SURVIVOR BENEFITS

1. Veteran’s active-duty service was on or before September 7, 1980, and the veteran served at least 90 days on active military duty, with at least 1 day during a congressionally declared wartime period, or
2. Veteran’s active-duty service was after September 7, 1980, and the veteran served at least 24 months or the full period for which they were called or ordered to active duty (exceptions apply), with at least 1 day during a congressionally declared wartime period or
3. Veteran was an officer and started active duty service after October 16, 1981, and had not previously served on active duty for at least 24 months
4. NOTE: remarrying may cause an issue. Dishonorable discharge is a bar to this benefit. Please contact us if you wish to discuss further.

Here is a short breakdown of the requirements for eligibility:

1. You must have lived with the veteran without a break up until the veteran’s death OR there was a separation but of no fault of your own; AND,
2. You married the veteran within 15 years or the veteran’s discharge when the claimed started or the disability worsened; or
3. Married to the veteran for at least one year; or,
4. There is a mutual child with the veteran.

NOTE: Remarrying is not a bar to this disability. Please give us a call to discuss this interesting fact, if this applies.

You will need to provide EVIDENCE to support this claim(s), such as:

1. The veteran died on active duty, active duty for training (reserves/National Guard), or inactive duty for training (Reserves/National Guard); or,
2. The veteran dies from a Service-Connected injury or illness (NOTE: the M-21 adjudication manual states that the cause of death does not need to be a claimed disability!!! This is worth a conversation with a good advocate); or,
3. The veteran passed away and at the time of death was considered totally disabled (this is the P&T, or T&P depending on who you talk to, scenario).

NOTE: The P&T scenario is often times misapplied by the VA.

For Total and Permanent to apply, the following should be shown:

1. P&T for at least 10 years before the veteran’s death; or,
2. Since discharge, at least 5 years before the veteran’s death; or,
3. If a POW and died after September 30, 1999, at least one year before the veteran’s death

NOTE: These claims are complicated because of the veteran’s death. Please reach out to us to discuss.  Allowing an experienced advocate to handle this type of stress may help during this time.  Many blessings and be well.

ALL these elements must be true:

1. The child is not married; AND,
2. The child is not part of the surviving spouse’s compensation; AND,
3. The child is under the age of 18 or under the age of 23 while also attending school (additional forms to be filled out).

NOTE: Remarrying is not a bar to this disability. Please give us a call to discuss this interesting fact, if this applies.

You will need to provide EVIDENCE to support this claim(s), such as:

1. The veteran died on active duty, active duty for training (reserves/National Guard), or inactive duty for training (Reserves/National Guard); or,
2. The veteran dies from a Service-Connected injury or illness (NOTE: the M-21 adjudication manual states that the cause of death does not need to be a claimed disability!!! This is worth a conversation with a good advocate); or,
3. The veteran passed away and at the time of death was considered totally disabled (this is the P&T, or T&P depending on who you talk to, scenario).

NOTE: The P&T scenario is often times misapplied by the VA.

For Total and Permanent to apply, the following should be shown:

1. P&T for at least 10 years before the veteran’s death; or,
2. Since discharge, at least 5 years before the veteran’s death; or,
3. If a POW and died after September 30, 1999, at least one year before the veteran’s death

For eligibility BOTH of these two elements must be true:

1. You are the veteran’s biological, adoptive or foster parent; AND,
2. Your income is below a certain level, per https://www.va.gov/disability/parent-dic-rates

NOTES: Each benefit possesses unique qualifications for eligibility. These elements can be cumbersome and and often times, misapplied by the VA. Please contact us to discuss further.