Kara Sears
Veterans' Affairs (VA) benefits are available to veterans and their dependents. Dependents are defined as family members who rely on an active-duty service member or veteran financially and meet certain criteria. This includes spouses, dependent children, and parents. However, it is unclear whether a veteran can add their mother-in-law as a dependent to their disability benefits. While the VA allows veterans to add their parents as dependents, it is not clear if this extends to parents-in-law.
| Characteristics | Values |
|---|---|
| Who can be added as a dependent? | Spouse, child, or parent |
| Who cannot be added as a dependent? | In-laws |
| Who is eligible for VA benefits? | Spouse, dependent child, surviving spouse, surviving child, caregiver |
| Who is eligible for Family Servicemembers' Group Life Insurance (FSGLI) coverage? | Spouse, dependent child, surviving spouse, surviving child, surviving parent |
| Who is eligible for burial in a VA national cemetery? | Spouse, dependent child, surviving spouse, surviving child, surviving parent |
| Who is eligible for health care or related benefits through CHAMPVA? | Spouse, dependent child, surviving spouse, surviving child |
| Who is eligible for money for school or job training expenses? | Spouse, dependent child, surviving spouse, surviving child |
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What You'll Learn
In-laws as dependents
Veterans can receive additional disability compensation for their dependents. Dependents are defined as family members who rely on the veteran financially and meet certain criteria. Dependents can include a spouse, child, or parent.
Spouses of veterans can qualify for VA benefits, including health care, life insurance, and money for school. They may also be eligible for the Survivors' and Dependents' Education Assistance Program (Chapter 35) or the Fry Scholarship. If the veteran dies, the spouse may become eligible for Dependency Indemnity Compensation (DIC) and can be buried in a VA national cemetery. The spouse's eligibility for health care benefits ends upon divorce or remarriage, but it can be reinstated if the remarriage ends.
For children, they must be unmarried and either under 18 or between 18 and 23 if they are attending school. Adopted children are also recognized as dependents, provided that proper documentation is submitted. Certain adult children who become seriously disabled before the age of 18 may be entitled to DIC.
To add a parent as a dependent, the veteran must be directly caring for them, and their income and net worth must be below a certain amount. It is unclear whether a parent-in-law can be added as a dependent, as this depends on specific circumstances.
Veterans can apply to add or remove dependents online or by mail. They can also check their current dependents and manage their benefits through their VA.gov profile.
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Spouse eligibility
To be eligible for dependency, a spouse must meet specific criteria set by the Department of Veterans Affairs (VA). The VA defines a spouse as a person married to the veteran, and this marriage must be validated by a marriage certificate. Common-law marriages or relationships not legally recognized as marriages do not qualify for spousal benefits.
Spousal dependency also requires specific qualifications regarding income and net worth. The VA evaluates the veteran's income and net worth to determine eligibility for benefits such as Aid and Attendance or Housebound allowances. If a veteran's income exceeds the limits set by the VA, the spouse may not be eligible for dependency.
Additionally, the spouse must be in continuous cohabitation with the veteran. This means they must live together unless separated due to unavoidable circumstances such as medical treatment or employment. The spouse must also be considered a dependent, which means they rely on the veteran for financial support. This is assessed through a Means Test, which evaluates the spouse's income, assets, and expenses.
In terms of medical benefits, a spouse can be eligible for the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA). CHAMPVA provides comprehensive health care coverage to eligible dependents of veterans. To qualify, the spouse must be enrolled in CHAMPVA and meet specific criteria, including not being eligible for TRICARE or Medicare.
It is important to note that eligibility for spousal dependency can be impacted by life events such as divorce, remarriage, or the death of the veteran. In the case of divorce or remarriage, the spouse may no longer be eligible for benefits as a dependent spouse. Additionally, the death of the veteran may result in eligibility for different benefits for the surviving spouse, such as Dependency and Indemnity Compensation (DIC) or a survivor pension, designed to provide financial support to the spouse.
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Child dependency
A dependent is defined as a family member who relies on an active-duty service member or veteran financially and meets certain criteria. If you are a dependent child of a veteran or service member, you may qualify for certain benefits, including health care, life insurance, or money for school.
Healthcare Benefits
Children of veterans can qualify for CHAMPVA, the Civilian Health and Medical Program of the Department of Veterans' Affairs. This is a comprehensive program that delivers healthcare benefits and cost-sharing with the VA. Qualified beneficiaries can also get assistance with necessary healthcare supplies.
