- As a married military veteran
receiving VA disability compensation,
you may be wondering, can my spouse continue to receive
my VA disability compensation when I die?
Or, you may just be wondering what disability benefits
are available to your spouse, through you,
as a disabled military veteran.
My name is Lori Underwood, I'm an attorney
with Woods and Woods, and we have prepared this segment,
to answer some of the questions you may have
regarding what VA disability benefits are available
to military spouses in the event of the death of a veteran.
If you are receiving VA disability compensation,
it's important to note that your disability compensation
will not continue, after your death, to be payable
to your spouse, or your dependent children.
However, there are benefits available
to a disabled veteran's spouse,
dependent children, or parents,
and these benefits are referred to
as family member benefits.
One such benefit is known as a Burial and Memorial Benefit.
These benefits are available to assist survivors
of deceased veterans in meeting the funeral, burial,
and memorial costs associated with a service member
or veteran's death.
There are many different variations of this benefit,
and it's a one time benefit.
You're probably most concerned
with your spouse's standard of living
in the event of your passing.
Which would lead to the question
of if your spouse can continue to receive
your disability compensation after your death.
Sadly, the answer here is no,
not necessarily to the same extent.
However, there is a benefit known as
Dependency and Indemnity Compensation.
Also called DIC for short.
Which is available to qualifying family members,
in the event of a veteran's death.
I want to note here, that we have provided
an informational video on our website,
specific to DIC benefits.
It's important to refer back to this video
for questions on who is eligible for this benefit,
what requirements the survivor must meet
to be awarded, and how to apply.
In this video, we address common law marriages as well,
which the VA does accept, when awarding DIC benefits.
How much does DIC benefit pay?
Well since January 1st 1993,
DIC benefits all pay the same amount.
It's a flat basic rate.
This flat rate is significant,
and may be a significant change for your spouse.
Because a veteran is compensated for disability benefits
based on their combined rating.
DIC does not pay based on the veteran's combined rating,
rather it's a consistent monthly payment
awarded for cause of death,
and is the same for every spouse or qualifying member
in every state who has been awarded.
So all states' DIC will pay the same.
Texas, New York, California, Ohio,
it's all a flat rate.
The VA publishes these DIC rates on their website,
you can do a search, and you can find those rate charts.
You will see that since December 12th, 2018, for example,
a surviving spouse is receiving $1,319.04 per month.
These rates have changed over time,
and it's always important to consult
the VA compensation rate table when wondering
what you may be eligible for receiving,
or what your spouse may be eligible to receive.
There is a very good chance that this is a different amount
than what the veteran is receiving
as VA disability compensation.
It may be less, but it may also be more.
I do want to point out that there is additional compensation
available when there are dependent qualifying children
under the age of 18 from a marriage.
The DIC allowances are adjusted over time,
but the adjustments will apply to all of those
receiving the benefit.
If you're looking for VA DIC compensation allowances,
you may know that there are other additional allowances
that are available to surviving spouses.
If you're a surviving spouse,
and you have questions about your VA DIC benefits,
or whether you're eligible for VA DIC benefits,
call us at the number below,
at Woods and Woods, so we can assist you
as your VA disability benefit survivor guide.