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Updated Oct 25, 2023

In This Chapter
 
This chapter contains the following topics:
 
Topic
Topic Name
1
2

1.  General Information on MOHP

Introduction

  
This topic contains information on MOHP, including

Change Date

  
December 16, 2021

XIII.i.6.1.a.  Definition:  MOHP

  
Medal of Honor Pension (MOHP) is a monthly entitlement paid to Veterans or service members who were awarded the Medal of Honor for distinguished military service.

XIII.i.6.1.b.  Amount of MOHP

  
The monthly rate of the MOHP is specified in 38 U.S.C. 1562.
 
Important:  This rate is the maximum rate payable, regardless of the number of Medals of Honor awarded to the individual.
 
Reference:  For information on payment rates for MOHP, see the rate table.

XIII.i.6.1.c.  Relationship Between MOHP and Other Benefits

  
MOHP entitlement is independent of entitlement to any other benefits.  That means, it does not
  • require service connection or even a disability, or
  • deprive the Veteran or service member of entitlement to any other pension, compensation, or other benefit, right, or privilege under any laws of the U.S.
Although called a “pension,” MOHP is not based on income and net worth.  It is also not subject to reduction under 38 CFR 3.551.
 
Reference:  For more information on MOHP, see

XIII.i.6.1.d.  Dates of Entitlement and Payment

  
The date of entitlement to MOHP is the date the Veteran or service member files a written application with the Secretary of the military branch in which they served per 38 CFR 3.802(b).
 
The date payments of MOHP commence is determined in accordance with the provisions of 38 CFR 3.31.
 
Important:  The Department of Veterans Affairs (VA) pays the running benefit when it gets certification, subject to 38 CFR 3.31, but the amount of compensation may also include a lump-sum payment that is not defined by the application date, but by the date of the action for which the medal was awarded.
 
Reference:  For more information on entitlement to a lump-sum payment, see M21-1, Part XIII, Subpart i, 6.1.g–k.

XIII.i.6.1.e.  When to Pay MOHP

  
If a branch of service certifies entitlement to MOHP
  • add the Medal of Honor entitlement amount to any current award, or
  • pay it as the sole benefit from the date certified.

XIII.i.6.1.f.  Processing an Award of MOHP

  
Follow the steps in the table below to process awards for MOHP.
 
Step
Action
1
  • On the ADD NEW AWARD screen, select Medal of Honor in the AWARD TYPE field.
  • After choosing the award type, select the ACCEPT button to create the award record.
2
On the MEDAL OF HONOR tab,
  • select Eligible in the DECISION field
  • enter the date of the event for which the Medal of Honor was awarded in the EVENT DATE field
  • enter the date the Medal of Honor was awarded in the MEDAL OF HONOR DATE field, and
  • enter the first day of the month after the date of the event for which the Veteran or service member earned the Medal of Honor in the AWARD EFFECTIVE DATE field.
3
Annotate the award document by
  • indicating that MOHP is awarded as the sole benefit, or
  • citing the authority for paying MOHP as an additional benefit.

XIII.i.6.1.g.  Retroactive Lump-Sum Payment Eligibility

  
Public Law (PL) 107-330 authorized a retroactive lump-sum payment of MOHP, back to the date of heroism, which led to the award.
 
Important:  The law’s language that no payment will be made under the lump-sum payment provision prior to October 1, 2003, does not mean that a retroactive payment cannot cover a period prior to that date.  It means only that VA could not process the award for the lump sum prior to that date.  The lump sum is payable to beneficiaries receiving the pension as of October 1, 2003, and to beneficiaries added to the MOHP rolls after that date.
 
Reference:  For more information on retroactive lump-sum payments, see 38 CFR 3.802(d).

XIII.i.6.1.h.  Amount of Lump-Sum Benefits Payable

  
The amount of retroactive lump-sum benefits payable is equal to the total amount of MOHP the Veteran or service member would have received during the period that
  • begins on the first day of the month after the date of the event for which the Veteran or service member earned the Medal of Honor (whether on/before or after October 1, 2003), and
  • ends on the last day of the month preceding the month in which MOHP was awarded.

XIII.i.6.1.i.  Calculating the Retroactive Lump-Sum Amount

  
Calculate the retroactive lump-sum amount by using the monthly MOHP rates in effect
  • from the first day of the month after the date of the event for which the Veteran or service member earned the Medal of Honor, and
  • to the last day of the month preceding the month in which the award of MOHP began.
Reference:  For information on payment rates for MOHP, see the rate table.

