When are children eligible to receive a veteran’s death pension benefits?

A veteran’s death pension, also called a survivors pension, is only paid to low-income families of a veteran who served during wartime. This is an additional benefit paid to families of veterans who have limited resources, and the amount the family receives is based on income.

In order to see if children are eligible for a veteran’s death pension, he or she must meet the following requirements:

  • Requirements of survivors. Children may be eligible to receive a portion of a veteran’s survivors pension if he or she is under 18 years old; is under 23 years old and attending school; OR cannot support him or herself due to an illness or injury that occurred before age 18. Surviving spouses will remain eligible for the veteran’s survivors pension for the rest of his or her lifetime or until remarriage.
  • Veteran’s service requirements. A veteran who entered service before September 7, 1980 must have served at least 90 days and at least one day during wartime for his or her survivors to be eligible for the death pension; veterans who entered service after September 7, 1980 must have served at least a full 24 months of service and been on duty for at least one day during wartime.
  • Income requirements. The family’s annual income must be less than the current income and assets limit of the VA death pension program. If the family has a significant amount of income or assets, both the spouse and children are ineligible for pension benefits.

You Will Likely Need an Attorney to Get the Benefits You Deserve

Unfortunately, many families are denied these benefits because they do not have access to the records they need to prove the requirements of active service. Our VA disability attorneys can tell you whether your spouse served during wartime, and also check to see whether you may qualify for additional benefits. Call Cuddigan Law today at 402-933-5405 or get more information in our free book, The Essential Guide to VA Disability Claims.

 

Sean D. Cuddigan
SSA and VA Disability Attorney in Omaha, Nebraska