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VA – Surviving Spouse Eligibility

Question:

What is required for the surviving spouse to be eligible to use VA financing on her own?

Answer:

Below is some general information regarding eligibility for a surviving spouse. VA does not go into exhaustive detail in the handbook. The best way to determine eligibility is to request the Certificate of Eligibility for the surviving spouse through WebLGY. This link also provides information: https://www.va.gov/family-and-caregiver-benefits/housing-assistance/surviving-spouse-home-loan/

Reference:

VA Lenders Handbook Chapter 2, 3-a

Application for an Unmarried Surviving Spouses.

A surviving spouse of a Veteran who dies on active duty or from service-connected causes may still be eligible for a COE. If the surviving spouse is remarried on or after age 57, and on or after December 16, 2003, they still may be eligible. Eligibility may also be granted to the spouse of an active duty member who is listed as MIA or POW for at least 90 days. Eligibility under this MIA/POW provision is limited to one-time use only. Surviving spouses of Veterans who died from non service-connected causes may also be eligible if any of the following conditions are met:

(1) the Veteran was rated totally disabled for 10 years or more immediately preceding death; or

(2) was rated totally disabled for not less than 5 years from date of discharge or release from active duty to date of death, or

(3) the Veteran was a former POW who died after September 30, 1999, and was rated totally disabled for not less than 1 year immediately preceding death.

The above eligibility requirements are determined by VA Compensation Department. Once completed, they will determine if the surviving spouse is eligible for qualifying Dependency Indemnity Compensation (DIC).

If applying for the first time, surviving spouses must complete VA Form 26-1817, Request for Determination of Loan Guaranty Eligibility-Unmarried Surviving Spouses, instead of VA Form 26- 1880.

Both the VA Form 26-1817 and WebLGY should be completed by using the name of the surviving spouse, date of birth, social security number, and then upload the VA Form 26-1817 in WebLGY.

Supporting Resources:

Subscribers have access to our “Understanding VA Eligibility & Entitlement” Learning Resource which is found under the “Learning Resources” tab.