100% Disabled Veteran Spouse Benefits, Including After the Veteran’s Death

While the veteran is living, a veteran rated 100% is paid more with a spouse, and the spouse may be eligible for CHAMPVA health coverage and Chapter 35 education benefits, depending on the kind of 100% rating. After the veteran’s death, the surviving spouse may qualify for Dependency and Indemnity Compensation (DIC), which starts at $1,699.36 a month in VA’s table effective December 1, 2025, and for CHAMPVA, education, home loan and burial benefits. Use the checker below, then read the rule behind each answer.

Maintained by Archie Chang · Sources checked against VA, the U.S. Code and the eCFR on October 31, 2026 · Methodology & sources

Not legal advice. FedRateCalc is independent and is not affiliated with the Department of Veterans Affairs or any government agency. The checker is informational and VA decides who qualifies and what it pays. Amounts marked official are VA’s published tables; amounts marked estimate are ours until VA publishes. See also VA DIC rates, Chapter 35 rates and what a 100% rating unlocks.

What a surviving spouse may qualify for

Answer the questions about the veteran and about you. Each benefit shows likely, not likely or depends, the rule and its citation, and the page estimates the monthly DIC with the same rate tables as the DIC rates page.

About the veteran and the surviving spouse

The starting answers are an example, not a recommendation. Replace them with yours.

Result

  • Dependency and Indemnity Compensation (DIC): Likely

    The death was caused by a service-connected condition, so DIC is payable to the surviving spouse (38 U.S.C. 1310(a)), if the marriage and other rules are met.

    38 U.S.C. 1310

  • DIC 8-year provision (added amount): Likely

    The veteran was rated totally disabling for at least eight continuous years before death and you were married to the veteran for those years (38 U.S.C. 1311(a)(2)).

    38 U.S.C. 1311(a)(2)

  • DIC transitional benefit for children under 18: Not likely

    The transitional benefit is for a surviving spouse with one or more children below the age of 18.

    38 U.S.C. 1311(f)

  • CHAMPVA health coverage: Likely

    The surviving spouse of a veteran who died as a result of a service-connected disability may be eligible, if not eligible for TRICARE, and if eligible for Medicare, with Medicare Part A and Part B (VA: you must have both to get or keep CHAMPVA) (38 U.S.C. 1781(a)(2)(A); 38 CFR 17.271(a)(2)).

    38 U.S.C. 1781; 38 CFR 17.271; 38 CFR 3.55

  • Chapter 35 education (DEA): Likely

    The surviving spouse of a veteran who died of a service-connected disability, or who died while a total disability permanent in nature was in existence, is an eligible person (38 U.S.C. 3501(a)(1)(B), (D)). VA’s 2026-27 table, effective October 1, 2026, lists $1,621.00 a month for full-time institutional training. Any time limit depends on when the qualifying event happened.

    38 U.S.C. 3501; 38 U.S.C. 103(d)

  • VA home loan certificate of eligibility: Likely

    VA lists a surviving spouse who is eligible for or currently receiving certain types of DIC. VA’s page does not say which types, so confirm with a certificate of eligibility request.

    VA home loan eligibility page; 38 U.S.C. 103(d)

  • VA funding fee exemption: Likely

    A fee may not be collected from a surviving spouse of a veteran who died from a service-connected disability (38 U.S.C. 3729(c)(1)). VA also lists receiving DIC as a surviving spouse.

    38 U.S.C. 3729(c)(1)

  • Burial allowance: Likely

    For a death from a service-connected disability, VA pays burial and funeral expenses in an amount not exceeding the greater of $2,000 or the amount under 5 U.S.C. 8134(a) (38 U.S.C. 2307), on the request of the survivors who paid them. VA says there is no time limit for a service-connected death. The veteran must not have received a dishonorable discharge.

    38 U.S.C. 2307; VA burial allowance page

  • Benefit for the month of death: Likely

    A surviving spouse of a veteran is entitled to a benefit for the month of the veteran’s death if the veteran was receiving compensation or pension at death, in the amount the veteran would have received for that month (38 U.S.C. 5310(a)). This is separate from DIC.

