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Benefits for Surviving Spouses

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Overview
Benefits for un-remarried surviving spouses are available under both the Compensation and Pension programs.

The definition of “surviving spouse" for VA purposes is a person of the opposite sex who had a valid marriage to the veteran and who was the spouse of the veteran at the time of the veteran's death; lived with the veteran continuously from the date of marriage to the date of the veteran's death except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse; and has generally not remarried or has not since the death of the veteran and after September 19, 1962, lived with another person of the opposite sex and held himself or herself out openly to the public to be the spouse of such other person. (38 C.F.R. §3.50).

Dependency Indemnity Compensation
  Compensation benefits for surviving spouses of Veterans is called Dependency Indemnity Compensation or DIC for short.  There are two kinds of DIC benefits.

·       Death DIC is a monthly payment made by the VA to a surviving spouse, child, or parent of a Veteran because of a service-connected death that occurred after December 31, 1956; or pursuant to the election of a surviving spouse, child, or parent, if the death occurred before January 1, 1957. (38 U.S.C. § 101(14)).

·       Disability DIC is a monthly payment made by the VA even though the Veteran died of non-service-connected causes. VA will pay death benefits to the surviving spouse or children in the same manner as if the veteran's death were service-connected, if the veteran's death was not the result of his or her own willful misconduct and at the time of death, the veteran was receiving, or was entitled to receive, compensation for service-connected disability that was rated by VA as totally disabling (100%) for a continuous period of at least 10 years immediately preceding death.  The VA will also award an additional stipend if the widow was married to the Veteran for at least 8 of the 10 years. (38 U.S.C. § 1318).

Death Pension
Pension for surviving spouses of wartime Veterans is called “Improved Death Pension.”  Death Pension is a monthly benefit paid by VA to a Veteran's surviving spouse or dependent child because of the Veteran's non-service connected death. Basic entitlement to Death Pension exists if: the veteran had qualifying wartime military service; or the Veteran was, at the time of death, receiving or entitled to receive compensation or retired pay for a service-connected disability based on service during a period of war; and the surviving spouse or dependent child meets the net worth and annual income requirements required in law.



Legal Notices
Copyright with all rights reserved. EVLAG, 2015

Nothing contained on this site should be construed as an offer of legal services or offer to represent before the Department of Veterans Affairs.  The information contained herein is presented for educational purposes only.  Inquiries concerning our legal services should be made to our offices at 1-800-878-2149.  The individuals pictured on this site are not actual clients of EVLAG. 

​Elder Veterans Legal Aid Group, P.C. is the law firm of James J. Ramsey, Esq. Mr. Ramsey is licensed to practice law by the Supreme Court of the State of Tennessee and holds accreditation from the General Counsel of the Department of Veterans Affairs. Our mailing address is 2817 West End Ave., Suite 160-278, Nashville, Tennessee 37209. Our main telephone number is 615-800-8947.
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