Every year, on Memorial Day, we take a moment to honor and remember those who made the ultimate sacrifice while serving our country. We lay wreaths, attend parades, and visit gravesites. But what about the Families left behind by these brave men and women? While we may not always think about it, these families also make sacrifices and face unique challenges that come with the loss of a loved one who served in the military.

Understanding the rights of fallen soldiers’ families is an important part of honoring their legacy. In this blog post, we will discuss some of the key rights and benefits available to these families and how they can access them.

Death Gratuity

When a member of the military dies while on Active Duty, their family is entitled to receive a one-time payment called the Death Gratuity. This payment is currently set at $100,000 and is tax-free. It is meant to assist with immediate expenses such as funeral costs and travel for family members to attend the funeral.

The Death Gratuity is paid out by the Department of Defense and is typically received within a few days after the service member’s death. Families need to know that this payment is not considered part of their loved one’s estate and will not be subject to any creditor claims.

Dependency and Indemnity Compensation (DIC)

For surviving spouses and children of service members who die on active duty or as a result of their service-connected disabilities, there is another benefit available called Dependency and Indemnity Compensation (DIC). This monthly tax-free payment is meant to provide financial support to family members who have lost their loved ones.

DIC payments are based on the rank of the service member at the time of their death and can range from around $1,300 to over $3,400 per month. Children may also be eligible for additional payments if they are under the age of 18 or attending school full-time.

Survivor Benefit Plan (SBP)

The Survivor Benefit Plan (SBP) is a retirement benefit that provides ongoing monthly income to surviving spouses of service members who retire from the military after at least 20 years of service. This benefit can also be elected by service members who are medically retired from the military due to a service-connected disability.

Under SBP, the surviving spouse receives a portion of their loved one’s retirement pay for the rest of their life. This payment is also subject to cost-of-living adjustments and can continue even if the surviving spouse remarries.

Tricare Benefits

Tricare is a health insurance program for active duty service members, retirees, and their families. When a service member dies while on active duty or as a result of their service-connected disabilities, their family may still be eligible for Tricare benefits.

Surviving spouses and children under the age of 21 (or 23 if in college) are eligible to continue receiving Tricare coverage at no cost for up to three years after their loved one’s death. After that, they may be eligible for a transitional survivor benefit plan.

Educational Benefits

For surviving spouses and children of service members who die while on active duty or as a result of their service-connected disabilities, there are also educational benefits available. These include the Survivors’ and Dependents’ Educational Assistance Program and the Marine Gunnery Sergeant John David Fry Scholarship.

These programs provide educational assistance for up to 45 months, covering tuition, fees, books, and housing. They also offer financial support for apprenticeships and on-the-job training programs.

Gold Star Family Benefits

The term “Gold Star Family” refers to the immediate family members of a service member who has died while serving in the military. These families are entitled to certain benefits and services, such as priority access to healthcare through the Department of Veterans Affairs (VA) and free admission to national parks.

Gold Star Families may also be eligible for special license plates, tax breaks, and other benefits at the state level. They can also receive support and resources through various organizations dedicated to honoring and supporting Gold Star Families.

Seeking Legal Help

Amid the overwhelming grief that follows the loss of a loved one who served our country, navigating the complex system of benefits and support can be a daunting task for families of fallen soldiers. 

However, there are resources available to help ease this burden. Legal assistance organizations like the Survivors’ and Dependents’ Educational Assistance Program and the Tragedy Assistance Program for Survivors (TAPS) offer guidance and support to help families understand and obtain the benefits available to them. 

One such benefit that may be available is advance parole for military families, allowing them to travel outside of the United States to be with a critically ill or dying loved one or for other urgent or important circumstances. Seeking out legal help can make all the difference in accessing these crucial benefits during such a difficult time.

Honoring Their Legacy

The sacrifices made by our fallen soldiers cannot be measured. But we need to honor their legacy by supporting and taking care of their families. This includes not only understanding their rights and benefits but also acknowledging the unique challenges they face and providing them with the support they need. Let us not forget that Memorial Day is not just a day off, but a day to remember and honor those who have given their lives for our country and the families they left behind.  

So this Memorial Day, let’s also take a moment to remember and honor the families of our fallen heroes.  Their sacrifices and bravery deserve our utmost respect and gratitude.  And let us continue to support them in any way we can, to ensure that their loved ones’ legacies live on. 

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