    38 U.S.C. 5310

Estimated monthly DIC

  • Basic monthly rate$1,699.36
  • 8-year provision$360.85

$2,060.21 a month (2026 table, official, effective December 1, 2025)

$2,134.38 a month (2027 estimate, estimate, effective December 1, 2026, until VA publishes its 2027 table)

This checker is informational and applies the rules quoted on this page; VA decides. It does not test the date of the marriage, whether the spouse lived with the veteran, willful misconduct, TRICARE or Medicare conditions, or the time limits on Chapter 35. The DIC estimate assumes the veteran died on or after January 1, 1993.

While the veteran is living

Compensation with a spouse

A veteran rated 100% is paid more with a spouse than alone. VA’s compensation table, effective December 1, 2025, shows these 100% rows:

“Dependent status 70% disability rating (in U.S. $) 80% disability rating (in U.S. $) 90% disability rating (in U.S. $) 100% disability rating (in U.S. $)
Veteran alone (no dependents) 1,808.45 2,102.15 2,362.30 3,938.58

With spouse (no parents or children) 1,961.45 2,277.15 2,559.30 4,158.17
”
VA compensation rates (effective December 1, 2025), 70% to 100% table, with spouse
“Spouse receiving Aid and Attendance 141.00 161.00 181.00 201.41”
VA compensation rates (effective December 1, 2025), added amount
Monthly compensation at 100% with a spouse, from VA’s table and our 2027 estimate
Per month2026 (official, effective December 1, 2025)2027 (estimate, effective December 1, 2026)
Veteran alone$3,938.58$4,080.37
With a spouse$4,158.17$4,307.87
The spouse adds$219.59$227.50
Added if the spouse needs aid and attendance$201.41$208.66

The 2027 column is an estimate until VA publishes its 2027 table. The amounts and the other levels are on the 100% level page, and the 100% level is the one where several spouse benefits turn on a permanent and total (P&T) rating rather than the rating percentage alone.

CHAMPVA health coverage

VA’s page and the regulation set the same test. A 100% rating is not enough by itself: the rating has to be permanent and total.

“At least 1 of these must be true:
You’re the spouse or dependent child of a Veteran who’s been rated permanently and totally disabled from a service-connected disability, or

You’re the surviving spouse or dependent child of a Veteran who died from a service-connected disability, or

You’re the surviving spouse or dependent child of a Veteran who was at the time of their death rated permanently and totally disabled from a service-connected disability

And you must also not be eligible for TRICARE:
”
VA, CHAMPVA benefits, Eligibility for CHAMPVA
“If you’re eligible for or enrolled in TRICARE, you can’t get CHAMPVA benefits.”
VA, CHAMPVA benefits, Eligibility for CHAMPVA
“If you’re eligible for Medicare, you must have Medicare Part A and Part B in order to get or keep CHAMPVA benefits. A Medicare Advantage plan (also called Part C) also meets this requirement.”
VA, CHAMPVA benefits, people who are age 65 or older or who qualify for Medicare at any age
“A “permanent and total disability” is a disability that we’ve rated as 100% disabling and that’s not expected to improve.”
VA, CHAMPVA benefits, Eligibility for CHAMPVA

The statute (38 U.S.C. 1781) and the regulation (38 CFR 17.271):

“(a) The Secretary is authorized to provide medical care, in accordance with the provisions of subsection (b) of this section, for—
(1) the spouse or child of a veteran who has a total disability, permanent in nature, resulting from a service-connected disability,

(2) the surviving spouse or child of a veteran who (A) died as a result of a service-connected disability, or (B) at the time of death had a total disability permanent in nature, resulting from a service-connected disability,

(3) the surviving spouse or child of a person who died in the active military, naval, air, or space service in the line of duty and not due to such person’s own misconduct, and

(4) an individual designated as a primary provider of personal care services under section 1720G(a)(7)(A) of this title who is not entitled to care or services under a health-plan contract (as defined in section 1725(h) of this title),

who are not otherwise eligible for medical care under chapter 55 of title 10 (CHAMPUS).
”
38 U.S.C. 1781(a)
“(a) General entitlement. The following persons are eligible for CHAMPVA benefits provided that they are not eligible under Title 10 for the TRICARE Program or Part A of Title XVIII of the Social Security Act (Medicare) except as provided in paragraph (b) of this section.
(1) The spouse or child of a veteran who has been adjudicated by VA as having a permanent and total service-connected disability;

