wife of veteran who died needs a lawyer

What are my rights as a spouse of a deceased veteran?

Nov 30, 2021 · Two Vets Married. $3,071 Monthly ($36,852 Annually) Just like the requirements for a Survivors Pension, the veteran must have served at least 90 days of active duty, with at least 1 day during a wartime period, with an honorable or other than dishonorable discharge. The spouse must also have been married to veteran for at least a year when the ...

What happens to my VA disability if my husband dies?

Apr 14, 2016 · The list of common documents you or your funeral director will need to access veteran benefits include: A certified copy of the deceased Veterans service record, discharge, separation notice or DD-214; The Department of Veterans Affairs (VA) Claim Number if there is one; Social Security numbers of the deceased Veteran, spouse, and dependent ...

Can a former spouse of a veteran get health benefits?

Nov 23, 2021 · As the spouse or dependent child of a Veteran or service member, you may qualify for certain benefits, like health care, life insurance, or money to help pay for school or training. As the survivor of a Veteran or service member, you may qualify for added benefits, including help with burial costs and survivor compensation. If you’re caring for a Veteran, you may also be …

What benefits do widows and surviving spouses of veterans get?

Jan 11, 2022 · Veteran Burial Benefits. The VA has burial allowances that are paid at a flat rate. This allowance helps cover eligible Veterans’ burial and funeral costs and are paid at the maximum amount allowed by law. These benefits can …

What happens if my veteran spouse dies?

Spouses and minor children of service members and eligible veterans may also be buried in a national cemetery. If a surviving spouse of an eligible veteran remarries, and that marriage is terminated by death or dissolved by annulment or divorce, the surviving spouse is eligible for burial in a national cemetery.

What benefits does a wife of a deceased veteran get?

Survivors Pension Surviving spouses of deceased veterans are eligible for tax-free monthly pension benefits if they meet certain net worth and income requirements set by Congress. Those unable to work or perform daily activities can also receive a supplemental allowance.

How much does a surviving spouse get from the VA?

Survivors (Death) Pension with Aid and AttendanceSurvivors Pension -- Maximum Annual Pension Rates (MAPR) 2019-20For a Surviving SpouseYearlyMonthlyHousebound With One Dependent$14,116$1,176Aid and Attendance Without Dependents$14,742$1,228Aid and Attendance With One Dependent$17,586$1,4657 more rows

What does surviving spouse of a veteran mean?

A surviving spouse must have married a veteran who died due to a service-connected injury or disease, and the marriage must have begun within 15 years of the veteran's discharge in which caused the disability.Jan 11, 2022

Does wife get VA benefits if husband dies?

A VA Survivors Pension offers monthly payments to qualified surviving spouses and unmarried dependent children of wartime Veterans who meet certain income and net worth limits set by Congress.Mar 29, 2022

When a husband dies does the wife get his pension?

A surviving spouse can collect 100 percent of the late spouse's benefit if the survivor has reached full retirement age, but the amount will be lower if the deceased spouse claimed benefits before he or she reached full retirement age.Apr 8, 2022

When a Veteran dies Is there a death benefit?

You may qualify for death benefits from the Department of Veterans Affairs (VA) if: You are paying for the veteran's burial and funeral costs. No other organization will reimburse you.Nov 24, 2021

Does a widow get her husband's VA disability?

Surviving military spouses can sometimes receive veterans disability compensation. This benefit is called Dependency and Indemnity Compensation (DIC), and it is paid on a monthly basis. DIC is available to a surviving military spouse (a widow or widower) and his or her dependent children.

Can a common law wife get VA benefits?

A:Yes, if all other eligibility requirements for transfer of Post-9/11 GI Bill benefits are met. Q:Does VA recognize common law marriages? A: VA will recognize a common law marriage if the state in which the Veteran resides recognizes common law marriage, and the state's requirements for a common law marriage are met.

What is the benefit of a veteran's spouse?

