Losing a spouse is one of life’s most difficult experiences. For many surviving spouses of veterans, the grief is accompanied by financial uncertainty, especially if the veteran received monthly disability compensation. One of the most common questions we hear from surviving spouses is, “When my husband dies, will I get his VA disability?”
Unfortunately, VA disability compensation typically ends when the veteran passes away. However, the U.S. Department of Veterans Affairs provides several VA survivor benefits for spouses that can help replace some of that lost income. Understanding these programs and whether you qualify can help bring some peace of mind during a challenging time.
Does VA Disability Continue After Death?
VA disability compensation is a benefit paid only to veterans with service-connected disabilities. That payment stops at the time of death and cannot simply be transferred to a spouse or other family member.
However, if you are the surviving spouse of a deceased veteran, you may be eligible for other VA programs designed to support you financially. The most common benefit is called Dependency and Indemnity Compensation (DIC).
What Is Dependency and Indemnity Compensation (DIC)?
DIC is a monthly tax-free benefit paid to eligible surviving spouses, children, or parents of a service member who died in the line of duty or of a veteran whose death resulted from a service-connected condition.
You may qualify for DIC if:
- Your spouse died from a service-related injury or illness.
- Your spouse had a total (100%) VA disability rating for at least 10 years before death.
- Your spouse had a total disability rating continuously since release from active duty and for at least five years immediately preceding death.
- Your spouse was a former prisoner of war (POW) who was rated totally disabled for at least one year before death.
These rules can be complex, and eligibility often depends on detailed medical and service records. A veteran’s disability lawyer in Houston can review the specifics of your situation to help determine whether you qualify for DIC.
Additional VA Survivor Benefits for Spouses
Beyond DIC, several other VA programs can offer financial or educational support to surviving spouses:
- Accrued Benefits: If your spouse had an unresolved VA disability claim at the time of death, you may be entitled to the retroactive benefits they were owed.
- Survivors’ Pension: Also known as the “Death Pension,” this benefit is for low-income surviving spouses of wartime veterans. Your eligibility will depend on income and net worth limits established by the VA.
- CHAMPVA (Health Coverage): The Civilian Health and Medical Program of the Department of Veterans Affairs offers health insurance for certain surviving spouses and dependents.
- Education Benefits: The Fry Scholarship and Survivors’ and Dependents’ Educational Assistance (DEA) programs can help cover the costs of college, career training, or certification.
Understanding which benefit you qualify for can be confusing. Each program has its own eligibility rules, application processes, and deadlines.
How to Apply for VA Survivor Benefits
To apply for DIC or other VA survivor benefits for spouses, you can:
- Apply online through the VA’s website.
- Mail VA Form 21P-534EZ (Application for DIC, Survivors Pension, and/or Accrued Benefits) to your regional VA office.
- Work with a VA-accredited attorney or representative to ensure your application is complete and supported by the right evidence.
Providing complete documentation can help avoid delays. This includes things like your marriage certificate, your spouse’s death certificate, and any medical or service records.
Why Legal Help Matters
Even a small mistake on your application or failure to include the right evidence can delay approval or result in denial. An experienced VA disability attorney can ensure your claim is fully documented, represent you in appeals if denied, and help maximize the benefits you receive.
Here in Houston, our legal team works closely with surviving spouses to protect their rights and secure the compensation they deserve. We understand both the emotional and practical challenges you face after losing a loved one.
Talk to a Houston VA Disability Lawyer
If you’ve been wondering, “When my husband dies, will I get his VA disability?” you’re not alone. While your spouse’s disability payments stop upon their passing, you may still qualify for several valuable VA survivor benefits. But you must apply for them.
At Herren Law, our Houston VA disability lawyers are here to help you understand your rights, prepare your claim, and fight for the benefits you’ve earned through your spouse’s service. Contact us today for a free consultation and learn how we can help you secure your family’s future with the VA benefits you deserve.