(2) The surviving spouse or child of a veteran who died as a result of an adjudicated service-connected condition(s); or who at the time of death was adjudicated permanently and totally disabled from a service-connected condition(s);
”
38 CFR 17.271(a)

Chapter 35 education (DEA)

A spouse of a veteran with a total disability permanent in nature resulting from a service-connected disability is an eligible person under 38 U.S.C. 3501 (text):

“(D) (i) The spouse of any person who has a total disability permanent in nature resulting from a service-connected disability sustained during a period of qualifying service, or (ii) the surviving spouse of a veteran who died while a disability so evaluated was in existence.”
38 U.S.C. 3501(a)(1)(D)
“(8) The term “total disability permanent in nature” means any disability rated total for the purposes of disability compensation which is based upon an impairment reasonably certain to continue throughout the life of the disabled person.”
38 U.S.C. 3501(a)(8)

VA’s Chapter 35 rate for full-time institutional training is $1,621.00 a month for 2026-27, effective October 1, 2026 (VA’s rates page); the other training levels are on the Chapter 35 rates page:

“Full-time enrollment: $1,621.00 for each full month”
VA, Chapter 35 rates, effective October 1, 2026

VA funding fee

The funding fee is waived for a veteran who is receiving compensation. VA lists the exemptions this way, and the statute’s waiver reads as follows. Both speak of the veteran who receives compensation or, after death, of the surviving spouse; neither gives a living spouse a separate exemption. Rates and the calculator are on the VA funding fee page.

“You won’t have to pay a VA funding fee if any of these descriptions are true for you:
You’re receiving VA compensation for a service-connected disability, or

You’re eligible to receive VA compensation for a service-connected disability, but you’re receiving retirement or active-duty pay instead, or

You’re receiving Dependency and Indemnity Compensation (D.I.C.) as the surviving spouse of a Veteran, or

You’re a service member who has received a proposed or memorandum rating before the loan closing date that says you’re eligible to get compensation because of a pre-discharge claim, or

You’re an active-duty member of the Armed Forces, and on or before your loan closing date you provide evidence that you received a Purple Heart
”
VA, VA funding fee and loan closing costs
“(c) Waiver of Fee .— (1) A fee may not be collected under this section from a veteran who is receiving compensation (or who, but for the receipt of retirement pay or active service pay, would be entitled to receive compensation), from a surviving spouse of any veteran (including a person who died in the active military, naval, air, or space service) who died from a service-connected disability, or from a member of the Armed Forces who is serving on active duty and who provides, on or before the date of loan closing, evidence of having been awarded the Purple Heart.”
38 U.S.C. 3729(c)(1)

Property tax

Many states reduce or waive property tax for a veteran rated 100%, and some extend it to a surviving spouse. The rules differ by state, so this page does not restate them; see the disabled veteran property tax exemption by state page.

After the veteran’s death

Who counts as a surviving spouse

“(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.”
38 U.S.C. 101(3)

That is the statute’s definition (38 U.S.C. 101(3)). Remarriage rules are in the section below, and the marriage-date rules for DIC are in 38 CFR 3.54.

DIC for a service-connected death

“When any veteran dies after December 31, 1956, from a service-connected or compensable disability, the Secretary shall pay dependency and indemnity compensation to such veteran’s surviving spouse, children, and parents.”
38 U.S.C. 1310(a)
“(b) Dependency and indemnity compensation shall not be paid to the surviving spouse, children, or parents of any veteran dying after December 31, 1956, unless such veteran (1) was discharged or released under conditions other than dishonorable from the period of active military, naval, air, or space service in which the disability causing such veteran’s death was incurred or aggravated, or (2) died while in the active military, naval, air, or space service.”
38 U.S.C. 1310(b)

VA’s page (About D.I.C.) adds the marriage tests for a surviving spouse:

“And 1 of these must be true:
You married the Veteran or service member within 15 years of their discharge from the period of military service during which the qualifying illness or injury started or got worse, or

