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Home » News » Can your spouse claim your VA Disability pension after you die? What is dependency?

Can your spouse claim your VA Disability pension after you die? What is dependency?

  • / Updated:
  • Staff Report 

The loss of a veteran spouse brings both emotional and financial challenges, often leaving surviving partners wondering if they can inherit VA disability compensation. While a veteran’s VA disability benefits do not transfer directly after death, the U.S. Department of Veterans Affairs (VA) offers Dependency and Indemnity Compensation (DIC)—a tax-free monthly benefit for eligible survivors.

What Is Dependency and Indemnity Compensation (DIC)?

DIC provides financial support to dependents of veterans whose death resulted from a service-connected injury or illness. Additionally, spouses may qualify if the veteran had a service-connected disability rated as “totally disabling” for specific periods before passing.

As of 2024, the standard DIC monthly payment is $1,612.74, though this amount may change based on Congress-approved cost-of-living adjustments (COLA).


Who Is Eligible for DIC?

To qualify for DIC, spouses must meet specific requirements:

  • They must have been married to the veteran for at least one year or have had children together.
  • The marriage must have occurred within 15 years of the veteran’s discharge.
  • The spouse must have lived continuously with the veteran until death unless separated for reasons not deemed their fault.

Additionally, spouses who remarry after age 57 can retain their DIC benefits. Children under 18 years old (or under 23 if enrolled in school) and certain parents with limited income may also qualify.

What If the Veteran’s Death Was Not Service-Connected?

If the veteran’s death was not directly related to military service, spouses might still qualify for DIC if the veteran had:

  • A “totally disabling” service-connected disability for at least 10 years before death.
  • A disability rated totally disabling for at least five years after discharge.
  • For former prisoners of war, the disability must have been in place for one year post-September 30, 1999.

How Does Remarriage Affect DIC Eligibility?

Remarriage before age 57 typically results in the loss of DIC benefits. However, spouses who remarry at or after age 57 can retain their compensation.

How to Apply for DIC Benefits

Surviving spouses and dependents can apply using VA Form 21P-534EZ, while parents must use VA Form 21P-535. For active-duty deaths, military casualty officers assist with the application process. Required documentation includes:

  • Military service records
  • Medical evidence linking the veteran’s death to a service-connected disability

The PACT Act has expanded eligibility, allowing previously denied claims to be re-evaluated. Survivors are encouraged to reapply if they believe they now qualify under updated guidelines.

Final Thoughts

DIC offers essential financial relief for surviving spouses and dependents of veterans. To ensure you receive the benefits you deserve, review your eligibility carefully and consult official VA resources or a veterans’ benefits advisor.

For more information, visit the official VA website.



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