Search Site
Menu
Is My Spouse Eligible to Receive My VA Disability Compensation If I Die?

If you are a disabled veteran and your family is dependent upon your VA benefits, you may be wondering what happens to those benefits if you die. Your veterans’ disability benefits only continue while you are alive to receive them. However, your surviving spouse may be eligible for survivor benefits known as Dependency and Indemnity Compensation (DIC), a tax-free monetary benefit, if your death results from your service-related injury or illness.

According to the Department of Veterans Affairs, commonly called the Veterans Administration, a surviving spouse must meet these requirements to qualify for DIC:

“The surviving spouse was:

  • Married to a Servicemember who died on active duty, active duty for training, or inactive duty training, OR
  • Validly married the Veteran before January 1, 1957, OR
  • Married the Veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the Veteran’s death began or was aggravated, OR
  • Was married to the Veteran for at least one year, OR
  • Had a child with the Veteran, AND
  • Cohabited with the Veteran continuously until the Veteran’s death or, if separated, was not at fault for the separation, AND
  • Is not currently remarried.

“Note: A surviving spouse who remarries on or after December 16, 2003, and on or after attaining age 57, is entitled to continue to receive DIC.”

It is not always easy to determine whether a surviving spouse meets the eligibility requirements. And even if eligible, many spouses find it difficult to complete the application. Working with an accredited attorney can greatly improve an applicant’s chances of getting proper consideration.

At Marcari, Russotto, Spencer & Balaban, we’re determined to see all veterans and their dependents get the benefits they deserve in a timely manner. If you have questions about DIC, our dedicated veterans’ benefits attorneys have the appropriate knowledge to provide complete answers. Call us from anywhere in the nation at 866-866-VETS or contact our office online.

Leave a Reply

Your email address will not be published. Required fields are marked *

Reviews
  • Thank to Mr. Spencer I was able to get my VA disability claim re-reviewed and given another chance to receive disability. By far he is one of the most professional lawyers I have ever dealt with. So Veterans if you are looking for help with your VA disability claim I would suggest that you hire Macari, Russotto, Spencer, & Balaban. Thanks again for everything.

    — Alfred Daye

  • As a disabled veteran trying to navigate the complexities of the Veterans Administrations regulations, I turned to the law firm of Marcari, Russotto, Spencer and Balaban. They helped me understand what I needed to do and prepared and presented to the VA an excellent presentation of my case. I recommend them for your legal needs.

    — Harry Johnson

  • I was very satisfied with the excellent and professional manner the law firm handled my claim. I highly recommend any veteran who needs help with his or her claim to use Marcari, Russotto, Spencer & Balaban P.C. Special thanks to Mr Spencer for being very professional and courteous during the appeal process. Again Thanks to the entire firm for a job well done!

    — Luther Henderson

  • My husband & I highly recommend this law form to any veteran trying to navigate the endless red tape of the VA. We turned to Marcari, Russotto, Spencer & Balaban to handle my husband's appeal and could not have been happier. We enjoyed open and consistent communication regarding our case. Any questions we had were answered immediately.

    — Michele DeZayas

  • Amanda Medina-Morales was our point of contact and she kept us up to date on the progress of our case. It was a pleasure and relief knowing that someone truly competent and professional was handling this and fighting for us.

    — Michele DeZayas

Contact us

Quick Contact Form