Does spouse get VA disability benefits after death? What really happens to those checks

Losing a partner is a heavy lift. It’s even heavier when that partner was a veteran whose VA disability check kept the lights on and the fridge full. Honestly, most families don't want to think about the "what ifs" until they’re standing in the middle of them.

You might be sitting at the kitchen table right now, looking at a stack of mail and wondering: does spouse get va disability benefits after death?

The short answer is a bit of a gut punch. No, the veteran’s actual disability check usually stops the day they pass. The VA doesn't just "transfer" the same monthly payment over to you like a Netflix subscription. But—and this is a big "but"—that doesn't mean you're left with nothing. There are entirely different programs designed specifically for you.

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The hard truth about the final check

Here is the thing that catches people off guard. VA disability compensation is for the living veteran. According to federal law (specifically 38 CFR § 3.500), benefits technically end on the last day of the month before the veteran dies.

If a veteran passes away on June 15th, the VA usually considers them "entitled" to benefits only through May 31st. If a check arrives in July for the month of June, the VA might actually ask for it back. It feels cold. It feels bureaucratic. Basically, it’s one of those rules that makes a hard time even harder.

However, you can often keep the "month of death" payment if you notify them quickly and meet certain criteria. But don't count on that $3,800 check continuing forever. It won’t.

Does spouse get VA disability benefits after death through DIC?

Since the veteran's check stops, the VA offers something called Dependency and Indemnity Compensation (DIC). This is the big one. It's a tax-free monthly benefit, and for 2026, the base rate is $1,699.36.

Think of DIC as the survivor's version of disability. You don't get the veteran's old rate; you get this new, set rate. But you have to "qualify" all over again.

Who actually qualifies for DIC?

It’s not automatic. To get that $1,699.36 (or more if you have kids), one of these things usually has to be true:

1. The veteran died from a service-connected disability.
2. The death wasn't service-connected, but they were rated 100% P&T (Permanent and Total) for at least 10 years before they died.
3. They were 100% P&T for at least five years leading up to death, starting from the day they left the military.
4. They were a former POW and were rated 100% P&T for at least one year before passing.

If your spouse was only rated at 60% and died of something unrelated to their service (like a car accident), getting DIC is much, much harder. You’d have to prove that their service-connected condition "contributed" to their death.

The "8-year" kicker you should know about

There is a little-known "bonus" in the DIC world. If you were married to the veteran for the entire eight years leading up to their death, and they were rated totally disabled for those same eight years, the VA adds an extra $360.85 to your monthly payment. In the world of VA math, we call this the "8-year rule."

What about Accrued Benefits?

Sometimes the veteran dies while they are still fighting the VA for a rating increase. Maybe they filed a claim two years ago, and the VA just... sat on it.

If that claim eventually gets approved after the veteran dies, the spouse can get the "accrued benefits." This is basically the back pay the veteran would have received if they were still alive. You have to file for this within one year of their death, or the money stays with the government.

Survivors Pension: For when things are tight

If you don't qualify for DIC because the death wasn't service-connected, you might still qualify for the VA Survivors Pension.

This is very different. It’s "needs-based," which is a polite way of saying it’s for people with very low income and limited assets.

• Your "net worth" has to be below a certain limit (around $155,000 in 2024/2025, adjusting for 2026).
• The veteran must have served during a "wartime period" (like Vietnam or the Gulf War).
• You haven't remarried.

It’s not a ton of money, but for a widow or widower struggling to make ends meet, it’s a lifeline.

The remarriage trap

This is where it gets kinda messy. If you remarry, you generally lose your DIC.

But there are age-based loopholes. If you remarry on or after January 5, 2021, and you are at least 55 years old, you can actually keep your DIC. If you remarried earlier than that, the age requirement was 57. It’s a weird, specific rule, but it matters if you’re trying to move on with your life without losing your financial safety net.

Health insurance and other "hidden" perks

If the veteran was 100% P&T, you likely have CHAMPVA.

Good news: this usually continues. You can keep your health insurance coverage, which is honestly sometimes more valuable than the cash benefit itself. There’s also the Chapter 35 DEA program, which pays for school or job training for surviving spouses. If you’ve ever wanted to go back to college, this is your sign.

Steps you need to take right now

You can't just wait for the VA to send you a letter. You have to be proactive.

First, get the death certificate. Make sure it’s the "long-form" version that lists the cause of death. If the doctor didn't list their service-connected disability as a cause (or a contributing factor), call the doctor. Ask them to amend it if it's medically accurate. This one document can be the difference between a "yes" and a "no" from the VA.

Second, file VA Form 21P-534EZ. This is the "big" form. It covers DIC, the Survivors Pension, and Accrued Benefits all at once.

Third, notify the VA immediately. Call 800-827-1000. If you keep spending their disability checks after they’ve passed, the VA will eventually come knocking for that money, and they aren't known for their leniency.

Fourth, check the burial allowance. The VA pays a certain amount toward funeral and burial costs—usually more if the death was service-connected. If they are buried in a National Cemetery, the plot and headstone are covered, which saves the family thousands.

The transition from a veteran's disability check to survivor benefits is never seamless. It’s clunky. It takes months of paperwork. But understanding that the old check will stop—and that a new, different one is waiting—is the first step to keeping your head above water.

Next Steps for You:

1. Locate the DD-214: You will need the original or a certified copy of the veteran’s discharge papers to start any claim.
2. Contact a VSO: Find an accredited Veterans Service Officer (VSO) from organizations like the VFW, American Legion, or DAV. They help you file these forms for free and know how to word the "cause of death" arguments.
3. Submit an "Intent to File": If you aren't ready to submit the whole 534EZ form yet, submit an "Intent to File" (VA Form 21-0966). This preserves your "effective date," meaning when you finally do get approved, they'll pay you all the way back to the day you told them you were going to file.