Nationwide Attorneys Fighting for Veterans’ Benefits for Children

Our lawyers proudly work for the families of fallen heroes

The heroes of our armed forces have enough stress in their lives without worrying about their children’s futures should the unthinkable happen. Children of a deceased service member are eligible for survivor’s benefits. The Survivor’s Dependency and Indemnity Compensation program can be incredibly beneficial for children who are not being supported by a surviving spouse already receiving DIC program benefits, especially if attending school or college. If you think are eligible for survivors’ benefits as the child of a fallen service member, the experienced attorneys of Marcari, Russotto, Spencer & Balaban can help.

What are the basic requirements for children to be eligible to receive VA survivor’s benefits?

To qualify, a child must not be included on the surviving spouse’s DIC benefits, and must:

  • Be unmarried and under the age of 18 or
  • Between 18 and 23 and attending school

If you meet either of these requirements, you should speak with an experienced lawyer about your eligibility to receive veteran’s benefits for children. Independent children attending school are eligible for up to $255 of assistance, while independent children not in school may receive as much as $513.

Are children eligible to receive the veterans' death pension?

The death pension is a benefit paid to eligible dependents of deceased wartime veterans. You may be eligible if the deceased veteran was discharged from service under other than dishonorable conditions and he or she served 90 days or more of active duty with at least one day during a period of wartime. You must also be the surviving spouse or unmarried child of the deceased veteran and your countable income is below a yearly limit set by law.

Please note that federal law requires that anyone who enlisted after September 7, 1980 generally had to serve at least 24 months or the full period for which a person was called or ordered to active duty in order to receive any benefits based on that period of service. That requirement was modified with the start of the Gulf War in 1991, so consult an attorney regarding your eligibility.

We must stress that an experienced attorney can greatly aid the process. Our founding partner, Don Marcari, proudly served in the Navy JAG Corps and knows what service members and military family have to endure. Let us help you get access to the survivors' benefits your family has earned.

Contact us if you think you qualify for VA survivor’s benefits for a free initial consultation!

If your mother or father lost their life while in the service of their country, Marcari, Russotto, Spencer & Balaban can help you determine if you qualify for survivors’ benefits and will guide you through the process. If you are a North Carolina or Virginia resident and you think you may be eligible for VA survivor’s benefits, call us at 866-866-VETS or contact us online. You pay nothing until your case is resolved and you received compensation.