I'm 80% disabled and receiving VA benefits. When I die, will my spouse be eligible for any of my benefits?

2019-04-24T21:21:22-04:00

Response by SGM Bill Frazer made Apr 24 at 2019 9:22 PM

2019-04-24T21:22:41-04:00

Have you checked to see if she is listed as your beneficiary for anything VA connected?. See a VSO quick.

Response by PO1 Private RallyPoint Member made Apr 25 at 2019 8:15 AM

2019-04-25T08:15:38-04:00

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

dependent_survivor.asp

Response by 1SG Private RallyPoint Member made Apr 25 at 2019 10:04 AM

2019-04-25T10:04:11-04:00

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

Response by SPC William Simmonds, Esq. made Apr 25 at 2019 10:07 AM

2019-04-25T10:07:49-04:00

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.

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Response by LTC John Shaw made Apr 25 at 2019 10:12 AM

2019-04-25T10:12:37-04:00

The survivor pension is set by congress every year and it may not be enough to live on.
https://www.va.gov/pension/veterans-pension-rates/

VA Pension Rates for Veterans

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Response by PO1 Private RallyPoint Member made Apr 26 at 2019 1:44 AM

2019-04-26T01:44:54-04:00

Yes make sure you speak to a person that you trust that does claim paperwork

Response by PO2 Richard Rivera made Apr 26 at 2019 8:52 AM

2019-04-26T08:52:38-04:00

Thanks for comments.

Response by Sgt Martin Ballard made Apr 26 at 2019 12:14 PM

2019-04-26T12:14:52-04:00

Thanks to PO1 Danial D. below: https://www.va.gov/opa/persona/dependent_survivor.asp
This should answer your questions. However, SPC William Simmonds makes a good point as well. There are VSO's who will work hard for you but many are totally untrained paper-pushers. There are lawyers but depending on where you live, you might try an VA OCG-Accredited Claims Agent. OGC = Office of General Counsel. A list per state can be found at https://www.va.gov/ogc/accreditation.asp

dependent_survivor.asp

Response by Dianne Nowicki made May 8 at 2019 10:49 PM

2019-05-08T22:49:25-04:00

My husband passed away recently and I got s percentage of his disability. They also enrolled me in ChampVA Insurance and paid $2,000 toward his burial cost.

Response by SFC Jimmy Arocho made May 20 at 2019 3:49 PM

2019-05-20T15:49:18-04:00

https://benefits.va.gov/BENEFITS/factsheets/survivors/dic.pdf

dic.pdf

Response by PO1 Private RallyPoint Member made May 22 at 2019 4:22 AM

2019-05-22T04:22:07-04:00

Yes your spouse will be eligible for your VA benefits as far as I know to confirm this info call the person that prepared all your claims they can help with all your questions

Response by PO1 Private RallyPoint Member made May 22 at 2019 4:26 AM

2019-05-22T04:26:32-04:00

Give a call to the person that prepared any claims for you they will have answers to all the questions you have. As far as I know you spouse does receive any benefits if you pass away but call to make sure if there is any paper work that need to be filled out to protect you spouse

Response by PO3 Dan Wagoner made Nov 7 at 2021 12:09 AM

2021-11-07T00:09:30-04:00

I'm not exactly sure of the percentages but l do know anyone with a disability over 70% and they are married, the still keep the medical insurance so does any dependants... just went through this recently when adding my wife lol