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Benefits for Survivors

Dependency and Indemnity Compensation Death Due to Service-Connected Disability Dependency and Indemnity Compensation (DIC) payments are authorized for surviving spouses, unmarried children under 18 (as well as certain helpless children and those between 18 and 23 if attending a VA-approved school), and certain parents of service personnel or veterans who died from: (a) a disease or injury incurred or aggravated in line of duty while on active duty or active duty for training; or (b) an injury incurred or aggravated in line of duty while on inactive duty training; or (c) a disability compensable by VA. Death cannot be the result of willful misconduct.

Death Due to a Nonservice-Connected Cause

DIC payments also are authorized for surviving spouses, unmarried children under 18 (as well as certain helpless children and those between 18 and 23 if attending a VA-approved school), of certain veterans who were totally service-connected disabled at time of death but whose deaths were not the result of their service-connected disability, if: (1) the veteran was continuously rated totally disabled for a period of 10 or more years or (2) if the veteran was rated for less than 10 years, was so rated for a period of not less than five years from the date of discharge from military service. Payments under this provision are subject to offset by the amount received from judicial proceedings brought on account of the veteran's death.

If death occurred after service, the veteran's discharge must have been under conditions other than dishonorable.

Definition of Surviving Spouse

Date of Marriage--To qualify, a surviving spouse generally must have been married to the veteran one year or more, or for any period of time if a child was born of the union. Residence with Veteran--The surviving spouse must have lived continuously with the veteran from the time of marriage until the veteran's death, except where there was a separation not due to the fault of the surviving spouse.

Surviving Spouse Remarriage--Remarriage makes a surviving spouse ineligible based on the death of that veteran unless the remarriage is made void or is annulled by a court. A surviving spouse may also be ineligible if, after the death of the veteran, the spouse has lived with another man or woman and held herself or himself out openly to the public to be the spouse. Deemed-Valid Marriage--If she or he meets the other qualifications, a spouse who married a veteran without knowing that a legal impediment to the marriage existed may be eligible for compensation.

DIC Payments to Surviving Spouse

Effective Jan. 1, 1993, all surviving spouses of veterans who died on or after that date will receive $750 a month. An additional $165 a month will supplement the basic rate if the deceased veteran had been entitled to receive 100 percent service-connected compensation for at least eight years immediately preceding death. For a surviving spouse entitled to DIC based on the veterans's death prior to Jan. 1, 1993, the amount paid will be the greater of the rates listed or the amount based on the veteran's pay grade as given in the following table.

DIC Rate 
Pay grade Monthly rate
E-1 $ 634
E-2 654
E-3 672
E-4 714
W-1 803
W-2 835
W-3 860
W-4 911
0-6 1,168
0-7 1,262
0-8 1,383
0-9 1,483
0-10* 1,627
There may be special rates for individuals in these pay grades 
There are additional payments for children. The monthly DIC rates for parents depend upon the income of the parents and whether there is only one parent, two parents not living together or two parents together or remarried. The income limit for two parents together or remarried and with spouse is $11,653; the limit for one parent or two parents not together is $8,667.

Aid and Attendance

Surviving spouses and parents receiving DIC may be granted a special allowance to pay for aid and attendance if they are patients in a nursing home or require the regular assistance of another person. The allowance is $191 monthly, in addition to the DIC rate for a surviving spouse, and $192 monthly additional for a parent receiving DIC.

Housebound

Surviving spouses receiving DIC who are not so disabled as to require the regular aid and attendance of another person but who, due to disability, are permanently housebound may be granted a special allowance of $93 a month in addition to the DIC rate. Reinstated Entitlement Program for Survivors (REPS)

Certain survivors of veterans who died of service-connected causes incurred or aggravated prior to Aug. 13, 1981, are eligible for benefits. The benefits are similar to the benefits for students and surviving spouses with children between ages 16 and 18 which were eliminated from Social Security benefits. The benefits are payable in addition to any other benefits to which the family may also be entitled. The amount of benefits is based on information obtained from the Social Security Administration.

Death Compensation Relating to Deaths Before Jan. 1, 1957

Death compensation payments are authorized for surviving spouses, helpless children, and dependent parents of servicepersons or veterans who died before Jan. 1, 1957, from a service-connected cause not the result of willful misconduct. Survivors with eligibility for death compensation benefits may elect instead to receive DIC benefits. Generally the DIC benefits will pay greater rates, especially for surviving spouses and children. More specific information about death compensation benefits may be obtained from the nearest VA regional office. If a survivor has eligibility for both death compensation and DIC, the VA office processing the claim will notify the survivor about the dual entitlement.

Nonservice-Connected Death Pension

Surviving spouses and unmarried children under age 18--or until age 23 if attending a VA-approved school--of deceased veterans with wartime service may be eligible for a nonservice-connected pension based on need. Pension is not payable to those with estates large enough to provide maintenance.

The veteran must have had 90 days of wartime service, unless discharged or retired for service-connected disability, and been discharged under conditions other than dishonorable. !f the veteran died in service not in line of duty, benefits may be payable if the veteran had completed at least two years of honorable active service.

Qualified children who became permanently incapable of self-support because of a mental or physical defect before reaching age 18 may receive a pension as long as the condition exists or until they marry. A surviving spouse who is a patient in a nursing home or is in need of the regular aid and attendance of another person, or is permanently housebound may be entitled to higher income limitations or additional benefits, depending upon the type of pension received.

