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Can I Receive My Spouse’s VA Disability If He Dies?

VA Disability benefits VA disability lawyerA surviving spouse can sometimes qualify for disability compensation through the VA. This type of benefit is called Dependency and Indemnity Compensation (VA DIC). As explained by the U.S. Department of Veterans Affairs (VA), VA DIC is a “tax-free monetary benefit” available to a “surviving spouse, child, or parent of a service member who died in the line of duty, or the survivor of a Veteran who died from a service-related injury or illness.” Here, our Chicago metropolitan region and State of Illinois VA disability lawyer highlights four (4) key things you should know about qualifying survivor’s benefits through Veterans Affairs. Our attorneys handle Dependency and Indemnity Compensation (DIC) and Veteran service-connected disability claims.

  • VA DIC Eligibility Through a Military Veteran Spouse

To qualify for VA disability benefits through a deceased spouse, an applicant must meet certain basic standards. The federal government will only consider you eligible for Dependency and Indemnity Compensation (DIC) if your military veteran spouse: 

  • Died while on active duty
  • Died as a result of a service-related injury/illness
  • Died while on VA disability compensation for at least ten years (only five years if your military veteran spouse went on VA disability directly after discharge)
  • How Veterans Affairs Defines “Surviving Spouse”

The definition of “surviving spouse” is not always so straightforward. You will qualify as a surviving spouse for the purposes of VA DIC benefits if you were: 

  • Married for at least one year
  • Married for any amount of time if your spouse died while on active duty
  • Technically unmarried, but shared a child with the deceased veteran and were cohabitating at the time of their passing
  • Remarriage and VA DIC Benefits (Your Age Matters)

The impact that remarriage will have on your VA DIC eligibility depends on your age. If you were remarried before your 57th birthday, you are generally ineligible to file for VA DIC benefits. If you were remarried after your 57th birthday, you typically can still file for VA DIC benefits. 

Note: If your VA DIC benefits were cut off because of remarriage, but the subsequent marriage ended due to death, divorce, or annulment, you have the right to file for the reinstatement of your DIC benefits.  

DIC Benefits for 2021: $1,357.56 Per Month

As reported by Military.com, Dependency and Indemnity Compensation (DIC) benefits will increase by 1.3 percent in 2021. The monthly benefit is now a tax-free amount of $1,357.56 per month. For surviving spouses who have minor children, an additional monthly benefit is available for each child. 

Call Our Chicago Metropolitan Region and State of Illinois Area VA Disability Benefits Attorney for Immediate Help 

At Harold W. Conick & Associates Ltd., our Chicago Metropolitan Region and State of Illinois VA disability attorney is a reliable, experienced advocate for clients and their families. If you have any questions about veteran’s benefits through a deceased spouse, we can help. Contact us now for your free, no-commitment initial consultation. From our Lisle office, we provide veterans disability claim services throughout the region.