what are the eligibility criteria for the survivor's pension benefit for veterans

Survivors Pension Benefit: A Vital Resource for Veterans' Families

By Veterans Affairs Law posted on August 30, 2024

The Survivor's Pension Benefit is a crucial financial lifeline for the families of deceased veterans. Administered by the Department of Veterans Affairs (VA), this benefit provides a monthly payment to eligible survivors. However, understanding the eligibility criteria can be complex. At Veterans Affairs Law, a Sarasota-based law firm run by veterans, we're dedicated to helping veterans and their families navigate the legal complexities surrounding VA benefits.

Eligibility for the Survivor's Pension Benefit

To qualify for the Survivor's Pension Benefit, the deceased veteran must have met certain service requirements and been receiving or entitled to receive VA disability compensation at the time of death. The specific criteria vary depending on the veteran's active-duty service period:

Veterans with Active-Duty Service on or Before September 7, 1980

If the veteran served on active duty before September 7, 1980, they must have completed a minimum of 90 days of active military duty during a congressionally declared wartime period. This includes periods such as World War II, the Korean War, and the Vietnam War.

Veterans with Active-Duty Service After September 7, 1980

For veterans who served on active duty after September 7, 1980, the service requirement is more extensive. They need a minimum of 24 months of service, including at least 1 day during a congressionally declared wartime period.

Officers with Active-Duty Service After October 16, 1981

Officers who began their active-duty service after October 16, 1981, have an additional requirement. They must not have previously served for at least 24 months.

Additional Eligibility Factors

Besides the service requirements, other factors may affect eligibility for the Survivor's Pension Benefit:

  • Disability Rating: The deceased veteran must have had a VA disability rating at the time of death.
  • Marriage Status: The surviving spouse must have been married to the veteran at the time of death or have been legally married to the veteran for at least two years.
  • Dependency: If there are dependent children, they must have been under 18 at the time of the veteran's death or enrolled in a secondary school.

Navigating the VA Claims Process

Applying for the Survivor's Pension Benefit can be a daunting process. It involves gathering extensive documentation, understanding the eligibility criteria, and effectively communicating with the VA. At Veterans Affairs Law, our experienced attorneys can guide you through every step of the claims process, ensuring that your application is complete and maximizes your chances of a successful outcome.

Don't Let the VA Overlook Your Claim

Unfortunately, many eligible survivors fail to receive the benefits they deserve due to the complexities of the VA claims system. If you believe you may be eligible for the Survivor's Pension Benefit, don't hesitate to seek legal assistance. Our team at Veterans Affairs Law is committed to advocating for veterans and their families, ensuring that they receive the compensation they rightfully earned.

Sarasota Veterans: Contact Us Today

If you have questions about the Survivor's Pension Benefit or need help filing a claim, please contact Veterans Affairs Law in Sarasota at 941-552-6677. Our dedicated attorneys are ready to assist you and protect your rights.

Get in Touch

Please call us at (941) 552-6677 or fill out the form below and someone from our team will be in touch shortly.

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