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Ask an Attorney: Benefits after Death

Question
Hi! My father was in the U.S. Navy. He passed away in 2008 and my mom passed away in 2011. I would like to find out if my father's benefits really stopped after my mother's death?

 

Answer
Thank you for your question and we are sorry for your loss.


Generally, yes, VA benefits end with the death of the Veteran and their spouse.

 

Your question did not include the type of benefits you were referring to or the age of your parents, but generally speaking, benefits do not flow to a child over the age of 18 (or 23 if in school).  The only exceptions would be if a child was:

  • incapable of supporting themselves before the age of 18 (pursuant to 38 C.F.R. § 3.57(a)(ii)) and is unmarried (under 38 C.F.R. § 3.950); or
  • is a child of a Vietnam or Korean veteran and has spina bifida or a birth defect (pursuant to 38 C.F.R. §§ 3.814, 3.815)
  • In both instances, a separate claim would need to be filed.


If you think you may qualify under one of these exceptions, we encourage you to reach out to your local Veterans Service Organization, accredited agent, or attorney to assist you in filing a claim.

 

You can search for help through a VA accredited VSO, agent, or attorney on the eBenefits website: https://www.ebenefits.va.gov/ebenefits/vso-search.


Thank you so much for contacting us.  We wish you the best!

The Veterans Consortium Pro Bono Program

Topics:
  • U.S. Court of Appeals for Veterans Claims Appeal