You were married to the Veteran or service member for at least 1 year, or

You had a child with the Veteran or service member
”
VA, About VA D.I.C., eligibility for a surviving spouse

“Deemed” DIC when the death was not service connected

A veteran rated totally disabling for long enough can qualify the spouse for DIC even when the death was not service connected. The statute (38 U.S.C. 1318) and the regulation (38 CFR 3.22) read:

“(a) The Secretary shall pay benefits under this chapter to the surviving spouse and to the children of a deceased veteran described in subsection (b) of this section in the same manner as if the veteran’s death were service connected.
(b) A deceased veteran referred to in subsection (a) of this section is a veteran who dies, not as the result of the veteran’s own willful misconduct, and who was in receipt of or entitled to receive (or but for the receipt of retired or retirement pay was entitled to receive) compensation at the time of death for a service-connected disability rated totally disabling if—

(1) the disability was continuously rated totally disabling for a period of 10 or more years immediately preceding death;

(2) the disability was continuously rated totally disabling for a period of not less than five years from the date of such veteran’s discharge or other release from active duty; or

(3) the veteran was a former prisoner of war and the disability was continuously rated totally disabling for a period of not less than one year immediately preceding death.
”
38 U.S.C. 1318(a), (b)
“(a) Even though a veteran died of non-service-connected causes, VA will pay death benefits to the surviving spouse or children in the same manner as if the veteran's death were service-connected, if:
(1) The veteran's death was not the result of his or her own willful misconduct, and

(2) At the time of death, the veteran was receiving, or was entitled to receive, compensation for service-connected disability that was:

(i) Rated by VA as totally disabling for a continuous period of at least 10 years immediately preceding death;

(ii) Rated by VA as totally disabling continuously since the veteran's release from active duty and for at least 5 years immediately preceding death; or

(iii) Rated by VA as totally disabling for a continuous period of not less than one year immediately preceding death, if the veteran was a former prisoner of war.
”
38 CFR 3.22(a)

The statute’s second period reads “not less than five years from the date of such veteran’s discharge or other release from active duty”, and the regulation turns it into “continuously since the veteran’s release from active duty and for at least 5 years immediately preceding death”. This page follows the regulation. Two more rules from the regulation: total disability includes unemployability, and the marriage test.

“(c) For purposes of this section, “rated by VA as totally disabling” includes total disability ratings based on unemployability (§ 4.16 of this chapter).”
38 CFR 3.22(c)
“(d) To be entitled to benefits under this section, a surviving spouse must have been married to the veteran—
(1) For at least 1 year immediately preceding the date of the veteran's death; or

(2) For any period of time if a child was born of the marriage, or was born to them before the marriage.
”
38 CFR 3.22(d)
“(c) Benefits may not be paid under this chapter by reason of this section to a surviving spouse of a veteran unless—
(1) the surviving spouse was married to the veteran for one year or more immediately preceding the veteran’s death; or

(2) a child was born of the marriage or was born to them before the marriage.
”
38 U.S.C. 1318(c)

VA’s page states the periods this way, including the date it gives for a former prisoner of war:

“If the Veteran’s eligibility was due to a rating of totally disabling, they must have had this rating:
For at least 10 years before their death, or

Since their release from active duty and for at least 5 years immediately before their death, or

For at least 1 year before their death if they were a former prisoner of war who died after September 30, 1999

Note: “Totally disabling” means the Veteran’s injuries made it impossible for them to work.
”
VA, About VA D.I.C., evidence for a surviving spouse

Two notes on that last period. VA’s page still words the prisoner of war period with a date, but the statute no longer has it, and the regulation does not have it, so this page and the checker do not use the date:

“2010—Subsec. (b)(3). Pub. L. 111-275 struck out “who died after September 30, 1999,” after “prisoner of war”.”
38 U.S.C. 1318, editorial note (amendments)
“Pub. L. 111-275, title VI, § 603(b), Oct. 13, 2010, 124 Stat. 2885, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2011.””
38 U.S.C. 1318, note on the effective date of the 2010 amendment

The 8-year provision

“(2) The rate under paragraph (1) shall be increased by $246 in the case of the death of a veteran who at the time of death was in receipt of or was entitled to receive (or but for the receipt of retired pay or retirement pay was entitled to receive) compensation for a service-connected disability that was rated totally disabling for a continuous period of at least eight years immediately preceding death. In determining the period of a veteran’s disability for purposes of the preceding sentence, only periods in which the veteran was married to the surviving spouse shall be considered.”
38 U.S.C. 1311(a)(2)

The dollar figures printed in the statute’s text are not the current monthly rates; the current amounts are VA’s table below.

