Surviving spouses and children of deceased wartime Veterans have lost not only a loved one, but often their primary source of financial stability. To offset this loss, the U.S. Department of Veterans Affairs (VA) administers the VA Survivors Pension, delivering tax-free benefit payments to eligible spouses (who do not remarry) and dependent children of deceased wartime Veterans. However, strict conditions apply and many claimants may be ineligible for survivor benefits due to the income and net worth limits.
Are Children Eligible for VA Survivors Pension Benefits?
A deceased Veteran’s unmarried children may be eligible if they are under 18. The age limitation is higher for students enrolled in a VA-approved educational/training institution (up to age 23) as well as children that are permanently incapable of self-support prior to the age of 18.
What are the Active Duty Criteria?
The deceased Veteran must not have received a dishonorable discharge. In addition, they must meet one of these conditions:
- The Veteran 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, or
- The Veteran entered active duty after September 7, 1980, and served at least 24 months of the full period for which they were called or ordered to active duty, with at least 1 day during a covered wartime period, or
- The Veteran was an officer and started on active duty after October 16, 1981, and hadn’t previously served on active duty for at least 24 months.
What are the Covered Wartime Periods?
In order to be eligible for VA pension benefits, the Veteran must have served during a certain wartime period. The recent “wartime periods” covered include the Gulf War, Vietnam, Korea, and World War II. For Vietnam Veterans, service in the Republic of Vietnam must have been sometime between November 1, 1955, and May 7, 1975 and outside the Republic of Vietnam must have been between August 5, 1964, and May 7, 1975. Currently, Veterans who served in the Gulf War, which includes from August 2, 1990, through a future date to be set by law or presidential proclamation, are eligible for pension benefits.
What are VA Aid and Attendance or Housebound Benefits?
The VA Survivors Pension provides additional compensation for survivors or their dependents who need another person’s help to perform daily activities like bathing, feeding, or dressing. Those who are bedridden, need assistance with daily activities, are in a patient or nursing home, or have severely limited eyesight, may also qualify for Aid and Attendance or Housebound Benefits.
What are the Net Worth and Income Limits?
VA Survivors Pension benefit rates are based on the difference between your countable income and your Maximum Annual Pension Rate (MAPR). The MAPR depends on the number of dependents and whether you qualify for Aid and Attendance or Housebound benefits. Countable income is how much you earn, including your salary, investment, and retirement payments, and any income you may have from your dependents. Some medical and educational expenses may reduce your countable income.
As an example, Mary is a surviving spouse with one dependent child. She qualifies for survivors pension benefits, including Aid and Attendance. Based on 2024 payout rates, Mary’s MAPR is $21,166. Mary’s annual income is $10,000 which is subtracted from the MAPR, resulting in an annual VA pension of $11,166 for the year (or $930.50 paid each month).
There is also a net worth limit to be eligible for Survivors Pension benefits. The current maximum is $155,356 (until November 30, 2024). Net worth includes your assets and annual income. Asset values are determined by the fair market value of all your real and personal property, minus any mortgage amounts. This includes things like land and buildings you own, investments, furniture, and boats. It does not include your primary residence, your car, and basic home items like appliances.
Get the Benefits you Deserve
At Vets National Advocates, we help Veterans and their survivors get the support they need and deserve. We use our expert knowledge to navigate the complexity of disability claims and benefits. Contact us today for a free consultation using our online form or call 1 (877) 777-4021.
