As we observe Memorial Day every May 27th, we take a moment to honor the courageous men and women who have made the ultimate sacrifice for our country. This day of remembrance serves as a reminder of the great debt we owe to our service members and their families. As part of our commitment to supporting veterans and their loved ones, we want to highlight the long-term care benefits available to surviving spouses of wartime veterans.

Benefits Available

Three types of pension benefits provide monthly cash payments to surviving spouses with low income, long-term health care needs, or both. These are referred to as “Death Pension.”

Eligibility Requirements

Valid Marriage. The spouse and veteran must have been married for at least one year before the veteran’s death. However, there are exceptions to this rule. If the couple had a child born before or during the marriage, or if the marriage occurred before or during the veteran’s service, or before specific dates, the one-year requirement is waived. 

• World War II veteran — January 1, 1957
• Korean War veteran — February 1, 1965
• Vietnam War veteran — May 8, 1985
• Persian Gulf war veteran — January 1, 2001

The spouse must not have remarried unless the remarriage ended before November 1, 1990, or legal proceedings to end it started by that date. Furthermore, the spouse must have lived with the veteran at the time of death unless separated for non-marital discord reasons not caused by the spouse.

Wartime service and discharge. The deceased veteran must have served 90 days of active duty, with at least one day during a period of war (180 days if after September 1, 1980), and must have been discharged under conditions other than dishonorable.

Disability. The surviving spouse must be 65 or older or permanently and totally disabled. Permanent disability includes:

• being in a nursing home;
• determined disabled by Social Security Administration;
• unemployable and reasonably certain to continue so throughout life; or 
• having a disability preventing gainful employment.

Asset and Income Requirements

To qualify for a pension, a surviving spouse should have no more than $50,000 in countable assets (excluding home and vehicle). This limit is a guideline, not a strict VA rule. The VA considers total net worth, life expectancy, income, and medical expenses.

Income for VA Purposes (IVAP) must be less than the benefit amount. IVAP is calculated as gross income minus countable medical expenses. If IVAP is equal to or greater than the annual benefit, the claimant is not eligible.

Is the Surviving Spouse Housebound?

If the surviving spouse is housebound and qualifies for the regular death pension, their maximum income allowance increases, along with the annual benefit. Being housebound means they are significantly confined to their home due to a lifelong disability. Such spouses, without dependent children, can receive benefits of up to $808 monthly.

Unreimbursed medical expenses will directly reduce the spouse’s income after a small co-pay (5% of the annual pension amount) is paid. However, to qualify for an extra allowance due to being housebound, the spouse’s Income for VA Purposes (IVAP) must be below the annual income threshold.

For example, a surviving spouse earning $20,000 annually wouldn’t initially qualify for a special monthly pension for being housebound. Yet, if they can demonstrate $25,000 in unreimbursed medical expenses against their $20,000 income, they could be eligible for $9,696 in annual death pension with a housebound allowance, paid monthly, due to their negative IVAP.

Does the Surviving Spouse Require the Aid and Attendance of Another?

If the surviving spouse needs help from another person for daily activities like eating, bathing, dressing, or is blind, or a nursing home resident, they may qualify for an extra monthly pension called “aid and attendance.” This assistance must be confirmed by medical evidence from their primary care physician or facility.

Qualification

The VA evaluates a surviving spouse’s net worth, life expectancy, income, and expenses to determine eligibility for a special monthly pension. There is no look-back period or penalty for gifting assets, unlike Medicaid. However, gifting assets can cause up to five years of Medicaid ineligibility. Other Medicaid planning strategies should be considered when qualifying for death pension with aid and attendance.

The Application Process

The application process for a special monthly pension can take over a year, but benefits are retroactive to the month after submission. Proper documentation (discharge papers, medical evidence, proof of expenses, death and marriage certificates, and a complete application) can significantly speed up the process.

Other Benefits

Dependency and Indemnity Compensation (DIC). DIC is a monthly benefit for surviving spouses of veterans who died while on active duty, from a service-related injury or disease, or a non-service-related injury or disease, and who were receiving or entitled to receive VA compensation for a totally disabling service-connected disability. The basic monthly rate is $1,154.

Burial Reimbursement. A surviving spouse may get partial reimbursement for burial and funeral expenses if the veteran’s death was due to a service-related disability, while receiving VA pension/compensation, during hospitalization by VA, traveling under VA authorization, or other specific circumstances.

Service-Related Death. VA pays up to $2,000 for burial expenses for deaths on or after September 11, 2001, and up to $1,500 for deaths before this date. If buried in a VA national cemetery, some transportation costs may be reimbursed.

Nonservice-Related Death. VA pays up to $300 for burial and funeral expenses and a $300 plot-interment allowance for deaths on or after December 1, 2001. The plot-interment allowance is $150 for deaths before this date. If the veteran died in a VA hospital or under VA contracted care, some transportation costs may be reimbursed.

Conclusion

Surviving spouses should apply for VA benefits as soon as possible to avoid losing potential monthly payments. It’s crucial for those assisting surviving spouses to be aware of these benefits and help them seek legal assistance for eligibility. If you know someone who may be eligible, please contact us – we’re here to help!