If eligible, the pension benefit is the difference between “countable” income and the annual pension limit set by Congress. The VA generally pays this difference in 12 equal monthly payments. The table below outlines the maximum levels of annual income for various categories of surviving spouses.
military servicemembers who died in the line of duty or eligible survivors of veterans whose death resulted from a service-related injury or disease. Dependency and Indemnity payments may be authorized to the surviving spouse; unmarried children under 18; children between the ages of 18 and 23 who are attending a VA approved school; and, low income parents of both active duty and veteran personnel. Generally, the member’s death must result from a disease or injury incurred while on active duty or active duty for training. Additionally, DIC payments may be authorized to eligible survivors if the veteran was totally disabled at the time of death even though the death was not the result of a service– connected disability. Payments cannot be authorized if the member’s death was the result of willful misconduct. As a rule, the surviving spouse must have been married to the veteran for one year or more and have lived with the veteran continuously from the time of marriage. However, this requirement does not apply if the veteran and spouse were separated due to the conduct of the veteran. When the surviving spouse remarries, eligibility for continued DIC payments normally ceases unless the remarriage is annulled by a court. A surviving spouse who remarried on or after December 16, 2003 and/or is at least age 57 is entitled to continue to receive DIC. In 2022, the surviving spouse will receive a basic monthly rate of $1,437 plus an additional $305 per month if the veteran had a total disability rating for the eight year period prior to death. Additionally, payments of $356 per month are authorized for each child under the age of eighteen. The monthly DIC rates for parents is determined by the number of parents and the income of the parents. Survivors Pension. The Survivors Pension benefit, which may also be referred to as the Death Pension, is a tax-free monetary benefit payable to a low-income, surviving spouse and/or unmarried child(ren) of a deceased veteran with wartime service. The spouse must not have remarried and children must be under the age of 18, or under age 23 if attending a VA approved school. Also, the deceased veteran must have had at least 90 days active service and must have been separated or discharged under conditions other than dishonorable, unless the separation was due to a service– connected disability. If the veteran died while serving on active duty and the death was not in the line of duty, benefits may still be payable if he or she had completed at least two years of active service. Yearly family income must be less than the amount set by Congress to qualify for the Survivors Pension benefit.
Maximum Annual Pension Rate (MAPR)
$9,896
Spouse with no dependent children
$12,951
Spouse with one dependent child
Spouse in need of regular aid and attendance without dependent children Spouse in need of regular aid and attendance with one dependent child Spouse who is permanently housebound without dependent children Spouse who is permanently housebound with one dependent child
$15,816
$18,867
$12,094
$15,144
$2,523
Amount for each additional child
Dependent’s Educational Assistance (DEA). There are two main GI Bill programs offering education assistance to survivors and dependents of veterans: The Fry Scholarship for children and spouses of servicemembers who died in the line of duty after September 10, 2001 (discussed earlier in the chapter) and the Survivors’ and Dependents’ Educational Assistance (DEA) program which offers education and training opportunities to eligible dependents of veterans who are permanently and totally disabled due to a service-related condition or of veterans who died while on active duty or as a result of a service-related condition. DEA benefits are also available to the spouse and dependent children of a member listed as a prisoner of war or missing in action for more than ninety days. DEA training can be in an approved vocational or business school, college, professional school, or a business with an apprentice or on–the–job training program. It also includes training in a secondary school, by correspondence, or in an institution offering farm co-op programs. Normally, the period for which VA educational assistance is authorized is limited to 45 months (or the equivalent of 45 months if the eligible participant is enrolled on a part–time basis). Some DEA beneficiaries may be eligible for up to 81 months of GI Bill benefits if they use the program in conjunction with an entitlement from other VA education programs. A child’s
CHAPTER 6: VETERANS BENEFITS
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