VA Spouse Benefits of Disabled Veterans
June 06, 2022
This year, we’ve heard from many clients that their monthly VA disability benefits do not reflect their spouse or additional dependents. Now, this could be due to the COVID-19 pandemic having many veterans restricted to their houses over the last two years. But, if you are rated at or above a certain percentage by the Department of Veterans Affairs, you can add dependents like a spouse to your monthly compensation award.
Additional Compensation for Dependents
VA provides additional monthly compensation for veterans with qualifying dependents who have a combined disability rating of 30% or higher. Qualifying dependents include:
- A spouse
- Children under the age of 18
- Children between the ages of 18 and 23 who are still in school
- Dependent parents
By adding your spouse or additional dependents, you may add up to $125 a month on top of what the VA already sends you. The specific amount may vary yearly – consider COLA adjustments – and the number of dependents increases the amount.
Applying for VA Spousal Benefits
For some reason, the trend we are seeing is in veterans with long-standing disability ratings above 30% that are not adding their spouse or dependents and are missing out on a monthly benefits increase. Now, why is this?
This is essentially an oversight on the veteran’s part. Maybe the rating was issued pre-marriage or in-between marriages. Or maybe the veteran never mentioned it to the service officer.
Naturally, VA requires a specific form to be filled out to add a spouse or any dependent. VA Form 21-686C explains the necessary proof to verify a “marriage by ceremony” or “common law marriage” or even a “tribal ceremony”. The process to establish a same-sex or transgender marriage is no different from the process for opposite-sex marriages.
Tips When Applying for Benefits
It is sad to hear a veteran has died and never put their spouse on their VA disability payments. Often after their death, a spouse finds out what they have missed for all those years and it can be very difficult. This actually happened recently with a new client and it was absolutely heartbreaking. Veterans and spouses need to know there is no retroactive effect for this situation. So here are a few suggestions:
- DO NOT assume that a spouse has been automatically listed. Check and confirm it.
- DO NOT assume the service officer or attorney that assisted you knew you were married and submitted the necessary paperwork. Remember, they don’t know unless you tell them.
- DO NOT assume it was automatic since your rating increased at or above 30%. This benefit is easy to fill out and provide proof of the marriage.
- Once finished, VA will review and make a determination. If approved, they will increase the monthly benefits.
If we can be of any assistance with filing a new VA Disability Claim, Increasing a Disability Rating, or just making sure you are getting all your benefits – including adding your spouse – please call Legal Help For Veterans, PLC at (800) 693-4800.