“The Veteran had a VA disability rating of totally disabling (including for individual unemployability) for at least the 8 full years leading up to their death, and
You were married to the Veteran for those same 8 years
”
VA, Current D.I.C. rates, added amounts for surviving spouses (effective December 1, 2025)

DIC amounts

VA’s DIC rates for a surviving spouse of a veteran who died on or after January 1, 1993 (VA’s rates page); the 2027 column is our estimate until VA publishes its 2027 table, and the DIC rates page explains how it is built.

DIC for a surviving spouse per month: 2026 official and 2027 estimate
Per month2026 (official, effective December 1, 2025)2027 (estimate, effective December 1, 2026)
Basic monthly rate (veteran died on or after January 1, 1993)$1,699.36$1,760.54
8-year provision (added)$360.85$373.84
Aid and attendance (added)$421.00$436.16
Housebound allowance (added)$197.22$204.32
Each child under 18 (added)$421.00$436.16
Transitional benefit with a child under 18 (first 2 years)$359.00$371.00

The estimate is a projection of the 2026 table by the 3.6% cost-of-living adjustment, not a VA figure. Until VA publishes its table, which it usually does in December, VA’s 2026 table is the amount to rely on.

Transitional benefit for children

“(2) Dependency and indemnity compensation shall be increased under this subsection only for months occurring during the two-year period beginning on the date on which entitlement to dependency and indemnity compensation commenced.
(3) The increase in dependency and indemnity compensation of a surviving spouse under this subsection shall cease beginning with the first month commencing after the month in which all children of the surviving spouse have attained the age of 18.
”
38 U.S.C. 1311(f)(2), (3)
“You have 1 or more children who are under 18 Transitional benefit, and
D.I.C. apportionment rate

359.00 for the first 2 years after the Veteran’s death

421.00 for each eligible child
”
VA, Current D.I.C. rates, added amounts for surviving spouses (effective December 1, 2025)

Read VA’s table this way: the transitional benefit is $359.00 a month for the first 2 years after the veteran’s death, and the apportionment rate is $421.00 for each eligible child.

CHAMPVA after death

The same sources apply to the surviving spouse: a death from a service-connected disability, or a veteran who was permanently and totally disabled at death. DIC criteria do not decide it. See the CHAMPVA quotes above.

Chapter 35 after death

“You can get both DEA and Dependency and Indemnity Compensation (D.I.C.) payments.”
VA, Survivors’ and Dependents’ Educational Assistance, If you’re the spouse
“If the event that qualified you for DEA happened before August 1, 2023, there’s a time limit to use your benefits:
In most cases, your benefits end after 10 years

If we rated the Veteran as permanently and totally disabled, and the Veteran later dies, you’ll get another 10 years of eligibility

If the service member died on active duty, your benefits end after 20 years

If we rated the Veteran as permanently and totally disabled, with an effective date that’s within 3 years after discharge from active duty, in most cases your benefits end 20 years from that effective date
”
VA, Survivors’ and Dependents’ Educational Assistance, time limit for an eligible spouse
“If the event that qualified you for DEA happened on or after August 1, 2023, there’s no time limit to use your benefits.”
VA, Survivors’ and Dependents’ Educational Assistance, time limit for an eligible spouse

VA home loan certificate of eligibility and the funding fee

“You may be able to get a COE if you’re a surviving spouse and 1 of these is true for you:
You’re eligible for or currently receiving certain types of VA Dependency and Indemnity Compensation (D.I.C.), or

You’re the spouse of an active-duty service member who’s missing in action (MIA) or being held as a prisoner of war (POW)
”
VA, VA home loan eligibility, surviving spouse certificate of eligibility

The funding fee waiver quoted above covers the surviving spouse of a veteran who died from a service-connected disability, and VA lists a spouse who is receiving DIC. In a deemed DIC case the statute’s wording is narrower than VA’s, so ask the lender.

