Veterans Affairs (VA) Survivor’s Pension

Veterans pension benefits are calculated by the Veteran's Benefits Administration.

The Department of Veterans Affairs (VA) provides benefits to help support surviving spouses, children, and parents of veterans. As the survivor of a Veteran, you may be eligible for Survivors Pension and Dependency and Indemnity Compensation (DIC). If you need help with daily activities or you’re housebound, you may also be eligible for VA Aid and Attendance or Housebound benefits. This article provides an overview of the VA Pension, Aid and Attendance benefits and the Household Allowance. These benefits offer financial assistance and aid to those who qualify, helping to ensure stability and access to necessary care. See Dependency and Indemnity Compensation (DIC) Benefits for information on DIC benefits.
 

Topics on this page

What are Veteran Pension Benefits?

The Department of Veterans Affairs (VA), through the Veterans Benefits Administration (VBA) administers pension programs for certain low-income veterans, their surviving spouses, and dependent children. The Survivors Pension offers monthly payments to qualified surviving spouses and unmarried dependent children of wartime Veterans. The Survivors Pension is an income or needs-based program. 

NOTE: The VA Pension benefit program is separate from Department of Defense (DOD) Pension. The DOD pension is a retirement program for eligible active duty and reservist personnel that is generally based on a minimum of 20 years of active service.
 

Eligibility

You may be eligible for the Veterans Pension program if you:

  • have not remarried after the Veteran’s death; and,
  • the deceased Veteran did not receive a dishonorable discharge.

In addition to these requirements, the deceased Veteran must have:

  • entered active duty on or before September 7, 1980, and served at least 90 days on active military service, with at least 1 day during a covered wartime period;
  • entered active duty after September 7, 1980, and served at least 24 months or the full period for which they were called or ordered to active duty (with some exceptions), with at least 1 day during a covered wartime period; or,
  • been an officer and started on active duty after October 16, 1981, and had not previously served on active duty for at least 24 months.

Children of a deceased wartime veteran may also qualify for Survivor benefits if they are unmarried and are:

  • under age 18, or
  • under age 23 and attending a VA-approved school, or
  • unable to care for yourself due to a disability that happened before age 18
     

How do I know if the military service was under an eligible wartime period?

The following wartime periods are recognized as qualifying for eligibility of the VA Pension benefit:

  • Mexican Border period (May 9, 1916 - April 5, 1917, for Veterans who served in Mexico, on its borders, or in adjacent waters)
  • World War I (April 6, 1917 - November 11, 1918)
  • World War II (December 7, 1941 - December 31, 1946)
  • Korean conflict (June 27, 1950 - January 31, 1955)
  • Vietnam War era for Veterans who served in the Republic of Vietnam (November 1, 1955 - May 7, 1975)
  • Vietnam War era for Veterans who served outside the Republic of Vietnam (August 5, 1964 - May 7, 1975)
  • Gulf War (August 2, 1990 - present (end date of conflict to be set by law or presidential proclamation)) 
     

Income Eligibility

Survivors Pension benefits are income and needs-based. To be eligible for these benefits, a survivor’s yearly income must meet income limits set by Congress. A survivor’s income for VA purposes is how much they earn, including salary, investment and retirement payments, and any income they may have from dependents. Some expenses, like non-reimbursable medical expenses (paid medical expenses not covered by your insurance provider), and educational expenses may reduce a survivor’s income for VA purposes.
 

Asset Eligibility

To be eligible for Survivor Pension benefits your net worth must meet certain limitations. A survivor’s net worth includes all real and personal property they own, minus any mortgage debt they owe. Your primary residence, your car, and most home furnishings are excluded from your net worth calculation. Personal property assets are included in a survivor’s net worth calcuation. These assets may include investments (like stocks and bonds), antique furniture, boats, among other items.

The VA will examine your financial transactions for the last 3 years to determine if you transferred assets at below market value to qualify for benefits. If you transfer assets for less than fair market value during the 3-year look-back period, and those assets would have pushed your net worth above the limit for a VA pension, you may be subject to a penalty period of up to 5 years. During the penalty period, you will not be eligible for pension benefits. The 3-year look back period applies to pension claims made after October 18, 2018.
 

Benefit Rates

If you qualify for Survivors Pension benefits, your benefit payment amount is based on the difference between your income for VA purposes and the Maximum Annual Pension Rate (MAPR). The MAPR is the maximum amount of pension payable to a Veteran, surviving spouse, or child. The MAPR is set by Congress and adjusted each year for cost-of-living increases. 

A Surviving Spouse of Dependent Child’s MAPR is based on:

  • how many dependents they have; 
  • whether they qualify for Housebound or Aid and Attendance benefits.

Current MAPR amounts can be found using the tables on the current pension rates for Veterans page.

A full list of benefit rates for veterans can be found at the VA Pension Rate Table.

Many figures used to calculate Veterans Pension benefits are revised annually by the Veterans Benefits Administration (VBA), the federal agency that administers the program. These figures are usually updated in October and can be found on the VBA website.
 

Applying

There are multiple ways to apply for Veterans Pension benefits:

If you need assistance completing the application, you can work with an accredited attorney, claims agent, or Veterans Service Organization (VSO) representative to get help applying for VA pension benefits. Learn more about getting help from a VA accredited representative of VSO.
 

NOTE: You may want to submit an intent to file form before you apply for Survivors Pension benefits. This can give you the time you need to gather your evidence while avoiding a later potential start date (also called an effective date). By submitting an intent to file form, you may be able to get retroactive payments. Find out how to submit an intent to file form.
 

