VA Survivor Benefits

Losing a spouse or parent is always devastating, but when that loved one was a veteran, the loss can feel even more overwhelming. You’re grieving, trying to navigate a new reality, and on top of it all, you have to figure out how to access the survivors’ benefits your loved one earned through their service.

At ProVet Legal, we understand the challenges you’re facing. Our VA-accredited attorneys have years of experience helping surviving spouses and dependents just like you cut through the red tape and secure the benefits they’re rightfully entitled to.

Whether you’re seeking Dependency and Indemnity Compensation (DIC), Survivors Pension, or accrued benefits, we’re here to guide you every step of the way. And with our nationwide reach, we can assist your family no matter where you’re located.

What is Dependency and Indemnity Compensation (DIC)?

DIC is a tax-free monetary benefit paid to eligible survivors of veterans whose deaths were related to their military service. It’s a crucial lifeline for many families, but the eligibility criteria can be complex.

In general, to qualify for DIC, you must meet three key requirements:

1. Service Connection: You must show that the veteran’s death was due to a service-connected disability or illness. This can be the primary cause of death, or a contributory cause. Some conditions, like ALS or certain cancers linked to Agent Orange exposure, are presumed to be service-connected.
2. 100% Disabled Veterans: You do not need to show that a specific service-connected disability contributed to the death if the veteran had been rated 100% total and permanently disabled for a specific length of time (usually 10 years).
3. Marriage: As a surviving spouse, you generally must have been married to the veteran for at least one year before their death. There are some exceptions for shorter marriages, such as when a child was born of the marriage.
4. Dependency: The VA also provides DIC to certain dependent children and parents of deceased veterans, if they meet specific criteria.

Proving Service Connection in DIC Claims

One of the most challenging aspects of securing DIC benefits is establishing that a veteran’s death was service-connected. This often requires compelling medical evidence, such as:

• A VA medical opinion linking the veteran’s death to a service-connected condition
• An independent expert analysis drawing a nexus between service and the veteran’s death
• Medical records showing the veteran died from a presumptive service-connected disease
• Evidence that the veteran’s death was related to VA medical care (known as a 1151 claim)

Our attorneys have extensive experience developing this kind of evidence. We work with trusted medical experts, thoroughly review service and VA records, and build strong cases to establish service connection.

VA Survivors Pension – Needs-Based Support for Wartime Veterans’ Families

Survivors Pension is a tax-free monetary benefit available to low-income surviving spouses and unmarried dependent children of deceased wartime veterans. The eligibility rules are different from DIC and include:

• Wartime Service: The veteran must have served at least 90 days of active duty, with at least one day during a wartime period.
• Income/Net Worth Limits: Your household income and assets must fall below certain limits set by Congress.
• Qualifying Relationship: You must be the surviving spouse or unmarried child of the veteran.

The amount of your Survivors Pension depends on your specific needs and circumstances. The VA calculates your pension based on the difference between your countable income and the Maximum Annual Pension Rate (MAPR). This rate is higher if you qualify for Aid and Attendance or Housebound benefits due to a disability.

Accrued Benefits – Getting the Compensation Veterans Earned

Sometimes, a veteran passes away while their VA claim for disability compensation or pension is still pending. In these cases, surviving spouses, dependent children, and dependent parents may be able to recover what the VA owed the veteran at the time of their death. These are called “accrued benefits.”

To claim accrued benefits, you typically must file VA Form 21P-534EZ within one year of the veteran’s death. You can also substitute yourself as the claimant in the veteran’s pending claim. Our attorneys can help you determine the best path forward and ensure your paperwork is thorough and complete.

The Importance of VA Form 21P-534EZ

VA Form 21P-534EZ is a key piece of the survivors benefit puzzle. This form allows you to apply for DIC, Survivors Pension, and accrued benefits all at once. It’s crucial to complete this form carefully and accurately, as mistakes can lead to delays or denials.

One important tip – you can submit an “Intent to File” form before completing your 21P-534EZ. This preserves an early effective date for your benefits while giving you time to gather supporting documents. Our team can guide you through this process and ensure you don’t miss any critical deadlines.

Appealing Denied Survivors Benefit Claims

If the VA denies your claim for DIC, pension, or accrued benefits, don’t lose hope. You have the right to appeal, and our attorneys can help. Depending on the reason for the denial, we may recommend:

• A Higher-Level Review, where a more senior VA official takes a fresh look at your claim
• A Supplemental Claim, where you can submit new evidence to support your case
• A Board Appeal, where you can testify at a hearing before a Veterans Law Judge

We’ll work with you to choose the best appeal lane and develop the strongest possible case. Our team has a proven track record of success in survivors benefit appeals, including grants of DIC, pension, and accrued benefits for numerous clients. Just take a look at some of our recent case results and testimonials from the families we’ve helped.

At ProVet Legal, we believe that no surviving spouse or child should have to navigate the VA system alone. That’s why we work on a contingency basis – if we don’t secure benefits for you, you won’t owe us a dime in attorney fees. Let us put our knowledge, compassion, and commitment to work for your family.

If you’re the surviving spouse or dependent of a deceased veteran, you may be entitled to substantial benefits from the VA. Don’t try to go it alone. Contact ProVet Legal today for a free case evaluation. Our VA accredited attorneys are ready to fight for the benefits you deserve.