Will My Spouse Receive My VA Disability When I Die?

No, your spouse will not receive your VA disability benefits after you pass away.

VA disability compensation is specifically intended for the life of the disabled veteran.

When a veteran with service-connected VA disability benefits passes away, their monthly payments stop and cannot be transferred to another person.

However, the surviving spouse or dependents may be eligible for other forms of financial support from the VA, primarily through the Dependency and Indemnity Compensation (DIC) program.

Summary of Key Points

• VA disability benefits stop upon the veteran’s death: These benefits are intended solely for the veteran’s lifetime and cannot be transferred to another person, including a spouse. According to 38 CFR § 3.500(g), VA benefits typically end on the last day of the month before the veteran’s death, emphasizing the cessation of payments after the veteran passes away.

• Surviving spouses may be eligible for VA survivor benefits: While VA disability payments end, surviving spouses or dependents may qualify for benefits like Dependency and Indemnity Compensation (DIC) if they meet specific eligibility criteria.

• Eligibility for DIC depends on specific criteria: A surviving spouse may be eligible for Dependency and Indemnity Compensation (DIC) if the veteran died from a service-connected condition, or if the veteran was rated as permanently and totally disabled due to a service-connected disability for at least 10 years before death, 5 years from discharge until death, or 1 year if they were a former prisoner of war.

Am I Eligible for VA DIC as a Surviving Spouse?

VA DIC provides monthly tax-free benefits to eligible survivors of veterans who died either from a service-connected condition or while on active duty.

As a surviving spouse, you may be eligible for VA DIC benefits if you meet certain requirements:

Marital Status:

• You lived with the veteran continuously until their death, or
• If you were separated, the separation was not your fault.

Marriage Requirements:

• You married the veteran within 15 years of their discharge from the service period when the illness or injury started or worsened, or
• You were married to the veteran for at least one year, or
• You had a child with the veteran.

Remarriage:

• If you remarried, you can still receive DIC benefits if:
  • You remarried on or after December 16, 2003, and were 57 years or older at the time, or
  • You remarried on or after January 5, 2021, and were 55 years or older at the time.

Evidence Required:

You must provide evidence to support your claim that one of the following is true:

• The veteran died while on active duty, or
• The veteran died from a service-connected illness or injury, or
• The veteran had a service-connected disability rated as permanently and totally disabling for:
  • At least 10 years before death, or
  • At least 5 years from discharge until death, or
  • At least 1 year if they were a former prisoner of war.

Does My Spouse Get My VA Disability After I Die?

No, your spouse will not receive your VA disability payments after you pass away.

VA disability compensation is directly tied to the life of the veteran, meaning that when the veteran dies, those specific benefits cease to exist and can’t be passed on to someone else.  

The key regulations governing the termination of VA benefits upon death can be found under 38 CFR § 3.500(g), which explains that VA benefits typically end on the last day of the month before the veteran’s death.

While your VA disability payments do not continue to your spouse, there are VA survivor benefits available that can provide ongoing support.

Source: 38 CFR § 3.500 – General

When Do VA Benefits Stop After Death?

VA disability benefits typically stop on the last day of the month before the veteran’s death.

This means that if a veteran passes away in the middle of a month, the benefits will continue through the end of the previous month.

For example, if a veteran dies on June 15th, the benefits would end on May 31st.

The regulation governing this is 38 CFR § 3.500(g), which outlines that the effective date for the termination of benefits is the last day of the month preceding the veteran’s death.

Can I Get VA Benefits As a Surviving Spouse?

Yes, the VA offers some awesome benefits to surviving spouses of a disabled veteran.

Here’s a list of some of the top VA surviving spouse benefits:

• Dependency and Indemnity Compensation (DIC)
• VA Survivors Pension
• CHAMPVA Healthcare
• Chapter 35 DEA
• VA Home Loan Guaranty
• Veterans Burial Allowance
• Accrued Benefits
• Tax Benefits

About the Author

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Brian Reese

Brian Reese is a world-renowned VA disability benefits expert and the #1 bestselling author of VA Claim Secrets and You Deserve It. Motivated by his own frustration with the VA claim process, Brian founded VA Claims Insider to help disabled veterans secure their VA disability compensation faster, regardless of their past struggles with the VA. Since 2013, he has positively impacted the lives of over 10 million military, veterans, and their families.

A former active-duty Air Force officer, Brian has extensive experience leading diverse teams in challenging international environments, including a combat tour in Afghanistan in 2011 supporting Operation ENDURING FREEDOM.

Brian is a Distinguished Graduate of Management from the United States Air Force Academy and earned his MBA from Oklahoma State University’s Spears School of Business, where he was a National Honor Scholar, ranking in the top 1% of his class.