XIII.i.6.1.j.  Reviewing Cases for Entitlement to Lump-Sum Payment

  
Review the claims folder to determine whether a retroactive lump sum is payable whenever routinely encountering cases in which a Veteran or service member was receiving MOHP as of October 1, 2003.
 
Important:  If the Veteran or service member has already been paid from the first day of the month after the date of the event for which the Medal of Honor was awarded, a retroactive lump-sum payment is not warranted.

XIII.i.6.1.k.  Notification to a Veteran or Service Member of a Retroactive Lump-Sum Payment

  
If payment of a retroactive lump sum is in order, inform the Veteran or service member in the decision notice
  • of the reason for the retroactive payment, and
  • how it was calculated.

2.  MOHP for a Surviving Spouse

Introduction

  
This topic contains information on MOHP for a surviving spouse, including

Change Date

  
 January 30, 2023

XIII.i.6.2.a.  Definition:  MOHP for a Surviving Spouse

  
MOHP for a surviving spouse is a monthly entitlement paid to a surviving spouse of a Medal of Honor recipient.
 
Important:  A surviving spouse is subject to remarriage age restrictions per 38 U.S.C 103(d)(2)(B) and will not be barred from entitlement to MOHP if they remarry on or after age 57.  Furthermore, as defined under 38 U.S.C. 103(d)(5), a surviving spouse is eligible for reinstatement of MOHP benefits in any case in which the remarriage of the surviving spouse is terminated by
  • death
  • divorce, or
  • annulment.
References:  For more information on

XIII.i.6.2.b.  General Eligibility for MOHP for a Surviving Spouse

  
An entitled surviving spouse is one that was married to the Veteran or service member at the time of death for
  • one year or more immediately prior to the Veteran or service member’s death, or
  • any period of time if a child was born of the marriage, or a child was born to the Veteran/service member and surviving spouse before marriage.

XIII.i.6.2.c.  Amount of MOHP for a Surviving Spouse

  
The monthly rate of MOHP is specified in 38 U.S.C. 1562 and is the same rate for a Medal of Honor recipient or a surviving spouse.
 
Important:  A surviving spouse shall not receive more than one MOHP, regardless of whether they were married to more than one person who was awarded a Medal of Honor.
 
Reference:  For more information on payment rates for MOHP for a surviving spouse, see the rate table.

XIII.i.6.2.d.  Relationship Between MOHP for a Surviving Spouse and Other Benefits

  
MOHP for a surviving spouse may be independent of entitlement to any other benefits.  That means it does not
  • require service connection for the Medal of Honor recipient’s cause of death, or
  • deprive the surviving spouse of entitlement to any other pension, compensation, or other benefit, right, or privilege under any laws of the U.S.
Exception:  MOHP for a surviving spouse will not be paid if the surviving spouse is receiving benefits under
Although called a “pension,” MOHP for a surviving spouse is not based on income and net worth.  It is also not subject to reduction under 38 CFR 3.551.
 
Reference:  For more information on MOHP, see

XIII.i.6.2.e.  Dates of Entitlement to MOHP for a Surviving Spouse When the Medal of Honor Recipient Died on or After January 5, 2021

  
The date of entitlement to MOHP for a surviving spouse will be
  • the first of the month of the Medal of Honor recipient’s death if notice of eligibility is received within one year of the date of death, or
  • the date such notice was received by VA, if not received within one year of the date of death.
Note:  When the entry of a Veteran or service member’s name on a military branch’s Medal of Honor Roll occurs posthumously, benefits may also include a lump-sum payment defined by the date of the action for which the medal was awarded.
 
Reference:  For more information on entitlement to a lump-sum payment, see M21-1, Part XIII, Subpart i, 6.2.h–l.

XIII.i.6.2.f.  Entitlement to MOHP for a Surviving Spouse When the Medal of Honor Recipient Died Prior to January 5, 2021

  
Under 38 CFR 3.802(c)(4) entitlement for MOHP for a surviving spouse can be no earlier than the date of enactment of PL 116-315, January 5, 2021.  This impacts the entitlement to MOHP for a surviving spouse when the Veteran died prior to January 5, 2021.
 
