The VA has a tax-free pension benefit for low-income surviving spouses and/or unmarried children of deceased Veterans. VA Pensions for Low-Income Surviving Spouses  is called the Survivors Pension (or Death Pension) benefit. Total family income must be less than the amount set by Congress to qualify for the benefit, and the following service requirements must be met:

  • For service on or before September 7, 1980, the deceased Veteran must have served in active military service for at least three months, with one day during a wartime period.
  • For service after September 7, 1980, the deceased Veteran must have served in active duty for at least two years or the entire period for which he or she was called to active duty, with one day during a wartime period.
  • The deceased Veteran must have been honorably discharged from active duty

A child or children of a deceased Veteran must be:

  • Under 18
  • Age 23 or under age 23 if enrolled in a VA-approved school
  • Unable to support him- or herself due to a disability that occurred before age 18.

You will need to complete VA Form 21-534EZ, which you can download from the VA’s website, and mail it to your regional VA benefit office. Elder law attorneys who specialize in Veterans benefits may also be able to assist with completing your application and address any questions you may have.