Our Attorneys Help Military Widows/Spouses Receive Veteran’s Benefits
Our lawyers are honored to work for husbands and wives of fallen service members
The husbands and wives of service members or former service members who died as a result of their military service are eligible for the Dependency and Indemnity Compensation program, typically referred to as survivor’s benefits. This can be an incredibly important program for those family members struggling with bills and income following the death of a loved one. If you think are eligible for survivor’s benefits as the spouse of a fallen service member, the experienced attorneys of Marcari, Russotto, Spencer & Balaban can help.
You may be eligible for a tax-free Dependency and Indemnity Compensation program
The Veterans Administration oversees the DIC program, better known as survivor’s benefits to the spouses and family members of military members who died while serving their country. The benefit is tax-free for those who are eligible. In order to qualify, a surviving spouse must show:
- He or she was married to a service member who died on active duty, active duty for training, or inactive duty training, or
- He or she was validly married the veteran before January 1, 1957, or
- He or she married the veteran within 15 years of discharge from the period of military service in which the disease or injury that caused the veteran’s death began or was aggravated, or
- Was married to the veteran for at least one year, or
- He or she had a child with the veteran, and
- Cohabited with the veteran continuously until the veteran’s death or, if separated, was not at fault for the separation, and
- Is not currently remarried
What are the DIC rates for eligible spouses?
The rates for survivors of military personnel whose death occurred on or after January 1, 1993 was set in 2012 at $1215. However, that can change with time the unique characteristics of every case. There are also allowances added to the base rate, including:
- An additional $258 if at the time of the veteran’s death the veteran was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least eight years immediately preceding death AND the surviving spouse was married to the veteran for those same eight years
- An additional $301 per child who is under the age of 18 and a dependent
- An additional $301 if the surviving spouse is entitled to A&A
- An additional $141 if the surviving spouse is entitled to housebound
The families of those veterans who died prior to January 1, 1993 are assessed at a different rate. For more information, speak with one of our experienced VA benefits attorneys.
We must stress that an experienced attorney can greatly aid the process. Our founding partner, Don Marcari, proudly served in the Navy JAG Corps and knows what service members and military family have to endure. Let us help you get access to the benefits your family has earned.
Contact us if you think you qualify for VA survivor’s benefits for a free initial consultation!
If your husband or wife died as a result of their military obligations, Marcari, Russotto, Spencer & Balaban can assist you through the process of applying for spousal benefits. If you are a North Carolina or Virginia resident and you think you may be eligible for survivor’s benefits through the Veteran’s Administration, call us at 866-866-VETS or contact us online. You pay nothing until your case is resolved and you received compensation.
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— Alfred Daye
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— Harry Johnson
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— Luther Henderson
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— Michele DeZayas
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— Michele DeZayas