The Children of Women Vietnam Veterans (CWVV) Health Care Benefits Program covers necessary treatment for a VA-covered birth defect and other associated conditions.
Education Benefits
The Survivors' and Dependents' Educational Assistance Program (DEA), also called Chapter 35, provides education and training benefits to the dependents of disabled veterans. It can help pay for tuition fees, school books, supplies, and housing.
The Marine Gunnery Sergeant John David Fry Scholarship is also available to children of service members who died on duty after September 10, 2001.
In California, children of veterans can apply for the CalVet Fee Waiver, which enables students to get an education at the California State University without paying tuition fees.
Pension Benefits
Monthly pension benefits are available for the dependent children of wartime veterans and survivors.
Other Benefits
Dependent children may also help satisfy the occupancy requirement for the Chapter 6 Home Loan Guaranty, a federal home loan guaranty for veterans and their spouses.
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Veteran disability rating
The Veteran Affairs (VA) department provides tax-free monthly payments to veterans with qualifying disabilities. The VA assigns disability ratings based on the severity of a veteran's service-connected condition. This rating determines the amount of monthly disability compensation a veteran will receive and their eligibility for other VA benefits.
The VA disability rating is calculated based on the severity of a veteran's service-connected condition. If a veteran has multiple disabilities, the VA uses a combined ratings table to determine the overall disability rating. This combined rating may differ from the sum of the individual ratings. For example, if a veteran has two disabilities rated at 50% and 30%, the combined disability rating would be 65%, rounded up to 70%.
The VA provides compensation benefits rate tables to help veterans determine their monthly payment amount. This amount is based on their disability rating and the number of dependent family members. For instance, a veteran with a 30% disability rating and a dependent spouse would receive a basic monthly rate of $601.42. If the same veteran had three dependent children under 18, their basic monthly rate would increase to $2,018.19.
Veterans with a disability rating of 10% to 20% will not receive a higher rate for having dependent family members. However, those with a rating of 30% or higher may be eligible for additional compensation for a qualified spouse, child, or parent. This includes unmarried, adopted, or dependent children under 18 or between 18 and 23 if they are attending school.
In the case of a veteran's death, their surviving spouse and other dependents become eligible for Dependency Indemnity Compensation (DIC) benefits, which include education and medical benefits.
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Benefits for survivors
Survivors of veterans may be eligible for a range of benefits, including:
- Dependency and Indemnity Compensation (DIC): A monthly benefit paid to the surviving spouse, children, or parents of any veteran who passed away on or after January 1, 1957. DIC may be available if the veteran died while on active duty, during active or inactive training, or from a service-connected disability. Survivors of peacetime veterans whose deaths were not service-related are not eligible for DIC but may be eligible for a Death Pension.
- Death Gratuity: A surviving spouse or child may be eligible for a death gratuity if the veteran died on active duty, during active or inactive training, or within 120 days of release from active duty due to a disability related to their military service. If there is no surviving spouse or child, the veteran's parents or siblings may be eligible.
- Survivors' Pension: Monthly payments to qualified survivors of wartime veterans with honorable service. The amount is regulated by income and is generally paid to a surviving spouse with limited income, who was married to the veteran for at least a year before their death. Survivors who qualify for DIC or a Death Pension may also be eligible for an additional monthly amount for Aid & Attendance or Housebound benefits if they require regular assistance or are permanently housebound due to a disability.
- Health Insurance: Survivors may be eligible for health insurance through the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA), which covers the cost of some health care services and supplies.
- Education Benefits: The Survivors' and Dependents' Education Assistance Program (Chapter 35) provides money for school or job training. This includes the Fry Scholarship and the Marine Gunnery Sergeant John David Fry Scholarship.
- Life Insurance: Survivors may be eligible for Family Servicemembers' Group Life Insurance (FSGLI) coverage or manage an existing policy. They can also receive free financial advice and will preparation services.
- Burial Benefits: Survivors may be eligible for help with burial costs, memorial items, and bereavement counseling. They can also apply for burial in a VA national cemetery.
- Home Loans: Surviving spouses may be eligible for a VA-backed loan to buy, build, improve, or refinance a home.
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Frequently asked questions
No, a veteran's in-laws cannot become a dependent. Only a spouse, child, or parent can be added as a dependent.
Spouses of veterans may qualify for certain benefits, including health care, life insurance, or money for school.
Children of veterans may qualify for certain benefits, including health care, education, and income benefits.
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