Every year on April 5th, our nation celebrates Gold Star Spouses Day as a solemn tribute to husbands and wives who lost their partners while serving in the military. At Tabak Law, we understand the importance of knowing your legal rights and entitlements after such an unthinkable loss.
What Does “Gold Star Spouse” Mean?
The term “Gold Star” has its origins in World War I, when families displayed blue stars for each member of the family serving in the armed forces and replaced them with gold stars if a loved one died in service. Today, a “Gold Star spouse” refers to the surviving spouse of a servicemember who has made the ultimate sacrifice. These individuals receive a range of federal benefits, including financial stability, healthcare, and educational assistance, to ensure their well-being.
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Dependency and Indemnity Compensation (DIC)
One of the most significant benefits available to surviving spouses is the Dependency and Indemnity Compensation (DIC), which is a tax-free monthly payment administered by the U.S. Department of Veterans Affairs (VA). The current base DIC rate for 2026 is $1,699.36 per month. If the veteran was totally disabled for at least eight continuous years prior to death, an additional $360.85 is available each month.
Eligibility for disability benefits typically requires that a service member died while on active duty or as a result of a service-related illness or injury. It is important to note that, under the PACT Act, surviving spouses of veterans who served during the Vietnam era whose deaths were caused by heart disease, stroke, kidney failure, or aortic dissection may now be eligible for compensation that was previously denied. The VA must now review these claims as if the PACT was in effect when the veteran died.
VA Home Loan Benefits
Many surviving spouses are able to use VA-guaranteed home loans to help them achieve homeownership and financial stability. If their loved one died while serving in active duty, in the Reserve or National Guard, or due to a service-related cause, eligible spouses may be able to obtain a Certificate of Eligibility (COE). Surviving spouses who remarry after age 57 may also be eligible for this benefit.
These loans typically offer competitive interest rates and do not require private mortgage insurance. In many cases, they also do not need a down payment.
Education and Training Benefits
The Marine Gunnery Sergeant John David Fry Scholarship provides up to 36 months of educational benefits for the children and surviving spouses of service members who lost their lives in the line of duty after September 10, 2001. These benefits include tuition and fees, a monthly housing allowance, and a book and supplies stipend.
In addition, the Survivors’ and Dependents’ Educational Assistance Program under 38 U.S.C. Chapter 35 can help eligible spouses cover the cost of degree programs, certificate courses, apprenticeships, and on-the-job training.
TRICARE Health Coverage
Gold Star spouses currently have access to TRICARE Prime benefits for three years after their spouse’s passing as active-duty family members. After this period, they are classified as retired family members and face higher enrollment fees and out-of-pocket expenses. A proposed bill, H.R. 3594, known as the Gold Star Spouses Health Care Enhancement Act would eliminate this three-year limit and allow spouses to maintain active duty status indefinitely.
Survivors Pension and Additional Payments
The Survivors’ Pension is a tax-exempt benefit available to low-income unmarried surviving spouses of war veterans whose deaths were not related to their service. This program is need-based, so income and asset thresholds are applied.
Two additional one-time payments may also be available. Accrued Benefits provide a lump-sum payment for any compensation or pension owed to a veteran prior to their death, while the Month of Death benefit provides benefits for the last month to the surviving spouse.
How Tabak Law Can Help
Navigating VA benefits can be a challenging process. Claim denials, complicated eligibility rules, and long appeals can stand in the way of surviving spouses receiving the support they deserve. With over $325 million in recoveries and more than 25,000 clients served, Tabak Law has the expertise and compassion to help Gold Star families every step of the way – from initial claims to appeals with the Board of Veteran’s Appeals.
If you are a surviving spouse who has been denied benefits or is unsure about what to do next, please contact Tabak Law for a free consultation. We understand that you have gone through a difficult time, and we would like to help. Our team of experienced lawyers can provide you with the guidance and support you need.
