Vets’ spouses can
apply for benefits

Question: I am the surviving spouse of a deceased veteran and have remarried. I heard that I could get my dependency and indemnity compensation benefits reinstated. Can you explain?

Answer: Last year, the president signed the "Veterans Benefits Act of 2003," which restores entitlement to dependency and indemnity compensation and related home loan and education benefits for surviving spouses who remarry on or after their 57th birthdays.

Generally, VA pays that type of compensation to the surviving spouses of military service members who die in active duty, and to surviving spouses of veterans whose death resulted from service-related causes. The basic monthly rate is $967 and is increased if the surviving spouse has dependents, is housebound, or meets criteria for those who need a home aide. There are additional payments to dependent children. Parents who were dependent upon the service member's income also may qualify for dependency and indemnity compensation. Under previous law, surviving spouses who remarried were not eligible for the compensation unless their marriages ended. At that time, they could apply for reinstatement of benefits. Under the new law, surviving spouses who remarried after age 57 and before Dec. 16, 2003, have one year from the date the new law was enacted to apply for restoration of benefits. If VA receives the application later than Dec. 15, 2004, restoration of dependency and indemnity compensation must be denied.

The one-year application period does not apply to other surviving spouses whose remarriage on or after attaining age 57 followed enactment of the law. For more information on restoration of dependency and indemnity compensation, call the VA at 433-1000. More information on VA benefits and services is available at www.va.gov/hawaii.

Q: What if I'm catastrophically disabled?

A: If you have a permanent, severely disabling injury or condition that compromises your ability to carry out the activities of daily living and require you to use personal or mechanical assistance to leave home or bed or require constant supervision to avoid physical harm, you may be catastrophically disabled. To request an evaluation, contact the VA enrollment section at 433-0600. If it is determined that you are catastrophically disabled, you will be assigned to Priority 4; however, if you previously made co-payments you will still be responsible for those co-payments after moving to Priority 4.