Posted on Apr 24, 2019
I'm 80% disabled and receiving VA benefits. When I die, will my spouse be eligible for any of my benefits?
7.68K
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Benefits
Department of Veterans Affairs (VA)
Disability
Spouse
Posted >1 y ago
Responses: 13
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Hi Richard:
I'll save you the trip to the VSO for misinformation.
Whether or not your spouse will be eligible for benefits depends on the facts of your particular situation. Should you die from any of your service-connected disabilities, your spouse will be entitled to DIC (Dependent Indemnity Compensation). However, if you die from something other than your service-connected disabilities (and there is no way to connect your death to your service connection via creative lawyering), your spouse's only avenue for benefits would be via pension benefits. These are reserved for the poorest of individuals and is dependent upon his or her net worth/income upon your death. Having rated hundreds of pension claims, if you have more than Social Security benefit income levels, he or she will not qualify. Tough news, I know. But there are some resources out there.
My Veterans/former VA rater teammates and I are changing the way Veterans approach attorneys and Veterans benefits. We help Veterans maximize their entitled benefits every day--and nearly always our services pay for themselves. Check out http://www.vahelp.claims to see if we can't find you more benefits to which you are entitled.
I'll save you the trip to the VSO for misinformation.
Whether or not your spouse will be eligible for benefits depends on the facts of your particular situation. Should you die from any of your service-connected disabilities, your spouse will be entitled to DIC (Dependent Indemnity Compensation). However, if you die from something other than your service-connected disabilities (and there is no way to connect your death to your service connection via creative lawyering), your spouse's only avenue for benefits would be via pension benefits. These are reserved for the poorest of individuals and is dependent upon his or her net worth/income upon your death. Having rated hundreds of pension claims, if you have more than Social Security benefit income levels, he or she will not qualify. Tough news, I know. But there are some resources out there.
My Veterans/former VA rater teammates and I are changing the way Veterans approach attorneys and Veterans benefits. We help Veterans maximize their entitled benefits every day--and nearly always our services pay for themselves. Check out http://www.vahelp.claims to see if we can't find you more benefits to which you are entitled.
Veterans Law Attorney | Veterans Legal Advocates | United States
We're passionate about helping America's Veterans securethe disability benefits they deserve. Founded by a Veteran, former VA employee, and attorney, Veterans Legal Advocates provides real disability benefit advocacyservices to deserving Veterans across the United States.
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SPC William Simmonds, Esq.
Hey, Bob, if you had the evidence that I have regarding VSOs and historical success rates for the Veterans’ claims that they serve...... you’d be dogging the VSOs as well.
Could it really be that a Veteran would be more successful self-advocating versus utilizing the VSOs over the last 20 years??? You betcha.
MSgt Bob Counter
Could it really be that a Veteran would be more successful self-advocating versus utilizing the VSOs over the last 20 years??? You betcha.
MSgt Bob Counter
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She would get a month of death payment for your final month of Compensation.
Whether she can get additional money after you die is contingent on two things.
If you succumb to service connected issue(s) she can get DIC by applying for it.
If not, she might be eligible for Survivors Pension if her income minus health care expenses is below a certain amount.
Both can be applied for after you pass by sending in a VA 21-534EZ
Whether she can get additional money after you die is contingent on two things.
If you succumb to service connected issue(s) she can get DIC by applying for it.
If not, she might be eligible for Survivors Pension if her income minus health care expenses is below a certain amount.
Both can be applied for after you pass by sending in a VA 21-534EZ
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1SG Eddie Smith
MSG Robert Conrad - great point Robert and so true, "Benefit Poachers". Find a GOOD VSO who cares, their services are free.
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See these: https://www.va.gov/opa/persona/dependent_survivor.asp
If you spouse will end up as low income - and I don't know how they define that - see also about a pension for her at https://www.benefits.va.gov/pension/spousepen.asp
It would be good to plan ahead and be informed, and ask the VA about whether she might need any kind of power of attorney in your later years if you may get into a condition where you can not make complicated decisions.
Also if one or both of you have Social Security benefits accrued, if you have more that you would get when eligible than she would, she would probably be able to collect some of your SS benefits, at least while she is not remarried.
Good luck, and more years of enjoyable health
If you spouse will end up as low income - and I don't know how they define that - see also about a pension for her at https://www.benefits.va.gov/pension/spousepen.asp
It would be good to plan ahead and be informed, and ask the VA about whether she might need any kind of power of attorney in your later years if you may get into a condition where you can not make complicated decisions.
Also if one or both of you have Social Security benefits accrued, if you have more that you would get when eligible than she would, she would probably be able to collect some of your SS benefits, at least while she is not remarried.
Good luck, and more years of enjoyable health
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