Definition of Surviving Spouse

Date of Marriage--The spouse must have married the veteran at least one year prior to the veteran's death. unless a child resulted from the union.

Residence with Veteran--The spouse must have lived continuously with the veteran from the time of marriage until the veteran's death, unless there was a separation not due to the fault of the surviving spouse.

Remarriage--Remarriage following the death of the veteran makes the surviving spouse ineligible for pension unless the remarriage is made void or is annulled by a court. A surviving spouse also may be ineligible if after the death of the veteran the spouse lived with another and was held out openly to the public to be the spouse.

Deemed-Valid Marriages--A spouse may be eligible for pension if married to the veteran without knowing that a legal impediment to the marriage existed.

Benefits

The Improved Pension program provides a monthly payment to bring an eligible person's income to a support level that has been established by law. This support level is reduced by the annual income from other sources such as Social Security that may be payable to the surviving spouse or dependent children. Countable income may be reduced by certain unreimbursed medical expenses. Pension is not payable to those who have assets that can be used to provide adequate maintenance.

Improved Pension Annual Income 
Surviving spouse with no dependent children $5,106
Surviving spouse with one dependent child $6,689
Surviving spouse in need of regular aid and
attendance with no dependent child $8,167
Surviving spouse in need of regular aid and
attendance with one dependent child $9,746
Surviving spouse permanently housebound
with no dependent child $6,243
Surviving spouse permanently housebound
with one dependent child $7,822
Increase for each additional dependent child $1,296
Pension rates for surviving children: for each child
Montgomery G.I. Bill (Active Duty) Death Benefit 
VA will pay a death benefit to a designated survivor if the serviceperson's death is in service or within one year after discharge or release, and is service connected, if the serviceperson was participating in the Montgomery G.I. Bill at time of death.

The death benefit also will be paid if the serviceperson would have been eligible to participate but for the high school diploma requirement and the length-of-service requirement. The amount paid will be equal to the participant's actual military pay reduction less any education benefits paid or any accrued benefits.

Survivors' and Dependents' Education

 

Eligibility

Educational assistance benefits are available to spouses and children of:
(a) Veterans who died, or are permanently and totally disabled, as the result of a disability arising from active service in the Armed Forces.
(b) Veterans who died from any cause while rated permanently and totally disabled from service-connected disability.
(c) Servicepersons currently missing in action or captured in line of duty by a hostile force.
(d) Servicepersons presently detained or interned in line of duty by a foreign government or power.
Education and Training Available

Benefits may be awarded for pursuit of associate, bachelor or graduate degrees at colleges and universities--including independent study, cooperative training and study abroad programs. Courses leading to a certificate or diploma from business, technical or vocational schools also may be taken. Benefits also may be awarded for apprenticeships, on-job training programs and farm cooperative courses. Benefits for correspondence courses are available to spouses only. Secondary-school programs may be pursued if the individual is not a high-school graduate. An individual with a deficiency in a subject also may receive tutorial assistance benefits if enrolled half-time or more. Remedial, deficiency and refresher training also may be available.

Special Benefits

An eligible child with a physical or mental disability that impairs pursuit of an educational program, a special vocational or another appropriate program may receive special restorative training to lessen or overcome that impairment. This training may include speech and voice correction, language retraining, lip reading, auditory training, Braille reading and writing, and similar programs. Specialized vocational training also is available to an eligible spouse or child over age 14 who is handicapped by a physical or mental disability that prevents pursuit of an educational program.

Counseling Services

VA will provide counseling services, including testing, to help an eligible dependent select an educational or vocational objective, develop a plan to achieve it, and overcome any problems interfering with successful achievement.

Payments

Payments are made monthly. The full-time rate is $404 a month for full-time school attendance, with lesser amounts for part-time training. A person may receive educational assistance for up to 45 months, or the equivalent in part-time training.

Period of Eligibility

Benefits to a spouse end 10 years from the date VA first finds the individual eligible. VA may grant an extension of this period if a physical or mental disability prevented the individual from using some portion of the education benefits. The disability must occur during the individual's 10-year period of eligibility. Children generally must be between the ages of 18 and 26 to receive benefits. Extensions may be granted, including those for time the child spends on active duty. No extension can go beyond the individual's 31st birthday.

Work-Study

To receive work-study benefits, participants must train at the three-quarter or full-time rate. Participants will be paid in advance for the first 50 hours of each work-study contract or 40 percent of the amount specified in the work-study agreement, or an amount equal to 50 times the applicable minimum wage, whichever is less. Work-study may include outreach services under the supervision of a VA employee, preparing and processing VA paperwork, working at a VA medical facility, or performing other approved activities.

Educational Loans

Loans are available to dependents who qualify for Survivors' and Dependents' Educational Assistance benefits. Survivors and dependents who have passed their 10-year period of eligibility and who have remaining entitlement may be eligible for an educational loan. During the first two years after the end of their eligibility period they may borrow up to $2,500 per academic year to continue a full-time course leading to a college degree or to a professional or vocational objective which requires at least six months to complete. VA may waive the six-month requirement. The loan program is based on financial need.

Home Loan Guaranties

A GI loan guaranty to acquire a home may be available to an unremarried spouse of a veteran or serviceperson who served after Sept. 16, 1940, and who died as a result of service-connected disabilities, or to a spouse of a serviceperson who has been officially listed as missing in action or as a prisoner of war for more than 90 days. Spouses of those listed as POW or MIA are limited to one loan.