To contact your local
NYS Veterans Counselor call


1-888-VETSNYS
(1-888-838-7697)


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Death Pension

What Is Death Pension ?

Death Pension is a benefit paid to eligible dependents of deceased wartime veterans.

Who Is Eligible ?

You may be eligible if:

the deceased veteran was discharged from service under other than dishonorable conditions, AND
he or she served 90 days or more of active duty with at least 1 day during a period of war time. However, 38 CFR 3.12a requires that anyone who enlists after 9/7/80 generally has to serve at least 24 months or the full period for which a person was called or ordered to active duty in order to receive any benefits based on that period of service. With the advent of the Gulf War on 8/2/90 (and still not ended by Congress to this day), veterans can now serve after 9/7/80 during a period of wartime. When they do, they generally now must serve 24 months to be eligible for pension or any other benefits. But note the exclusions in 38 CFR 3.12(d), AND
you are the surviving spouse or unmarried child of the deceased veteran, AND
your countable income is below a yearly limit set by law.

Income Limits ( effective December 1, 2003 )

If you are a...

Your yearly income must be less than...

Surviving spouse with no dependent children

$ 6,634

Surviving spouse with one dependent child

$ 8,686

 (Add $1,688 to the limit for each additional child)

 

Housebound surviving spouse with no dependents

$ 8,109

Housebound surviving spouse with one dependent

$10,157

Surviving spouse who needs aid and attendance with no dependents

$10,606

Surviving spouse who needs aid and attendance with one dependent

                     $12,654

 Surviving child (no eligible parent)         

                       $1,688

Note:  Some income is not counted toward the yearly limit
(for example, welfare benefits, some wages earned by dependent children, and Supplemental Security Income
)

How Much Does VA Pay ?

VA pays you the difference between your countable income and the yearly income limit which describes your situation (see chart above). This difference is generally paid in 12 equal monthly payments rounded down to the nearest dollar. Call the toll-free number below for details.

How Can You Apply ?

You can apply by filling out VA Form 21-534, Application for Dependency and Indemnity Compensation Or Death Pension by Surviving Spouse or Child. If available, attach copies of dependency records (marriage & children's birth certificates).

For More Information

Call Toll-Free 1-800-827-1000
Or Visit The Web Site At http://www.va.gov

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