Enter Your Zip Code to Connect with a Lawyer Serving Your Area
Military veterans who suffered disabilities as a result of their service are typically eligible for military disability benefits and support. In order to receive this support, the veteran must work with the local Department of Veterans' Affairs to submit an application, which will deal with information such as the nature and extent of the disability. Once an application is approved, he or she will receive benefits that can range from financial assistance to health care.
In situations where a disabled veteran has a spouse, children or other dependents, those family members will be taken into account when the benefits are calculated in order to provide disabled veteran spouse benefits. For example, a veteran who receives military disability pay will typically receive a higher amount per month if he or she has a spouse or children to support. In this situation, there is no need for any extra application process or approvals; the spouse will receive the support automatically upon the approval of the veteran's own application.
Medical care is also available to the spouses (and dependents) of disabled veterans, through a program known as the Civilian Health and Medical Program of VA (CHAMPVA). This program covers reimbursement for various types of medical care, ranging from prescription medication costs to inpatient hospital treatment. Those who receive the benefit may seek treatment at any VA hospital for free; certain types of treatment, or visits to medical providers other than those affiliated with the VA, may require a small co-pay or other fees.
The application process for a spouse or dependent for the CHAMPVA program is as follows:
To be eligible for CHAMPVA, the spouse or dependent of the veteran must meet certain criteria. The main concern is the status of the veteran in question; he or she must be judged by the VA to be permanently and totally disabled due to a service-related ailment. If the veteran is deceased, he or she must have died with a permanent disabled rating in place, or in the line of duty. Eligibility also involves the dependency status of the individual seeking the benefits. In other words, the veteran must claim the spouse or child as a dependent. This may be done through the local VA office, which will provide the veteran with a Declaration of Status of Dependents form. A proof of the relationship, such as a marriage license, will be required.
The CHAMPVA application, available from any VA office or from the VA website, requires information about the veteran as well as the spouse's situation and medical conditions. A variety of required forms and documents will also need to be submitted, including information on any other health insurance coverage, tax and bank statements to show financial standing, and proof of Medicare (or proof of ineligibility for Medicare), if applicable.
As with any processing of benefits forms, a CHAMPVA application can be a time consuming process, and the applicant can speed up the process by providing the VA with some optional documentation along with the required forms. To expedite the process, submit: your marriage license, proof of the veteran's disability rating and the veteran's discharge certificate.
It's important to note that CHAMPVA benefits, as well as those supplied to spouses via the veteran's own support benefits, are applicable in situations where the veteran is still alive.
In situations where a disabled veteran is deceased, there are several other benefit programs available to spouses and dependents, and those require separate application processes through the VA. A brief overview of just a few of these programs is below.
This benefit is a tax-free support payment made to surviving spouses and children of deceased veterans. DIC is also available for parents of the decedent and is based upon income.
This support program helps spouses and dependents pay for monthly education or training in professional, educational and vocational programs.
The spouse of a service person who died in service, or due to a service-related disability, can be eligible for a guaranteed home loan from a private lender, in order to purchase, construct or perform improvements upon a home.
The VA provides headstones and grave markers for the graves of veterans, as well as for eligible dependents buried in military-affiliated cemeteries.
Designed for active duty, activated guard and reserves, and retired members of the services as well as their families and survivors, TRICARE is a large system that combines VA care with civilian medical providers. This system is available to spouses of deceased veterans; while availability and the actual benefits provided will vary depending on factors such as income, Medicare eligibility and more, the general idea is that a veteran must enroll his or her dependents in the TRICARE system upon registering with the military. Then, upon the death of the veteran, a surviving spouse can continue to receive TRICARE for three years, and possibly longer. Those spouses and dependents not eligible for continuing TRICARE may be eligible for CHAMPVA coverage.
Understanding all of the benefits available to spouses of military veterans can be complicated. If you need assistance, it is in your best interests to speak with a qualified and experienced attorney for guidance.
Social Security Disability Basics
Eligibility for Disability
Filing for Social Security Disability
Medical Conditions Eligible for Disability Benefits
Social Security Denials & Appeals
Disability Benefits Information
Eligibility for Workers' Compensation
Workers' Compensation Benefits Information
Workers Comp Tips & Advice