Checking for my Mom, a Spouse of a Veteran

Discussion in 'Surviving Spouse Application' started by pixelpete56, Feb 4, 2016.

  1. pixelpete56

    pixelpete56 Newbie

    My father (a Vet) passed away 44 years ago. Two years later, my mom remarried a non vet and 10 years later, he passed away. Now, at 101 she is in need of funds for housing assistance.

    When my father died, my brother and I began to receive death benefits. I understand my mom would also have to have received benefits to be currently eligible for housing assistance.
    • Is this thinking correct?
    • Would it be typical for her to receive benefits after my fathers death? She continued to run my fathers business after his death.
    • I believe that the benefits came from a physiological disability? Would that have made any difference?
    • Short of finding paperwork, how do I determine if she would have received benefits?

    Thanks so much for any help in this matter
     
  2. Kaylin

    Kaylin Hero Member Staff Member

    pixelpete56,

    Unless your mother was actually still legally married to your father after all this time, unfortunately she would not be eligible for the Aid and Attendance pension benefit. She would have to be legally married to a veteran who served during an approved period of war.

    She may be eligible for other benefits if your father died due to a service connected injury, but that would be a "compensation" benefit, not the Aid and Attendance "pension" benefit.

    If you can find proof anywhere that your father died due to service connected injuries, then she might be eligible for the compensation benefit.

    I hope that helps.
     
  3. EllenM

    EllenM Newbie

    My question is similar to this and I think I know the answer, but I am desperate to find money for my mother's in home care. She was married to a veteran, then divorced him and he subsequently died. Does the divorce void any spousal benefit?

    Thanks so much for all the help and info here.
     
  4. Kaylin

    Kaylin Hero Member Staff Member

    Ellen,

    The answer is...it depends. When the question arises, "My parents divorced. Would my mother still be eligible for this pension based on my other father’s service?", the answer is generally no.

    But if a widow was married to a veteran and he passed away, then the widow remarried and this second spouse passed away, the widow would be eligible for the Aid and Attendance benefit IF the second divorce happened prior to November 1, 1990.

    Also if the divorce was due to physical abuse or extreme mental cruelty, the VA has been known to consider these circumstances and consider the application. There would have to be documentation and unquestionable evidence supporting the claim of abuse in order for this to be applicable.
     
  5. EllenM

    EllenM Newbie

    Thank you very much for your quick reply.
     
    Kaylin likes this.

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