For cases when the Medal of Honor recipient died prior to January 5, 2021, the date of entitlement will depend on the date notice of eligibility is received, either via
  • certification provided by the service department, or
  • other notice received as evidence by VA that identifies an individual as being an eligible surviving spouse.
Follow the instructions in the table below to determine date of MOHP entitlement for surviving spouses under 38 CFR 3.802(c)(4).
 
If notice of eligibility is received by VA …
Then entitlement for MOHP for a surviving spouse will be effective …
on or before January 5, 2022
January 5, 2021.
after January 5, 2022
the date notice was received by VA.
 
Note:  Review of the claims folder is required to identify any development deadlines communicated to a potential MOHP recipient.
 
Reference:  For information on general effective dates for survivor benefits when the above does not apply, see 38 CFR 3.400(c).

XIII.i.6.2.g.  When to Pay MOHP for a Surviving Spouse

   If there is a surviving spouse of a Veteran or service member, who was awarded the Medal of Honor during their lifetime or posthumously, then
  • add the MOHP for a surviving spouse entitlement amount to a current award, or
  • pay it as the sole benefit from the date certified.
Exception:  Each case must be evaluated to determine the greater benefit between MOHP for a surviving spouse and benefits paid under 38 U.S.C. 1311 or 38 U.S.C. 1318. Prior to generating an award, consider the following:
  • an election is required for a surviving spouse to receive the lesser benefit between MOHP for a surviving spouse and benefits paid under 38 U.S.C. 1311 or 38 U.S.C. 1318
  • a change to an election between benefits may be made by a surviving spouse at any time, however, following an initial election, benefits shall never overlap, and
  • until January 1, 2023, a surviving spouse must be notified when an evaluation to determine the greater benefit identifies that Dependency and Indemnity Compensation (DIC) benefits may be subject to a Survivor Benefit Plan (SBP) offset.  The notification must include detailed information on the impact an offset has on the concurrent receipt of DIC and SBP benefits.
Important:  Ensure that all identification and contact information necessary to establish an award is current and available.  This includes
  • correct first and last name
  • address
  • telephone number
  • e-mail address (if applicable)
  • Social Security number
  • claims folder number
  • date of birth
  • direct deposit information, and
  • remarriage information, if applicable.
Execute any development necessary to verify the above information. Note:  If there is no surviving spouse information on file and evidence in a claims folder indicates that a Veteran or service member’s name has been entered on a Medal of Honor Roll or a Medal of Honor is awarded posthumously, then development may be needed to determine if an eligible surviving spouse exists. Notification should be provided as part of the Veteran First Notice of Death processing or development for a posthumous Medal of Honor award.  This notification should include eligibility information, including marriage requirements. A surviving spouse not already established as such by VA, should provide VA Form 21-4170, Statement of Marital Relationship to verify marital and parental information which can be used to confirm eligibility for MOHP for a surviving spouse.  A marriage license or birth certificate is not required to confirm information provided on this form. The requirements for marital verification are unique to MOHP for a surviving spouse and should not be extended to other benefit types. References:  For more information on

XIII.i.6.2.h.  Retroactive Lump-Sum Payment Eligibility for a Surviving Spouse

   PL 116-315 authorized a retroactive lump-sum payment of MOHP for a surviving spouse back to the date of heroism or January 5, 2021, whichever is later. Note:  A lump-sum amount for MOHP for a surviving spouse is payable with an award entitlement date of no earlier than January 5, 2021. Reference:  For more information on retroactive lump-sum payments, see 38 CFR 3.802(d).

XIII.i.6.2.i.  Amount of Lump-Sum Benefits Payable to a Surviving Spouse

   In cases where the Veteran or service member was added to a Medal of Honor Roll posthumously, retroactive lump-sum benefits are payable to a surviving spouse equal to the total amount of MOHP for a surviving spouse the beneficiary would have received during the period that
  • begins on the first day of the month (but no earlier than January 5, 2021) after the date of the event for which the Veteran or service member earned the Medal of Honor, and
  • ends on the last day of the month preceding the month in which MOHP for a surviving spouse was awarded.
References:  For more information on

XIII.i.6.2.j.  Calculating the Retroactive Lump-Sum Amount for a Surviving Spouse

   Calculate the retroactive lump-sum amount for a surviving spouse by using the monthly MOHP rates in effect
  • from the first day of the month after the date of the event for which the surviving spouse became entitled to MOHP, and
  • to the last day of the month preceding the month in which the award of MOHP began.
Reference:  For more information on payment rates for MOHP for a surviving spouse, see the rate table.

