Tennessee  |  Veterans Law

Re: Back disability pay for veteran's survivors

This would not be a matter of the spouse pursuing the veteran's claim unless the claim was still pending at his death, which does not seem to be the case here. The spouse (if she survives) or minor dependents can file for a separate benefit (DIC or survivors' benefits). If your mother is deceased and if all the dependents are ineligible by law (there are some specific criteria on that) then it is likely that there is no longer a claim. This is just one attorney's opinion without seeing all the facts. Others may see it differently.

Re: Back disability pay for veteran's survivors

A veteran's claim can be pursued by the surviving spouse. In this case, it would be your mother. In some cases it can be pursued by the issue (children). I cannot comment further because I don't know the facts of the case.