The National Cemetery Administration (NCA) has a benefit that is available to the spouses of veterans to help them with burial services. When a veteran’s spouse passes away, they may be eligible to be buried in the national cemetery. They are eligible for this benefit regardless of whether or not the veteran has already passed away as well. Furthermore, spouses can also have their name and their date of birth engraved on the veteran’s headstone. This benefit also guarantees that they will have perpetual care of their grave site.

When does a spouse file for DIC benefits?

If the veteran’s surviving spouse files their claim for DIC benefits within one year of the veteran’s death , the effective date will be the date of the veteran’s death. However, if they file outside of that one year timeframe, the effective date will be the date that VA receives the application.

What is dependent and indemnity compensation?

Dependency and Indemnity Compensation (DIC) Spouses of veterans whose death was related to military service or a service-connected condition may be eligible to receive a tax-free, monthly benefit known as Dependency and Indemnity Compensation (DIC) . For spouses to qualify for DIC benefits, veterans and service members must meet one ...

Who is eligible for DEA benefits?

To be eligible for DEA benefits, you must be the spouse of: A veteran who died, or is permanently and totally disabled, as the result of a service-connected condition; A veteran who died from any cause while such permanent and total service-connected condition was in existence;

What are some examples of serious injuries?

Examples of serious injuries may include traumatic brain injury (TBI), post-traumatic stress disorder (PTSD), or the loss of a limb. Up until this point, the Caregivers Assistance Program has only applied to veterans who served on active duty on or after September 11, 2001 (i.e., post-9/11 veterans).

Can a veteran receive Chapter 35 DEA?

In some cases, veterans will see language such as “eligibility to dependents Chapter 35 DEA / CHAMPVA are established” in their decisions from VA. Here, VA has granted DEA because the veteran has a disability that has been deemed permanent and total (100% disability rating). However, before DEA benefits can be distributed, either the veteran or their spouse is required to fill out a specific application (VA Form 22-5490) and submit it to their local Regional Office.

What is VA caregiver assistance?

VA also offers the Comprehensive Assistance for Family Caregivers Program (Caregiver Assistance Program). The Caregivers Assistance Program began in 2011, but is currently being expanded under the VA Mission Act . This program was implemented in an effort to provide benefits to caregivers (i.e., spouses or dependents who end up leaving jobs to care for a veteran full-time due to the extent or nature of their disability). Caregivers are provided monthly compensation, medical training, and healthcare benefits. To be eligible for the Caregivers Assistance Program, the veteran must have suffered a serious injury that impacts their activities of daily living. Examples of serious injuries may include traumatic brain injury (TBI), post-traumatic stress disorder (PTSD), or the loss of a limb. Up until this point, the Caregivers Assistance Program has only applied to veterans who served on active duty on or after September 11, 2001 (i.e., post-9/11 veterans).

How do veterans die from pain?

Veterans with service-connected pain conditions often die from liver issues, kidney problems, and accidental overdoses. Opioid overdose deaths may pass the Dependency and Indemnity Compensation requirements if the veteran was prescribed the medication at the time of death. Other veterans may damage their kidney or liver from acetaminophen taken for pain relief as well. DIC benefits for widows are available if you can prove the veteran took these medications for pain and that was the cause of death. We warn you, the VA regularly and wrongly denies these claims. If this happened to you, appeal the VA’s decision.

Why is diabetes bad for veterans?

Diabetes causes many health issues because diabetes prevents cells from regenerating. Diabetes is known for slowly destroying many of the body’s systems. If the veteran was service-connected for diabetes, you can service-connect many different reasons for a veteran’s death. Diabetes is one of the service-connected conditions that can be linked to multiple causes of death for Dependency and Indemnity Compensation benefit claims.

Can widows get DIC benefits for hepatitis?

You would be surprised how many veterans are service-connected for hepatitis. Widows who lost their veteran spouse from hepatitis complications are eligible for Dependency and Indemnity Compensation benefits. DIC benefits for widows are often awarded if the veteran was service-connected from hepatitis and died from liver cancer or liver failure. Hepatitis destroys the liver over time and liver cancer or liver failure is often the cause of death for veterans with hepatitis.

Can widows win VA benefits for hypertension?