Burial allowance

“In any case in which a veteran dies as the result of a service-connected disability or disabilities, the Secretary, upon the request of the survivors of such veteran, shall pay the burial and funeral expenses incurred in connection with the death of the veteran in an amount not exceeding the greater of (1) $2,000, or (2) the amount authorized to be paid under section 8134(a) of title 5 in the case of a Federal employee whose death occurs as the result of an injury sustained in the performance of duty. Funeral and burial benefits provided under this section shall be in lieu of any benefits authorized under subsections (a)(1) and (b)(2) of section 2303 of this title.”
38 U.S.C. 2307
“The Veteran must not have received a dishonorable discharge, and 1 of these circumstances must be true:
The Veteran died as a result of a service-connected disability (a disability related to service), or

The Veteran died while getting VA care, either at a VA facility or at a facility contracted by VA, or

The Veteran died while traveling with proper authorization, and at VA’s expense, either to or from a facility for an examination, or to receive treatment or care, or

The Veteran died with an original or reopened claim for VA compensation or pension pending at the time of death, and they would’ve been entitled to benefits before the time of death, or

The Veteran died while receiving a VA pension or compensation, or

The Veteran died while eligible for compensation or a VA pension at their time of death, but instead received full military retirement or disability pay

Note: We’ll also pay you back for the cost of transporting a Veteran’s remains for burial in a national cemetery.
”
VA, Veterans burial allowance, who is eligible

VA’s filing deadline depends on the cause of death:

“If the Veteran’s death was service connected
There’s no time limit if the Veteran’s death was service connected and you’re claiming the burial or transportation allowance.
”
VA, Veterans burial allowance, time limit for filing
“If the Veteran’s death wasn’t service connected
You must file a claim within 2 years after the Veteran’s burial, unless 1 of these is true:

Exception 1: There’s no time limit for filing if the Veteran’s death wasn’t service connected and they died while under VA care either at a VA health facility or a facility contracted by VA.

Exception 2: There’s no time limit for filing if the Veteran’s death wasn’t service connected and you’re claiming the allowance for plot or interment, or for transportation.
”
VA, Veterans burial allowance, time limit for filing

For a death that was not service connected, VA lists these amounts by date of death (the page was updated October 30, 2026). VA changes them each October 1: $1,032 for burial and $1,032 for a plot for a death on or after October 1, 2026.

“If the Veteran died on or after October 1, 2026 We’ll pay a $1,032 burial allowance and $1,032 for a plot
If the Veteran died on or after October 1, 2025 We’ll pay a $1,002 burial allowance and $1,002 for a plot
”
VA, Veterans burial allowance, burial allowance amounts (page last updated October 30, 2026)
“No, you don’t need to file a claim as a surviving spouse, as long as you’re listed as the Veteran’s spouse on the Veteran’s profile. When we receive notice of the Veteran’s death, we automatically pay a set amount to those eligible surviving spouses to help pay for the plot, the cost of interment, or transportation of the remains to the cemetery.”
VA, Veterans burial allowance, surviving spouse

Other survivor benefits

The month of the veteran’s death

This benefit is paid whether or not DIC is payable. It is in 38 U.S.C. 5310 (text):

“(a) In General .— (1) A surviving spouse of a veteran is entitled to a benefit for the month of the veteran’s death if—
(A) at the time of the veteran’s death, the veteran was receiving compensation or pension under chapter 11 or 15 of this title; or

(B) the veteran is determined for purposes of section 5121 or 5121A of this title as having been entitled to receive compensation or pension under chapter 11 or 15 of this title for the month of the veteran’s death.
”
38 U.S.C. 5310(a)(1)

If DIC is not payable

VA’s Survivors Pension (Survivors Pension) is needs-based; the statute is 38 U.S.C. 1541 (text); the amounts are on the VA pension rates page.

