Now that the VA recognizes Agent Orange exposure illnesses, should I apply for Widow’s Benefits?

“My spouse was a Vietnam Veteran who did not receive any VA benefits before his death, but now the VA recognizes Agent Orange exposure illnesses.  Should I apply for Widow’s benefits?”

You may qualify.  Not only that, your benefits may go back to the date of death.  

Example: A Vietnam veteran died from complications of ischemic heart disease in 2005. In 2007, a qualifying surviving family member files a DIC claim that VA denies in 2008. The qualifying surviving family member files another DIC claim in 2017, which VA grants based on VA’s rule adding ischemic heart disease to the list of Agent Orange-related diseases. The correct effective date for the award of DIC is the date the VA received the DIC claim in 2007.

What if I applied for Widow's Benefits and was denied?

The law changes regarding service-connected injuries so often that you may now be entitled to Widow’s benefits even if you were not entitled earlier.  Also, the VA is only human, they get it wrong sometimes.  That’s why you need a lawyer to study the case and let you know whether you are eligible for the benefit and whether to appeal, reapply or drop it.

If my spouse was disabled and passed away, will I be entitled to Widow's/Widower Benefits?

If your spouse was 100% disabled for 10 years prior to death, the spouse is eligible to receive Widow’s benefits.  

OR

If the Veteran was not 100% disabled for 10 years prior to death but nevertheless the Veteran’s death was due to or furthered by a service connected impairment, the spouse is eligible for Widow’s benefits.

Do Widow's receive benefits?

The VA provides benefits to spouses who were married to Veterans who died from Service Connected illnesses.  These benefits are called Dependency Indemnity Compensation benefits but they are better known as Widow’s benefits.