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Does the surviving spouse get their spouse's VA disability benefits when they die?

Posted on 4/2/24 at 12:46 pm
Posted by Ray Finkle
Collier county
Member since Sep 2007
1653 posts
Posted on 4/2/24 at 12:46 pm
I was reading up on this and was told by someone that when the person getting the benefits dies, the surviving spouse will automatically receive them..or at least part of what they were receiving.

But it looks like if the surviving spouse makes over a certain limit set by congress, then they wouldn't be eligible. FYI the amount is only like $23,000.

Just would like some clarification. Thanks
This post was edited on 4/2/24 at 12:49 pm
Posted by Cassandra
Member since Jun 2021
47 posts
Posted on 4/2/24 at 1:11 pm to
When the veteran dies the VA kills the surviving spouse and buries them in the same grave as the service member free of charge.

But seriously, best advice is to find and seek the assistance of a local VA service officer (experiences may vary), veteran who has used extensive VA benefits, or visit a “vet center” and see if they have help. Local congressmen are usually pretty helpful for issues as well because it’s an easy PR stunt for them.

The VA can and does provide some fantastic and generous benefits but navigating the process is the hard part. Best of luck helping your parents or whoever.

ETA:
I’m also fairly convinced that anything is possible with the VA depending on how persistent and compelling the claimant can be. I hate the massive fraud that some veterans are committing for benefits but for legitimate cases I’d recommend asking for whatever you think you can make a compelling argument for. Then when they deny it, be a big enough pain in the arse to get someone in the bureaucratic leviathan to make it happen.
This post was edited on 4/2/24 at 1:17 pm
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
42544 posts
Posted on 4/2/24 at 1:18 pm to
I believe the surviving spouse is only entitled if the death is related to the disability/service connection.

Best thing to do is to apply for aid and attendance widow's pension (currently $1,500/mo tax free)
Posted by SDVTiger
Cabo San Lucas
Member since Nov 2011
74273 posts
Posted on 4/2/24 at 2:21 pm to
Most cases no
Posted by Ray Finkle
Collier county
Member since Sep 2007
1653 posts
Posted on 4/2/24 at 2:45 pm to
Thanks all.

A few years ago I new a a couple and the guy told the girl they should get married because if something happens to him, she'll get his benefits. I think it was a ploy to get her to marry him, have kids and be stuck.
Posted by Tigerroc
Member since Jun 2017
259 posts
Posted on 4/3/24 at 7:27 am to
My dad got pension and mom got it after his death and submitting their “history” of paperwork. VA held some of her first few checks because of her diagnosis, dementia. I had to be declared a fiduciary to handle the money. However, I had been Handling their estate for several years as POA. We got Aid & Attendance for both of them.
Posted by bubba102105
Member since Aug 2017
447 posts
Posted on 4/3/24 at 12:12 pm to
quote:

I believe the surviving spouse is only entitled if the death is related to the disability/service connection.


That is correct. If the death was more likely than not caused by the service-connected disability, then compensation would be available to the spouse. I'm sure there's the whole burden of proof given how much of a PIA the VA is, but it could be a possibility but not a given.
Posted by TorchtheFlyingTiger
1st coast
Member since Jan 2008
2136 posts
Posted on 4/3/24 at 7:26 pm to
Reddit r/veteransbenefits is a great resource for navigating VA benefits https://www.reddit.com/r/VeteransBenefits/
Posted by TorchtheFlyingTiger
1st coast
Member since Jan 2008
2136 posts
Posted on 4/3/24 at 7:31 pm to
This is probably what you're looking for
quote:

The Dependency and Indemnity Compensation (DIC) program provides monthly benefits to surviving spouses and dependent children in recognition of the economic loss caused by a Servicemember’s death during military service, or by the death of a Veteran as a result of a service-connected disability. VA also pays these benefits to the survivors of a Veteran whose death is not service-connected, but who was rated by VA as being totally disabled due to a service-connected disability for a specified period of time immediately preceding death.

VA.gov
Posted by Ray Finkle
Collier county
Member since Sep 2007
1653 posts
Posted on 4/3/24 at 8:01 pm to
Say the vet is 50….What if the surviving spouse, 45 years old, has a normal job, making 60+ a year and the vet passes away due to an accident? Do they get anything?
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
42544 posts
Posted on 4/3/24 at 8:11 pm to
Was the death due to service or a disability caused by the member's service? If no, then she wouldn't be eligible
Posted by TorchtheFlyingTiger
1st coast
Member since Jan 2008
2136 posts
Posted on 4/3/24 at 8:48 pm to
I doubt she qualifies for monthly disability unless the accident is attributed to his service connected disability or
quote:

If the Veteran’s eligibility was due to a rating of totally disabling, they must have had this rating:

For at least 10 years before their death, or

Since their release from active duty and for at least 5 years immediately before their death, or

For at least 1 year before their death if they were a former prisoner of war who died after September 30, 1999

Note: “Totally disabling” means the Veteran’s injuries made it impossible for them to work.



I'm just learning about this VA stuff though. There are some experts including VA employees that are eager to help on reddit. I'd ask there.
This post was edited on 4/3/24 at 8:49 pm
Posted by Drizzt
Cimmeria
Member since Aug 2013
12943 posts
Posted on 4/3/24 at 10:14 pm to
If you are 100% service connected the surviving spouse keeps getting paid. Kids college is free to at 100%. It’s a scam for most but lucrative.
Posted by TorchtheFlyingTiger
1st coast
Member since Jan 2008
2136 posts
Posted on 4/3/24 at 11:49 pm to
According to the VA website the criteria is "totally disabling" meaning unable to work which is different than the language for 100% permanent/total which is a combined rating of all disabilities and no relevance of working ability. I'm unsure if that makes a difference though as everything I've read seems to indicate a combined 100% rating also qualifies w or without unemployability.

I wouldnt call it "a scam for most". It is compensation for all the health issues related to years of military service. People dont understand the criteria and misconstrue that it is similar to SS disability and somehow implies an inability to work.
This post was edited on 4/4/24 at 12:11 am
Posted by Drizzt
Cimmeria
Member since Aug 2013
12943 posts
Posted on 4/4/24 at 8:47 am to
Unemployability is separate from 100% service connection. You get extra tax free money for unemployability. I see people apply for unemployability all the time when they retire. I say “sir, you are 75 years old and just retired. That is not unemployable just because you stopped working.” And it’s definitely a scam for most. I see these cases all the time.
This post was edited on 4/4/24 at 8:48 am
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