Written By Spring 2024 M-VETS Student Advisor Jacob Frankson.

The benefits given to servicemembers and veterans extends beyond just them and to their families as well. This includes even after they have passed away. But to the widow or the child of a veteran who has passed away, what benefits are they entitled to, and how do they go about attaining them? Below are some of the more common benefits that are sought.

• Dependency and Indemnity Compensation (“DIC”)

What is it? DIC is a tax-free monthly monetary payment to the surviving spouse, child, or parent of a servicemember who died in the line of duty or a veteran who died from a service-related injury.[1] The payment amount is calculated based on the base rate payment and may be increased based on the factual circumstances.[2]

Am I eligible? A surviving spouse, child, or parent of a servicemember or veteran may be eligible.

• Surviving spouse: must be married to the veteran or servicemember for at least one year or have a child with them.[3] However, separation may count if it is not the fault of the spouse.[4]
• Child: must not be married, under age 18 or 23 if in college, and are not included in the surviving spouse compensation (no double dipping).[5] Stepchildren and adoptive children are included.[6]
• Parent: must be the biological, adoptive, or foster parent of the veteran or servicemember, and must meet the income qualifications.[7]
• Applicable for all: the cause of death must be due to active duty service, service-connected illness or injury, or eligible to receive VA compensation for a service-connected disability rated as totally disabling for a certain period of time.[8]

What next? File an application with the VA using the respective form. The type of form depends on the factual circumstances.

• Surviving Spouse or Child of Active Duty: VA Form 21P-534a
• Surviving Spouse or Child of Veteran: VA Form 21P-534EZ
• Surviving Parent: VA Form 21P-535

What to look out for? Gather documents such as the death certificate, potentially an autopsy if needed, VA decisions showing service connection, and service treatment records. Also, look into if you qualify for any of the added amounts, such as having children under 18.

• Burial Benefits

What is it? A monetary award toward burial expenses for the death of a veteran.[9] It is a reimbursement not a payment. Applicable to both service-related and non-service-related deaths.

Am I eligible? If the death is service-related, it must show the death of the veteran is related to a service-connected disability or that the veteran was totally disabled for a service-connected disability.[10] If the death is not service-related, then the veteran must have died while hospitalized by VA, while properly admitted to a VA facility; or while admitted or traveling to a non-VA facility with prior authorization and at VA expense for the purpose of examination, treatment, or care.[11]

What next? Apply to the VA with VA Form 21P-530.

What to look out for? Remember to keep receipts of all expenses you will need for reimbursement, including transportation costs.

• Survivors’ and Dependents’ Educational Assistance (DEA)

What is it? Also known as Chapter 35 benefits, DEA provides assistance with paying for school or job training to the children and spouses of deceased or disabled veterans.[12] If granted, the VA will then provide a monthly check for each month the eligible person is in school for a set number of years (if after August 1, 2018, then 36 months).[13]

Am I eligible? To be eligible, you must be either the child or spouse of a veteran who is permanently and totally disabled due to a service-connected disability, died in the line of duty or from a service-connected disability, was a POW for more than 90 days, and the child or spouse must meet the timing and age requirements.[14]

There is no time limit if the event that qualified you, the child turned 18, or the child completed high school after August 1, 2023.[15] If before this date, a child has 8 years to use them when turning 18.[16] A spouse has 10 years from the eligibility date or death of the veteran unless the servicemember dies while on active duty or the veteran was rated permanently and totally disabled within three years of discharge.[17]

What next? Apply to the VA with VA Form 22-5490.

What to look out for? If you are a child and receiving DIC, you cannot also get DEA benefits. Most colleges ask you to fill out an internal form to attain your benefits every semester you want the DEA benefits. Also, be on the lookout in case you apply to any other education programs, such as the Fry Scholarship.

• Accrued Benefits

What is it? Accrued benefits are benefits that are due but have not been paid before the death of the veteran.[18] Similarly, substitution allows a surviving spouse, child, or parent to substitute themselves in place of the veteran during a pending claim or appeal for potential benefits.[19]

Am I eligible? You are eligible if you are the surviving spouse, child, or dependent parents of the deceased veteran and you have filed within one year of the death of the veteran.[20]

What next? Apply to the VA:

Accrued benefits: VA Form 21P-601

DIC and Accrued: VA Form 21P-534EZ

Substitution: VA Form 21P-0847

What to look out for? These benefits are already due or pending, not new appeals or claims for benefits. Remember to file timely.

