Can a Surviving Spouse Who Has Remarried Collect VA Benefits?

by davis-admin on November 11, 2011

in Eligibility & Types of Benefits

Can the widow of a deceased veteran receive any type of VA benefits through her deceased spouse if she has remarried? Would it make a difference if the deceased veteran never collected any benefits while alive?

The answer to these questions depend on the type of benefit claimed.

First, let’s look at Disability Compensation, where the disability is traceable to a service-connected health issue. A widow of a deceased veteran who died service-connected or who was 100% rated disabled for 10 years prior to death may be able to keep their deceased veteran spouse’s benefits and and even remarry if they remarry after age 57 and on or after December 16, 2003. If they remarry before this age or before this date and later become single, they can file to have these benefits from their prior veteran spouse reinstated.

Regarding VA Pension (aid and attendance), the rules are much more restrictive. With non-service connected Pension claims, there is only one very rare case. Here is how the VA’s rule read:

On or after January 1, 1971, remarriage of a surviving spouse terminated prior to November 1, 1990, or terminated by legal proceedings commenced prior to November 1, 1990, by an individual who, but for the remarriage, would be considered the surviving spouse, shall not bar the furnishing of benefits to such surviving spouse . . .

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