XIII.i.6.2.k.  Notification to a Surviving Spouse of a Retroactive Lump-Sum Payment

   If payment of a retroactive lump sum is in order, inform the surviving spouse in the decision notice
  • of the reason for the retroactive payment, and
  • how it was calculated.

XIII.i.6.2.l.  Sample Development Language to Determine Eligibility for MOHP for a Surviving Spouse

   When sending a letter to develop for information needed to grant MOHP for a surviving spouse, use the sample language shown below.
DEPARTMENT OF VETERANS AFFAIRS [date] [claimant’s name] [claimant’s address]                                                      In Reply Refer To: Dear [surviving spouse’s name], We received notification that [Veteran or service member’s full name] was awarded the Medal of Honor and that they have passed away.  The Department of Veterans Affairs (VA) remains thankful for their service. Our records indicate that you may be the surviving spouse of the Medal of Honor recipient.  This may result in entitlement for a Medal of Honor special pension benefit. This letter tells you what we will do with your potential entitlement and what you can do to help us grant the benefit. Eligibility Information Medal of Honor special pension benefits for a surviving spouse require that an individual was married to the Medal of Honor recipient at the time of their death, and that at least one of the following are true of the marriage:
  • its duration was for one year or more immediately prior to the Medal of Honor recipient’s death
  • for any period of time during the marriage a child was born, or
  • a child was born to the Medal of Honor recipient and surviving spouse before the marriage.
[If marital information is not on file, include Please provide verification of marital information by utilizing VA Form 21-4170, Statement of Marital Relationship.] A surviving spouse eligible to receive Dependency and Indemnity Compensation (DIC) may not receive a Medal of Honor special pension benefit at the same time. An election is required to receive the lesser benefit between DIC and Medal of Honor special pension benefits. This election may be made via a statement signed by the eligible surviving spouse, which can be provided on the attached VA Form 21-10210, Lay/Witness Statement. A surviving spouse is not prohibited from changing an election at a later date; however, only one benefit will be paid for any single payment period following an initial election. [If surviving spouse is currently in receipt of DIC, include Our records indicate that you are currently in receipt of DIC at the rate of $X,XXX.XX. This rate is [higher or lower] than the current statutorily mandated rate of $ X,XXX.XX [initial rate was 1,388.68 on 01-05-21] for the Medal of Honor special pension benefit.] [If surviving spouse is currently in receipt of DIC and DIC is the higher rate, include We will continue paying your current DIC award benefit, unless you provide an election indicating that you prefer to receive the Medal of Honor special pension benefit. If an election is received, we will utilize the date that the election is received to adjust the award benefit type. If you desire to retain your current DIC award benefit, then no action in response to this letter is required.] [If surviving spouse is currently in receipt of DIC and DIC is the lower rate, include We will automatically convert your award benefit to be that of the Medal of Honor special pension benefit for the earliest entitlement date which your case warrants. This may result in the payment of accrued benefits, minus any potential overpayment or debt owed to VA.] [If SBP offset applies and contact addressing this with the surviving spouse is not on file, include information about how the SBP offset will impact their DIC benefit.] An election is required to receive the lesser economic benefit between DIC and a Medal of Honor special pension benefit. This election may be made via a statement signed by the eligible surviving spouse, which can be provided on the attached VA Form 21-10210, Lay/Witness Statement. A surviving spouse is not prohibited from changing an election at a later date, however, only one benefit will be paid for any single payment period following an initial election. What Do We Need from You? Please review what information is required regarding your identification and contact information. The following information is needed by VA to grant a Medal of Honor special pension benefit:
  • Full Legal Name
  • Social Security Number
  • Date of Birth
  • Bank Account Information
  • Telephone Number
  • E-mail (if available)
  • Marital Status (If remarried, please provide the date of the marriage)
Please provide confirmation or updates to the VA concerning the information identified. This is not required for individuals who are in current receipt of VA benefits. We encourage you to return a confirmation or updates on information at your earliest convenience, as it may expedite the processing of payments for the Medal of Honor special pension benefit.