• CHAMPVA

What is it? First, there is TRICARE, which is a comprehensive healthcare coverage program. If you do not qualify for this program, you may be eligible for CHAMPVA, a cost-sharing program where the VA covers the cost of some healthcare services.[21]

Am I eligible? You must be the spouse or child of a veteran who has been rated permanently and totally disabled for a service-connected disability, died from a VA-rated service-connected disability, or was at the time of death rated permanently and totally disabled from a service-connected disability.[22]

Additionally, if you are a spouse, you must not remarry before the age of 55; however, if the marriage ends, you may qualify again.[23] If you are a child, you are covered until 18 or 23 if you are still in college.[24]

What next? Fill out VA Form 10-10d, VA Form 10-7959c, and your Medicare status.

What to look out for? Remember that CHAMPVA is a secondary option to TRICARE, so see if you are eligible for TRICARE first. Also, be on the lookout for the age or marriage requirements. Finally, provide any documentation related to your eligibility when applying, such as any relevant rating decisions or marriage documents.

• VA Home Loan

What is it? A VA-backed home loan may offer better terms than a traditional loan from a private bank.[25]

Am I eligible? A surviving spouse may be eligible if the veteran is missing in action, the veteran is a prisoner of war, the veteran died while in service or from a service-connected disability, and you didn’t remarry, the veteran died while in service or from a service-connected disability, and you didn’t remarry before you were 57 years old, or the veteran had been totally disabled and then died, but their disability may not have been the cause of death.[26] Children of a veterans who died are not eligible for the VA home loan benefit.[27]

What is next? (1) VA Form 26-1817 if you already have DIC; if not, you need to apply for DIC first; (2) Certificate of Eligibility (COE); (3) next steps depend on the private bank that’s serving as your lender.

This post is not an exhaustive list, and there are other benefits that may apply to your case. Furthermore, this post is more of a brief overview to see if any benefits may apply to you. I encourage you to look further into them or seek help from a veteran service officer if you think you may be eligible before applying.

[1] 38 C.F.R. § 3.5(a)(1)

[2] 38 C.F.R. § 3.10(e); see Current DIC rates for spouses and dependents, U.S. Department of Veterans Affairs, https://www.va.gov/disability/survivor-dic-rates/.

[3] About VA DIC for spouses, dependents, and parents, U.S. Department of Veterans Affairs, https://www.va.gov/disability/dependency-indemnity-compensation/#:~:text=If%20you’re%20the%20surviving,Indemnity%20Compensation%20(VA%20DIC).

[4] 38 C.F.R. § 3.50(b).

[5] 38 C.F.R. § 3.57(a); see About VA DIC for spouses, dependents, and parents, U.S. Department of Veterans Affairs, https://www.va.gov/disability/dependency-indemnity-compensation/#:~:text=If%20you’re%20the%20surviving,Indemnity%20Compensation%20(VA%20DIC).

[6] 38 C.F.R. § 3.57(a).

[7] 38 C.F.R. § 3.59 (a); 38 C.F.R. § 3.250(a).

[8] 38 C.F.R. § 3.22(a); see About VA DIC for spouses, dependents, and parents, U.S. Department of Veterans Affairs, https://www.va.gov/disability/dependency-indemnity-compensation/#:~:text=If%20you’re%20the%20surviving,Indemnity%20Compensation%20(VA%20DIC).

[9] 38 C.F.R. § 3.1700; see Compenstion, U.S. Department of Veterans Affairs,  https://www.benefits.va.gov/compensation/claims-special-burial.asp.

[10] 38 C.F.R. § 3.1704.

[11] 38 C.F.R. § 3.1706.

[12] 38 U.S. Code § 3531(a).

[13] Survivors’ and Dependents’ Educational Assistance, U.S. Department of Veterans Affairs, https://www.va.gov/education/survivor-dependent-benefits/dependents-education-assistance/.

[14] 38 U.S. Code § 3501(a)(1).

[15] Survivors’ and Dependents’ Educational Assistance, U.S. Department of Veterans Affairs, https://www.va.gov/education/survivor-dependent-benefits/dependents-education-assistance/.

[16] Id.

[17] Id.

[18] VA Accrued Benefits and Substitution, U.S. Department of Veterans Affairs, https://benefits.va.gov/BENEFITS/factsheets/general/accrued.pdf.

[19] Id.

[20] 38 C.F.R. § 3.1000.

[21] 38 C.F.R. § 17.270(a).

[22] 38 C.F.R. § 17.271(a).

[23] CHAMPVA benefits, U.S. Department of Veterans Affairs, https://www.va.gov/health-care/family-caregiver-benefits/champva/.

[24] Id.

[25] VA home loan programs for surviving spouses, U.S. Department of Veterans Affairs, https://www.va.gov/housing-assistance/home-loans/surviving-spouse/.

[26] Id.

[27] Id.