Can a Widow's VA Benefits Be Retroactive?
Widows of veterans can receive benefits from the United States Department of Veterans Affairs, more commonly referred to as the VA. The type of benefits that they can receive is known as a death pension. It is designed to offer assistance to veterans’ widows who demonstrate financial need after the passing of their spouse.
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Eligibility Requirements
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You cannot be remarried. The veteran must have been discharged from the service under other than dishonorable conditions. He must have served at least 90 days of active military service, one of which was during a war period. If he entered the military after September 7, 1980, he must have served at least 24 months of service or the entire period for which he was called to duty. You must also demonstrate financial need.
Countable Income
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Your countable income must be below the yearly limit set by Congress. As of 2010, the limit is $7,933 for an unremarried spouse without dependents. Income such as earnings, disability payments, retirement funds, interest and dividends and net income from farming or a business are all examples of countable income. Some medical expenses can be deducted from your countable income. Your net worth also affects your eligibility. Net worth is the value of your assets, such as bank accounts, stocks, bonds, mutual funds and property. The VA does not set a limit on how much net worth you can have, but it cannot be excessive. The VA determines whether an applicant’s net worth is excessive on a case-by-case basis.
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Exclusions
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There are some exclusions to countable income. Final expenses for the deceased veteran for his illness and burial are excluded. Public assistance like Supplemental Security Income is excluded. A portion of unreimbursed medical expenses paid by you after filing your claim may be excluded. Education expenses are sometimes excluded as well.
Application Process
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You must fill out VA form 21-534 to apply for a death pension. This form consists of a general information section, information about the deceased veteran, information about you and your spouse’s marriage(s), information about any dependent children, any nursing home or housebound information, your net worth and your income. After filling out the application, mail it to your nearest VA office. The VA will send you a letter letting you know it has received your claim. You won’t hear from the VA again until you get its decision letter, unless it needs additional information from you. If awarded your claim, you will receive benefits each month based upon your financial need. The first check you will receive will contain retroactive benefits, which means that your first check will be a lump sum giving you benefits for each month since you applied for benefits and waited for the VA's decision.
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