“A VA Survivors Pension offers monthly payments to qualified surviving spouses and unmarried dependent children of wartime Veterans who meet certain income and net worth limits set by Congress. Find out if you qualify and how to apply.”
VA, Survivors Pension
“(a) The Secretary shall pay to the surviving spouse of each veteran of a period of war who met the service requirements prescribed in section 1521(j) of this title, or who at the time of death was receiving (or entitled to receive) compensation or retirement pay for a service-connected disability, pension at the rate prescribed by this section, as increased from time to time under section 5312 of this title.”
38 U.S.C. 1541(a)

Remarriage of a surviving spouse

The statute is 38 U.S.C. 103(d) (text) and the regulation is 38 CFR 3.55 (eCFR). Read each benefit’s own rule rather than one age for all of them:

“(2) (A) The remarriage of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran if the remarriage has been terminated by death or divorce unless the Secretary determines that the divorce was secured through fraud or collusion.
(B) The remarriage after age 57 of the surviving spouse of a veteran shall not bar the furnishing of benefits specified in paragraph (5) to such person as the surviving spouse of the veteran. Notwithstanding the previous sentence, the remarriage after age 55 of the surviving spouse of a veteran shall not bar the furnishing of benefits under chapter 13 or section 1781 of this title to such person as the surviving spouse of the veteran.
”
38 U.S.C. 103(d)(2)
“(3) If the surviving spouse of a veteran ceases living with another person and holding himself or herself out openly to the public as that person’s spouse, the bar to granting that person benefits as the surviving spouse of the veteran shall not apply in the case of the benefits specified in paragraph (5).”
38 U.S.C. 103(d)(3)
“(5) Paragraphs (2)(A) and (3) apply with respect to benefits under the following provisions of this title:
(A) Section 1311, relating to dependency and indemnity compensation.

(B) Section 1781, relating to medical care for survivors and dependents of certain veterans.

(C) Chapter 35, relating to educational assistance.

(D) Chapter 37, relating to housing loans.

(E) Section 1562(a)(2), relating to Medal of Honor special pension.
”
38 U.S.C. 103(d)(5)
“(9) (i) On or after February 4, 2003, the remarriage of a surviving spouse after age 55 shall not bar the furnishing of benefits relating to medical care for survivors and dependents under 38 U.S.C. 1781, subject to the limitation in paragraph (a)(9)(ii) of this section.”
38 CFR 3.55(a)(9)
“(iii) The remarriage of a surviving spouse after the age of 55 (at any time) shall not bar the furnishing of benefits under 38 U.S.C. chapter 13 to such person as the surviving spouse of the veteran.”
38 CFR 3.55(a)(9)(iii)
“(10)(i) On or after January 1, 2004, the remarriage of a surviving spouse after the age of 57 shall not bar the furnishing of benefits relating to medical care for survivors and dependents under 38 U.S.C. 1781, educational assistance under 38 U.S.C. chapter 35, or housing loans under 38 U.S.C. chapter 37, subject to the limitation in paragraph (a)(10)(ii) of this section.”
38 CFR 3.55(a)(10)

What VA says on its own pages:

“If you remarried, you can receive or continue to receive compensation if 1 of these describes you:
You remarried on or after December 16, 2003, and you were 57 years of age or older at the time you remarried, or

You remarried on or after January 5, 2021, and you were 55 years of age or older at the time you remarried
”
VA, About VA D.I.C., eligibility for a surviving spouse who remarried
“If you remarry on or after your 55th birthday, you can keep your CHAMPVA benefits after you remarry.
If you remarry before age 55, your CHAMPVA benefits will end on the date of your remarriage.

If you remarry before age 55, but your remarriage ends, you may qualify for CHAMPVA again. The first date that you qualify again is the first day of the month after your remarriage ends.
”
VA, CHAMPVA benefits, Surviving spouses who remarry
“If the Veteran dies and you remarry, you’ll no longer be eligible for the DEA benefits that you qualified for through that eligible Veteran. There are 2 exceptions listed here. If you remarry after the Veteran dies, we’ll restore your remaining DEA benefits if either of these describes your situation:
Your new marriage was on or after January 1, 2004, and you were at least 57 years old, or

Your new marriage ends due to death or divorce
”
VA, Survivors’ and Dependents’ Educational Assistance, If you’re the spouse

Frequently asked questions

Does a spouse get the veteran’s 100% compensation after the veteran dies?

