United States Department of Veterans Affairs

Survivors' (Death) Pension Benefits

(VA Survivors' (Death) Pension for Widows/Widowers and Dependent Children)  

1.   What is VA Survivors' (Death) Pension?


2.   How do I know if I'm eligible?


3.    What should Veterans and their families know when applying for Department of Veterans Affairs (VA) Pension Benefits?


4.   Are there age requirements, or restrictions?


5.   What is "income for VA purposes" for pension eligibility?


6.   What about net worth?


7.   Are there any exclusions to income or deductions that may be made to reduce my income for VA purposes?


8.   What are Aid and Attendance and Housebound benefits?  How Do I Apply?


9.   How much does VA pay for Survivors' (Death) Pension?


10.   How do I apply for Survivors' (Death) Pension benefits?


 
What is Survivors' (Death) Pension?
Survivors' (Death) Pension is a needs based benefit paid to an unremarried surviving spouse, or an unmarried child, who meets certain age or disability requirments, of a deceased wartime Veteran.

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How do I know if I'm eligible?
You may be eligible if:

  • the deceased Veteran was discharged from service under other than dishonorable conditions,
  • AND
  • the deceased Veteran served at least 90 days of active military service and at least 1 day was during a war time period.   If he or she entered active duty after September 7, 1980, generally he or she must have served at least 24 months or the full period for which called or ordered to active duty duty and at least 1 day was during a war time period.    (There are exceptions to this rule.)
  • AND
  • you are the unmarried surviving spouse or unmarried child, who meets the age or disability requirments, of the deceased veteran,

    • AND
  • your income for VA purposes is below a yearly limit maximum annual pension rate set by law. (The maximum annual pension rate is set by Congress).
As you can see, there are a number of criteria that may affect your eligibility to pension benefits.   If you are unsure if you meet all criteria, we encourage you to go ahead and file an application, particularly if your income for VA purposes appears to be near the maximum.   VA will determine if you are eligible and notify you.   If you do not initially qualify, you may reapply if you have un-reimbursed medical expenses during the twelve month period after VA receives your claim that brings your income for VA purposes below the maximum annual pension rate.   Unreimbursed medical expenses are expenses you have paid for medical services or products for which you will not be reimbursed by Medicare or private medical insurance.

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Are there age requirements, or restrictions?

  • An unremarried spouse can be any age.
  • A child must be:
    • under 18, or
    • in school and under 23, or
    • was incapable of self support before the age of 18.

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What is "income for VA purposes" for pension eligibility?
This includes income received from most sources by the surviving spouse and any eligible children.   It includes earnings, disability and retirement payments, unemployment insurance payments, interest and dividends payments, and net income from farming, business or rental property.

There is a presumption that all of a child's income is available to or for the surviving spouse.   VA may grant an exception in hardship cases.

Certain expenses like, unreimbursed medical expenses, may be used to help lower your income for VA purposes.

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What about net worth?
Net worth means the net value of the assets of the surviving spouse and his or her children.   It includes such assets as bank accounts, stocks, bonds, mutual funds, some annuities and trust funds and any property other than the surviving spouse's residence and a reasonable lot area.   There is no set limit on how much net worth a surviving spouse and his or her children can have, but net worth cannot be excessive.   The decision as to whether a claimant's net worth is excessive depends on the facts of each individual case.   All net worth should be reported and VA will determine if a claimant's assets are of a sufficient amount that the claimant could live off these assets for a reasonable period of time.   Pension is a needs-based program and is not intended to protect substantial assets or build up an estate for the benefit of heirs.

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Are there any exclusions to income or deductions that may be made to reduce my income for VA purposes?
Yes, there are exclusions.   The following are examples of the types of exclusions or deductibles to your income for VA purposes:

  • Final expenses of the Veteran's last illness and burial paid by the surviving spouse or eligible children.
  • Public assistance such as Supplemental Security Income is not considered income.
  • Many other specific sources of income are not considered income, however all income should be reported.   VA will exclude any income that the law allows.
  • A portion of un-reimbursed medical expenses paid by the claimant after VA receives your pension claim may be used to help lower your income for VA purposes.
  • Certain other expenses, such as a surviving spouse's education expenses, and in some cases, a portion of the educational expenses of a child over 18 are deductible.

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What are Aid and Attendance and Housebound benefits?  How Do I Apply?

  • Aid and Attendance is a benefit paid in addition to monthly pension when:
    • The claimant requires the aid of another person in order to perform his or her activities of daily living, such as bathing, feeding, dressing, attending to the wants of nature, adjusting prosthetic devices, or protecting himself/herself from the hazards of his/her daily environment, OR,
    • The claimant is bedridden, in that his/her disability or disabilities requires that he/she remain in bed apart from any prescribed course of convalescence or treatment, OR,
    • The claimant is a patient in a nursing home due to mental or physical incapacity, OR,
    • The claimant has visual acuity of 5/200 or less, in both eyes, or concentric contraction of the visual field to 5 degrees or less.
  • Housebound is paid to a claimant when:
    • The claimant is substantially confined to his/her immediate premises because of a permanent disability.
The survivor may not receive Aid and Attendance benefits and Housebound benefits at the same time.

How to Apply for Aid and Attendance and Housebound:

  • You may apply for Aid and Attendance or Housebound benefits by writing to the VA regional office having jurisdiction of the claim.   That would be the office where you filed a claim for pension benefits.  If the regional office of jurisdiction is not known, you may file the request with any VA regional office.
  • You should include copies of any evidence, preferably a report from an attending physician validating the need for Aid and Attendance or Housebound type care.
  • The report should be in sufficient detail to determine whether there is disease or injury producing physical or mental impairment, loss of coordination, or conditions affecting the ability to dress and undress, to feed oneself, to attend to sanitary needs, and to keep oneself ordinarily clean and presentable.
  • In addition, it is necessary to determine whether the claimant is confined to the home or immediate premises.
  • Whether the claim is for Aid and Attendance or Housebound, the report should indicate how well the individual gets around, where the individual goes, and what he or she is able to do during a typical day.

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How much does VA pay for Survivors' (Death) Pension?
VA pays you the difference between your income for va purposes and the maximum annual pension rate established by Congress.  VA provides an on-line table of the the maximum annual pension rate that would qualify you for pension.    This difference is generally paid in 12 equal monthly payments rounded down to the nearest dollar.  Click here to see an example of how VA arrives at your death pension amount.

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How do I apply for Survivors' (Death) Pension benefits?
You can apply by filling out VA Form 21-534, Application for Dependency and Indemnity Compensation, Death Pension and Accrued Benefits by Surviving Spouse or Child  (PDF version).   Make sure you download parts 1 and 2 of the application as well as the instructions for filling out the forms.   If available, attach copies of dependency records (marriage & children's birth certificates).

You must send the completed application and any copies of other documents to the VA regional office that serves your area of residence.   Please click here to find the office of jurisdiction.

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If you have any questions, please call our toll free number, 1-800-827-1000, or you may contact VA electronically via the Internet at https://iris.va.gov.

You may also contact a Veterans Service Officer (VSO) from a veterans service organization.    Please call the toll free number, 1-800-827-1000, for the location of the nearest VSO nearest you.   You may also look to the VA web site for a list of the nationally recognized Veterans Service Organizations.




Disclaimer --We will make every effort to keep this Internet Site current and accurate, but there will surely be times when this site will not be current.   These pages are for general information only, your best source of current information is to contact the managers of the benefits programs.