily use of Spireva and Advair, and Oxygen at night while sleeping. She has recently applied for VA Aid and Attendance ($286/mo) benefits. The service officer said average processing time is 1year. In addition, she also applied for CHAMPVA health care benefits 2 weeks ago. QUESTIONS: 1) Are there any other VA benefits she is entitled to as a surviving spouse of a WW II vet who died due to a "service connected" disability? and if so, how does she apply? 2) Is $286 the maximum Aid and Attendance benefit while she remains in her home? 3) Will she be required to provide income information for "means testing"...I was told that because she receives DIC...she does not. 4) Will she be eligible for Nursing Home benefits when the time comes? 5) I was told there was some State of Michigan "Grant Benefits" availabe...but the State of Michigan has curtailed these for emergency only type situations such as utility shut offs etc. Please advise. Thanks for all you do. Roy
Roy, There is a higher level of DIC for surviving spouses in need of aid and attendance. Your mom should apply for CHAMPVA benefits to help with the cost for medical care and long term health care. For both benefits you should work with your veterans service officer or go directly to the VA regional office nearest you. You can also get info at www.va.gov.
We applied for CHAMPVA benefits 3 weeks ago. They were very helpful over the phone, and promptly mailed out the information packet. I have submitted the requested information and am awaiting their reply. Could you tell me: 1) How long it should take to get a response from CHAMPVA; 2) Is $286 the maximum monthy pension available for aid and attendance for a surviving spouse; and is it really taking 1 year to get a response? 3) Is there income "means testing" for surviving spouses to receive the additional aid and attendance benefit? Thanks again for all you do! Roy
Roy, It takes 4-6 weeks for a response. The VA is behind, but that may change.And yes, $286 is the maximum for Aid and Attendance for a surviving spouse. Just like any other claim, the VA is averaging 6 to 9 months to adjudicate. And, to your last question, no, if medical evidence has been submitted that shows the need for aid and attendance, that should be all you need.
Again, thanks for the prompt reply. You have been very helpful. On a different note, I have an Uncle, 88 years old, who served in WW II. He does not have any service-connected disabilities that I am aware of. He has recently been diagnosed with Alzheimier's, and will soon require the outside assistance of Aid and Attendance, initially in-home, then wait and see. He has already left home in the middle of the night...and was discovered by one of his neighbors. This is a serious one-time episode, but the family would like to be better prepared for his future care. My local VA Service Officer is gone for the week. Can you advise me as to what, if any, VA benefits my uncle should start to apply for? 1) Will he need to produce income verification and be subject to "means testing"? 2) Is he eligible for prescription drug coverage? 3) Is he eligible for CHAMPVA? 4) Should he be applying for anything else. Any information you can provide will be very helpful. I am meeting with his daughter and son-in law tomorrow evening to discuss options. Thanks in advance, for your usual prompt and effecient assistance. Roy
Roy, At this point perhaps it would be better to get guidance from your own VSO. Also, the VA Web site has information on CHAMPVA. Please check it out here. https://www.va.gov/hac/forbeneficiaries/champva/champva.asp
Hello Alpha, I understand the veteran must be classified 100% for 10 years prior to death for surviving spouse to receive benefits. I have also read, but am not sure if it is accurate, that spouse must have married vet within 15 years after service his service military service ended: Do you know if this is correct? I have heard that if spouse is married to disabled vet at least 10 years, they receive 100% of his VA Disability, and that if married less than 10 years compensation is approximately $600. Can you shed any light on these questions? Many Thanks, LC
Laura, Thanks for contacting us. There is no requirement that you must have been married to the veteran within 15 years of separating military service. To be considered the legal spouse, you must have been married more than a year, or had a child born frmo the marriage. If the veteran was killed in action, or died from a service-connected disability, the 10 years at 100 percent criteria is not applicable. DIC is a monthly benefit of about $1,100. And if the spouse is married to the veteran for at least eight out of the last 10 years during the period the veteran was receiving 100 percent disability, she would be entitled to an additional $200. The only surviving spouse benefit that pays $600 monthly is a death pension, which is an income-based benefit. This is a different from DIC in that the veteran's death is determined to be completely unrelated to his military service and he was not rated at 100 percent for 10 years for service-connected disabilities prior to death.