Not as a continuing payment. A surviving spouse is entitled to a benefit for the month of the veteran’s death, in the amount the veteran would have received for that month, if the veteran was receiving compensation or pension at death (38 U.S.C. 5310). After that, what VA pays a surviving spouse is Dependency and Indemnity Compensation (DIC), a separate benefit with its own eligibility rules and its own rate table, not a continuation of the veteran’s rate. In VA’s tables effective December 1, 2025, a veteran rated 100% with a spouse is paid $4,158.17 a month, while the basic DIC rate for a surviving spouse is $1,699.36 a month. The spouse must qualify for DIC under 38 U.S.C. 1310 (a service-connected death) or 38 U.S.C. 1318 (a veteran who was rated totally disabling for the required period). If DIC is not payable, the needs-based VA Survivors Pension (38 U.S.C. 1541) is the next thing to check.

What if the veteran’s death was not service connected?

DIC can still be paid under 38 U.S.C. 1318 and 38 CFR 3.22 if the veteran was rated totally disabling for a continuous period of at least 10 years immediately preceding death, or continuously since release from active duty and for at least 5 years immediately preceding death, or for at least 1 year if the veteran was a former prisoner of war. VA’s page still adds who died after September 30, 1999, but Pub. L. 111-275 struck that phrase from the statute effective October 1, 2011, and 38 CFR 3.22(a)(2)(iii) has no date, so the date is not used here. The surviving spouse must also have been married to the veteran for at least 1 year before death, or have a child born of the marriage. CHAMPVA and Chapter 35 depend instead on the veteran being permanently and totally disabled at the time of death. A burial allowance may be available if the veteran died while receiving VA compensation and did not have a dishonorable discharge, but a claim for a death that was not service connected generally has to be filed within 2 years after the burial.

What is the 8-year provision, and who gets it?

It adds $360.85 a month to the basic DIC rate in VA’s table effective December 1, 2025. The statute requires the veteran to have been rated totally disabling for a continuous period of at least eight years immediately preceding death, and it says that only periods in which the veteran was married to the surviving spouse shall be considered. VA’s page puts it as eight full years of a total rating during which you were married to the veteran.

Does the spouse of a living 100% disabled veteran get CHAMPVA?

Only if the veteran is rated permanently and totally disabled from a service-connected disability, and the spouse is not eligible for TRICARE. VA also says that a spouse who is eligible for Medicare must have Medicare Part A and Part B to get or keep CHAMPVA. VA describes a permanent and total disability as one rated 100% disabling and not expected to improve, so a 100% rating by itself is not enough. A spouse who qualifies may also qualify for Chapter 35 education benefits on the same permanent and total rating.

What happens to the spouse’s benefits if the spouse remarries?

It depends on the benefit and the age at remarriage. The statute lets a surviving spouse who remarries after age 55 keep DIC and CHAMPVA, and one who remarries after age 57 keep Chapter 35 and home loan benefits. VA’s DIC page gives a remarriage on or after January 5, 2021 for age 55 and on or after December 16, 2003 for age 57. A remarriage before age 55 ends CHAMPVA on the date of the remarriage. A remarriage that ends in death or divorce can restore benefits (38 U.S.C. 103(d)(2)(A)).

Can a surviving spouse get Chapter 35 and DIC together?

Yes. VA says a spouse can get both DEA and DIC payments. This is different for a child: a child receiving DIC has to give up those payments to start using DEA. VA’s Chapter 35 rate for institutional full-time training is $1,621.00 a month for 2026-27, effective October 1, 2026.

How much is the burial allowance for a surviving spouse to claim?

For a death from a service-connected disability, 38 U.S.C. 2307 allows burial and funeral expenses up to the greater of $2,000 or the amount under 5 U.S.C. 8134(a). For a death that was not service connected, VA’s table lists a $1,032 burial allowance and $1,032 for a plot for a death on or after October 1, 2026. VA changes the amounts each October 1, so use the figure for the date of death. VA also lists the veteran’s discharge (it must not have been dishonorable) and a deadline: for a death that was not service connected, a claim generally must be filed within 2 years after the burial, with exceptions such as a death under VA care or a claim for a plot, interment or transportation allowance.