Widows can win Dependency and Indemnity Compensation claims if the veteran was service-connected for hypertension and died from heart disease or stroke. The VA often fails to approve these claims, even though research has shown an indisputable link between hypertension and conditions like heart disease or strokes.

Can a veteran die from Parkinson's?

Dependency and Indemnity Compensation benefits for widows are available if the veteran was receiving traumatic brain injury veterans benefits, develops Parkinson’s or Alzheimer’s, then dies from Parkinson’s or Alzheimer’s complications.

Can widows receive DIC benefits?

Yes. It is important to keep in mind that monthly DIC benefits for widows can generally be increased to compensate for a veteran’s qualifying children. If you are eligible to obtain DIC benefits for widows your dependent children may qualify you for monthly compensation beyond the standard DIC benefits.

Can a widow get DIC?

Remember, if the veteran’s service-connected disability was a contributory cause to the veteran’s passing, the widow may be eligible for DIC benefits. Here are some examples of situations in which DIC benefits for surviving family are approved:

When did the veteran die?

The Veteran died on or after October 9, 1996, while a patient at a VA-approved state nursing home. The veteran was entitled to received VA pension or compensation at the time of death, but instead received full military retirement or disability pay.

How old do you have to be to get a survivor's pension?

It’s important to note that surviving children may also be eligible for survivor’s pension. Unmarried children must meet one of the following requirements to qualify: Be under age 18 years of age. Be under age 23 and attending a VA-approved school.

Who is Amanda DeJesus?

Amanda DeJesus is a Claims Advocate for Hill and Ponton. She joined the Hill and Ponton family in September of 2014 as an Intake Specialist. She listened to each veteran respectfully and gave them the attention they deserved as she assisted them with the initial steps in our VA claim assistance process. It was then that she discovered her true passion, helping veterans, began. Amanda earned her Associates degree in Criminal Justice and hopes to use that knowledge, combined with her work experience, to make a difference.

What are the requirements for DIC?

The requirements are as follows: A surviving spouse must have married a service member who died on active duty, active duty training, or inactive duty training, or. Married the deceased Veteran before January 1, 1957, or.

Do surviving spouses have to file for VA benefits?

The good news is that the surviving spouse does not have to file a claim for this benefit or fill out any applications.

What happens if my spouse dies without a will?

If your spouse dies without a will, the estate will go into probate — a legal process where the courts decide who has the right to the remaining assets. It’s a long process that can take months or years in the case of complicated estates. Avoid an additional legal headache by drawing up a will ahead of time.

How difficult is it to deal with the death of a loved one?

Dealing with the death of a loved one is an incredibly difficult experience. Not only is it a time filled with immense sadness, it ’s also a period that demands an exorbitant amount of decision making. The entire experience can feel overwhelming, but there are ways you can make the process easier. Planning for these times can take ...

What is a recurring bill?

Recurring bills. Keys or a code to the safe deposit box. It’s also important to talk to an attorney and draw up estate planning terms that meet your and your spouse’s wishes. Having this documentation in place can help you avoid the probate process and a drawn-out battle over your spouse’s will.

How to get a will without a will?

Without a will, an attorney can help explain and guide you through the probate process. The attorney can help answer questions related to debts and payments that may need to be paid as well as any special arrangements laid out by your spouse.

What to do if you have not made arrangements for a funeral?

If you have not made arrangements, now is the time to contact funeral homes and make a decision on the final resting place of your spouse. Ask close friends and family if they’ve worked with any funeral homes that they would recommend. Call a few different places to compare pricing and see what’s included in each funeral service offering.

What happens after death?

Life after death can be difficult for the surviving spouse. The death of a spouse is a tragic life event that can turn anyone’s world upside down. From securing Social Security benefits to updating retirement plans, the period after the death of your spouse is one filled with many tasks. If you’re wondering what to do when a spouse dies, ...

What to do if my son is going to college?

If you have a son or daughter who is attending college, contact the school’s financial aid office. Your child may receive additional financial aid and other benefits upon the loss of a parent.