I am service connected at 80% but i'm under TDIU and paid at the 100%, my wife is disabled but due to me collecting Va Comp she was not eligible for SSI since I also collect SSDI and she does not have any work credits she was not eligible for SSDI. I plan on applying for VGLI but my question is what if any would she be eligible for through the VA once I pass on? I just want to make sure she is taken care of. she has Agoraphobia (fear of people and large crowds) she is also Bipolar and had been suffering from these illnesses since she was 13. she is now 31 i am 47.
Ken, If you receive TDIU for 10 years or more prior to your own death, your wife will be entitled to DIC benefits.
My dad is a vietnam vet and as a result of the things he seen and done, became a alcholic, which in turn has destroyed his leg functions. The doctor told him he was diseased neuro functions due to the alchol. He has been sober for 3 years. He can't work due to chronic leg pain and stiffness. He qualifies for some disability is there anything he can do to recieve either better health care or even a larger check. What he recieves is simply not enough to live off of.
If you are divorce from your spouse and were in the military for over 20 years... Does your divorce spouse rate any of your Va disability...My wife is taken me back into court requesting a portion of my disability compensation... Can you send me any information or where I can any legal advice...
Michelle, Perhaps he could get an increase in his disability rating. But we would have to talk to him to make a better assessment of what can be done for him. We suggest calling in to talk to an Alpha advocate. We've helped many Vietnam veterans get more in compensation. Maybe we can do the same for your dad. If interested, please have him call us at 877-611-7724.
Paul, While the state court cannot garnish your VA compensation payments directly, state courts may lay claim to a portion of your total income, which could include VA compensation payments. The VA will not side with you or your spouse on these matters.
My father passed almost 2 years ago. After his death my mother was receiving his va benefits and then they stopped she talked with many people at the va and 1 man told her she would start getting a check again that was in may and hasn't gotten anything is there help for her?
Kimberly, We suggest that you call in to talk to one of our Alpha advocates about this.
Hi, I have a questions, my mother has been married to a wwII veteran for over 20 years, they are estranged and for years she has not known anything about this whereabouts, or if he is still alive, where and how does she find him , or find out if he has passed ? What benefits is she able to receive while he is still alive ? Or after being deceased?
Well after months of paperwork, including involving my state reps. This was their reply to my application and check out the link of why, for rejection. Even though the time I remarried the law was still 55. Rejected for no legal right to to remarried. Here's the link. http://www.cnsnews.com/news/article/widows-tax-lingers-leaving-military-spouses-remarriage-requirement
Hello ~ My stepfather has passed from a service-related illness (cancer). He was receiving 100% disability benefts but not for the past 10 years. Is his spouse entitled to the suriving benefits? His VA doctor deemed his cancer agent orange related and he was awarded the 100%, however only in the last year of his life. Kind regards,
I'm a retired Coast Guardsman of 27 years. I am currently receiving 100% unemployable, 60% disability. If, upon my death, will my spouse of 48 years be entitled to any DIC? Thank you, R. P. Jensen, SKCS, USCG Ret (1/31/85)
To JLZOnline, Yes, his spouse is entitled to DIC if his service-connected cancer contributed to his death or if his death can be attributable to a condition related to his military service. It appears that this is the case for your stepfather and his wife.
Raymond, Most likely your wife will be entitled to DIC, given that you were rated 100 percent for a period of at least 10 years prior to your death.
My father retired from the Army in 1974 after 20 some years. He was assigned around 10% disability at the time so part of his retirement pay was tax deductible. He died this year and his wife was just notified that he qualified for DIC and payments have started. It was a lengthy letter describing his various heart problems - all of which manifested after retirement. He had also spent a year in Vietnam and the Agent Orange Act was a factor in the decision. Two questions please: Is this typical - a guy who retired fairly healthy qualifies his spouse for DIC? If the VA knew of his health issues, why didn't he qualify for something while still alive? We're not arguing, just curious as to the logic. Thanks much.
I am curious. My husband was 80 percent disabled thru VA with 20 percent unemployability. Why as his spouse of 32 years am only recieving $1154? Am I not entitled to his benefit amount minus unemployability? And since it was service connected and partially VA responsibility due to suicide with drugs supplied by VA am I not recieving more help?
Loretta, DIC is a set entitlement crafted by Congress. If there are shortcomings, this would be a question for congressional inquiry. However, if your husband was entitled to individual unemployability for at least 8 years or more prior to his death, you should request an additional $246. Surviving spouses who are entitled to DIC benefits are also eligiblie for this additional benefit if they were married to the veteran for at least 8 years prior to death. DIC rates can also increase if the surviving spouse is housebound or in need of aid and attendance.