Does My VA Disability Stop When I Die?

Understanding how Department of Veterans Affairs (VA) disability compensation functions after a veteran’s passing is a sensitive topic for many families. VA disability benefits are generally intended for the veteran during their lifetime, serving as compensation for service-connected conditions. While these payments do not continue to survivors, other forms of support may become available. This article clarifies the benefits and processes families may encounter following a veteran’s death.

Disability Payments Upon Veteran’s Death

VA disability compensation payments cease upon a veteran’s death. These payments are designated to compensate the veteran for service-connected conditions during their lifetime. The benefits are not automatically transferable to family members or other beneficiaries. The effective date for termination is generally the last day of the month preceding the veteran’s death. For instance, if a veteran passes away on June 15th, their disability benefits conclude as of May 31st.

Unpaid Benefits at Death (Accrued Benefits)

While a veteran’s regular disability payments stop upon their death, “accrued benefits” address payments due but not yet received. Accrued benefits are amounts the VA determined were owed to the veteran before their death but had not been paid out. This includes situations where a claim or appeal for a recurring benefit was pending with all necessary evidence, or when a benefit was approved but the veteran died before processing or deposit.

Accrued benefits are not ongoing survivor payments but a final disbursement of what was owed to the veteran’s estate. The VA follows a legal hierarchy for distributing these benefits.

Distribution Hierarchy for Accrued Benefits

The primary recipient is the surviving spouse, who receives the full amount.
If no surviving spouse, benefits are distributed equally among dependent children, including those aged 18-23 attending school or those deemed helpless.
If neither a surviving spouse nor eligible dependent children exist, dependent parents may be next in line.
If no eligible living person is identified, the VA may pay accrued benefits to reimburse individuals who paid for the veteran’s last illness or burial expenses, limited to the actual amount of those expenses.

Survivor Benefits for Dependents

Beyond accrued benefits, the Department of Veterans Affairs offers distinct, ongoing financial support to eligible survivors of deceased veterans. These benefits are not a continuation of the veteran’s disability payments but are new entitlements for the surviving family. The primary ongoing benefit is Dependency and Indemnity Compensation (DIC), a tax-free monetary payment for eligible surviving spouses, dependent children, and sometimes parents.

DIC is available if the service member died while on active duty, active duty for training, or inactive duty training. For veterans who have left service, DIC may be payable if their death resulted from a service-connected injury or illness. Eligibility also extends if the veteran’s death was not directly service-connected but they were receiving VA compensation for a service-connected disability rated as totally disabling for:

At least 10 years immediately before death.
At least five years since their release from active duty.
At least one year if they were a former prisoner of war who died after September 30, 1999.

DIC Eligibility Criteria

Surviving Spouse: Must meet marriage criteria, such as having been married for at least one year, or having a child with the veteran. Remarriage can affect eligibility, though exceptions exist if the spouse remarries on or after December 16, 2003, and was aged 57 or older at that time.
Dependent Children: Eligible if unmarried and under age 18, or under age 23 if attending a VA-approved school. Children who became permanently incapable of self-support due to a disability before age 18 may be eligible without age limits.
Parents: May qualify if financially dependent on the service member or veteran and their income falls below certain thresholds.

Another significant benefit is the Survivors’ Pension, also known as Death Pension, which provides monthly payments to low-income surviving spouses and unmarried dependent children of wartime veterans. Eligibility for this needs-based benefit requires the veteran to have served during a wartime period and been discharged under conditions other than dishonorable. Survivors’ Pension claimants must meet specific income and net worth limits.

Survivors who receive a VA Survivors’ Pension may also be eligible for additional allowances like Aid and Attendance or Housebound benefits. Aid and Attendance is for those who need regular assistance for daily activities, such as bathing, dressing, or feeding. Housebound benefits are for individuals largely confined to their homes due to a permanent disability. A survivor cannot receive both Aid and Attendance and Housebound benefits simultaneously. These additional allowances are added to the monthly pension amount.

Applying for Survivor Benefits

The application process for VA survivor benefits requires specific forms and supporting documentation.

Required Forms

For Dependency and Indemnity Compensation (DIC), Survivors’ Pension, and Accrued Benefits, eligible surviving spouses and children use VA Form 21P-534EZ, “Application for DIC, Survivors Pension, and/or Accrued Benefits.”
Surviving parents applying for DIC use VA Form 21P-535, “Application for Dependency and Indemnity Compensation by Parent(s).”

These forms can be obtained from the VA website, a local VA regional office, or through an accredited veterans service organization (VSO).

Supporting Documents

Veteran’s death certificate.
Veteran’s military service records (such as DD-214).
Marriage certificates for spouses.
For dependent children, birth certificates or school enrollment records.
For Survivors’ Pension applicants, financial information, including income and net worth statements.

Once all required forms and documents are gathered, the complete application package can be submitted in several ways:

Mailing the application to the appropriate VA Pension Management Center.
Submitting it online via VA.gov using tools like QuickSubmit.
Delivering it in person to a VA regional office.

After submission, the VA processes claims in the order they are received. Processing times vary, but applicants should expect updates within 30 to 60 days. Complex cases may take longer, with some processed within an average of 125 days. The VA may request additional information during this period. Upon a decision, the applicant receives notification, and if approved, payments may begin, sometimes with retroactive effect. Accredited representatives, such as VSOs or claims agents, can assist with the application process and gathering necessary evidence.