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Will My Spouse Receive My VA Disability When I Die?

spouse

Will My Spouse Receive My VA Disability When I Die? 

VA disability benefits are for disabled veterans. Neither your surviving spouse nor any dependent children you may have will continue to receive your disability benefits when you are no longer with them. However, the news isn’t all bad. Though your family won’t receive VA disability benefits, they may be entitled to other benefits. 

VA Benefits for Survivors of Disabled Veterans

Not every survivor of a VA disability benefits recipient is entitled to benefits. The main benefit that may be available to the surviving spouse of a disabled veteran is Dependency and Indemnity Compensation (DIC). DIC is a monthly monetary benefit. In 2024, the base amount of this benefit is $1,612.75 for most surviving spouses. In some circumstances–described below–the amount of benefits may be different. 

Who Can Get DIC Benefits? 

The surviving spouse of a veteran who was receiving VA disability benefits may be entitled to DIC benefits if they fulfill each of the following criteria:

  • The veteran died of a service-connected condition, OR
  • The veteran had been rated totally disabled by the VA for at least 10 years prior to their death, OR
  • The veteran had been rated totally disabled since their release from active duty and for at least five years prior to their death, OR
  • The veteran had been rated totally disabled for at least one year prior to their death, if they were a former prisoner of war (POW) and died after September 30, 1999, AND
  • They lived continuously with the deceased veteran until their death, or if the couple was separated the surviving spouse was not at fault, AND
  • They meet one of these three conditions: 
    • They married the veteran within 15 years of discharge from the military, and the qualifying illness or injury started or worsened during that time, OR
    • They were married to the veteran for at least one year, OR
    • They have a child with the veteran–in some cases, even if the survivor and the deceased veteran were not legally married, AND

In most situations, a surviving spouse who remarries will lose DIC benefits. However, there are some exceptions. A surviving spouse who remarries or remarried after January 5, 2021, and is or was at least 55 years of age at the time of remarriage remains eligible for DIC benefits. If the surviving spouse remarried between December 16, 2003, and January 4, 2021, they would need to have been at least 57 years old at the time of remarriage to continue receiving benefits. A surviving spouse who remarries before the minimum age does not get their benefits reinstated when they reach the required age–those benefits are permanently forfeited. The one exception is that if the widow or widower of a disabled veteran is receiving DIC benefits and loses them due to remarriage, they may be able to get benefits reinstated if the new marriage ends. That could mean that the new spouse died, that the marriage was annulled, or that the marriage ended in divorce. 

How Much Can a Surviving Spouse Get in DIC Benefits? 

The base rate of $1,612.75/month mentioned above applies to qualified surviving spouses of veterans who died on or after January 1, 1993. However, the spouse may receive certain add-on benefits. For example: 

  • If the veteran was rated totally disabled (including TDIU) for at least 8 years prior to their death and the surviving spouse was married to them during that full period, an additional benefit of $342.46/month is available.
  • If the surviving spouse requires help with daily activities like dressing, bathing and feeding themselves due to a disability, they may qualify for Aid and Attendance, which increases the monthly benefit by $399.54. 
  • If there are children under the age of 18, there are two different amounts added to the base monthly DIC benefit: 
    • A transitional benefit of $342.00/month, which is added to benefits for two years after the veteran’s death, and
    • A monthly benefit of $399.54/month for each eligible child

As you can see, these add-ons can make a significant difference in the total amount of benefits a surviving spouse receives. For example, a surviving spouse who meets the 8-year requirements and has three children under the age of 18 at home, in the first two years following the veteran’s death would receive: 

  • $1,612.75 base benefit
  • $342.46 for the 8-year rule 
  • $342.00 in transitional benefits
  • $399.54 x 3 ($1,198.62) for the three eligible children

That’s a total of $3,45.83/month. These benefits are not subject to federal income tax. 

Other Benefits for Surviving Spouses

Depending on various characteristics of the deceased veteran and the qualifications of the surviving spouse, the widow or widower of a disabled veteran may be entitled to other benefits, including: 

Criteria differs by program, so it can be difficult to determine which benefits you may or may not qualify for. It can be even tougher to figure out what type of documentation may be required to establish that you’re entitled to benefits, or how to obtain and submit that documentation. 

Contact Disabled Vets Today

At Disabled Vets, we fight for disabled veterans and their families every day. Our experienced advocates have deep knowledge of the seemingly endless maze of benefits that may be available to disabled veterans and surviving family members, how those benefits work together, and when one type of benefit will preclude receiving another. Most importantly, we know how the process works, whether you’re just preparing to file a claim, have realized that you may not be receiving all of the benefits you deserve, or need to appeal a negative determination. 

To learn more about how we can help, call us today at 888-373-4722, or fill out our contact form here. 

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