Decision Reviews and Appeals

If you disagree with a VA benefit decision, you can choose from 3 decision review options to continue your case:

Supplemental Claim

If you have new evidence relevant to your claim that was not considered in the decision, you can file a Supplemental Claim. A reviewer will examine the new evidence (such as medical records) and decide if this evidence changes the decision. You can file a Supplemental Claim by completing VA Form 20-0995 or submitting your claim through the VA's online system.

Learn more about Supplemental Claims and how to file.
 

Higher-Level Review

If you do not have new evidence, but believe there was an error in your case, you can request a Higher-Level Review. A higher-level reviewer will review the original decision using the same evidence as before. Higher-level reviewers cannot consider any new evidence. You can request an optional, one-time, informal conference with a higher-level reviewer to identify specific errors in the case. Requesting an informal conference may delay the review. To request a Higher-Level Review, complete VA Form 20-0996 or submit your claim through the VA's online system.
 

Board Appeal

If you would like a Veterans Law Judge at the Board of Veterans’ Appeals to review your case, you can request a Board Appeal. You can only request a Board Appeal after an initial claim, a Supplemental Claim decision, or a Higher-Level Review decision. When you submit your request, you will need to request the type of review you want from the Board:

  • Direct Review - you don’t want to submit evidence or have a hearing
  • Evidence Submission  - you want to submit additional evidence without a hearing
  • Hearing - you want to have a hearing with a Veterans Law Judge (with or without new evidence)

You can request a Board Appeal by completing VA Form 10182 or submitting your claim through the VA's online system.

Learn more about Board Appeals and how to request a review.
 

What are Aid and Attendance Benefits and Housebound Allowance Benefits?

Aid and Attendance (A&A) Benefits and Housebound Allowance Benefits are additional monetary benefits available through the VA. These benefits are added to the VA pension—they are not standalone programs. They are designed to help veterans and their surviving spouses who need extra support due to medical or physical limitations.
 

Eligibility

Aid and Attendance Benefits

You may be eligible for this benefit if you get a VA pension and you meet at least one of these requirements.

  • You need another person to help you perform daily activities, like bathing, feeding, and dressing, or
  • You must stay in bed—or spend a large portion of the day in bed—because of illness, or
  • You are a patient in a nursing home due to the loss of mental or physical abilities related to a disability, or
  • Your eyesight is limited (even with glasses or contact lenses you have only 5/200 or less in both eyes; or concentric contraction of the visual field to 5 degrees or less)

Housebound benefits

You may be eligible for this benefit if you get a VA pension and you spend most of your time in your home because of a permanent disability.

NOTE: You cannot get Aid and Attendance benefits and Housebound benefits at the same time.

Applying

You can apply for Aid and Attendance or Housebound benefits by mail or by submitting your application in person at a regional VA office.

By mail

Fill out VA Form 21-2680 (Examination for Housebound Status or Permanent Need for Regular Aid and Attendance). You can have your doctor fill out the examination information section.

NOTE: if you are in a nursing home, you’ll also need to fill out a Request for Nursing Home Information in Connection with Claim for Aid and Attendance (VA Form 21-0779).

In person

You can bring your information to a VA regional office near you.
 

Sources of Law

Source
Web Services Librarian.
Source URL: https://www.peoples-law.org/veterans-affairs-va-survivors-pension

List of links present in page
  1. https://www.peoples-law.org/veterans-affairs-va-survivors-pension
  2. https://www.peoples-law.org/dependency-and-indemnity-compensation-dic-benefits
  3. #definition
  4. #eligibility
  5. #income
  6. #assets
  7. #rates
  8. #applying
  9. #appeals
  10. #allowance
  11. #law
  12. https://www.va.gov/pension/veterans-pension-rates/
  13. https://www.va.gov/pension/veterans-pension-rates/
  14. https://www.va.gov/pension/veterans-pension-rates/
  15. https://www.benefits.va.gov/benefits/
  16. https://www.benefits.va.gov/benefits/
  17. https://www.va.gov/pension/apply-for-veteran-pension-form-21p-527ez/introduction
  18. https://eauth.va.gov/accessva/?cspSelectFor=quicksubmit
  19. https://www.va.gov/find-forms/about-form-21p-527ez
  20. https://www.va.gov/find-forms/about-form-21p-527ez
  21. https://www.va.gov/find-locations/?facilityType=benefits
  22. https://www.va.gov/get-help-from-accredited-representative/
  23. https://www.va.gov/resources/your-intent-to-file-a-va-claim
  24. https://www.va.gov/find-forms/about-form-20-0995
  25. https://www.va.gov/decision-reviews/supplemental-claim/file-supplemental-claim-form-20-0995/
  26. https://www.va.gov/decision-reviews/supplemental-claim#how-do-i-file-a-supplemental-c
  27. https://www.va.gov/find-forms/about-form-20-0996
  28. https://www.va.gov/decision-reviews/higher-level-review/request-higher-level-review-form-20-0996/start
  29. https://www.va.gov/find-forms/about-form-10182
  30. https://www.va.gov/decision-reviews/board-appeal/request-board-appeal-form-10182
  31. https://www.va.gov/decision-reviews/board-appeal
  32. https://www.va.gov/find-forms/about-form-21-2680
  33. https://www.va.gov/find-forms/about-form-21-0779
  34. https://www.va.gov/find-locations
  35. https://uscode.house.gov/view.xhtml?path=/prelim@title38/part2/chapter15&edition=prelim
  36. https://www.ecfr.gov/current/title-38/chapter-I