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Death Benefits

Death Benefits. Texas Veterans Commission Fall Conference 2009. Overview. Dependency and Indemnity Compensation (DIC) Veteran’s Requirements Dependent’s Requirement Entitlements Parent’s DIC Veteran’s Requirements Parents’ Requirements Benefit. Overview (Cont.). Death Pension

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Death Benefits

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  1. Death Benefits Texas Veterans Commission Fall Conference 2009

  2. Overview • Dependency and Indemnity Compensation (DIC) • Veteran’s Requirements • Dependent’s Requirement • Entitlements • Parent’s DIC • Veteran’s Requirements • Parents’ Requirements • Benefit

  3. Overview (Cont.) • Death Pension • Veteran’s Requirements • Dependent’s Requirements • Benefits • Burial Flags & Presidential Memorial Certificates • National Cemeteries • Headstones & Markers • Burial & Plot Allowance • Forms

  4. DIC • DIC defined • Veteran’s requirements • Died on Active duty, or • From SC disability, or • Rated 100% SC for 10 years, or • Rated 100% SC from time of Discharge, or • From improper VA medical treatment

  5. DIC (Cont.) • Veteran’s requirements (Cont.) • Other than Dishonorable Discharge • In Line of Duty • Not Willful Misconduct • Not Wrongful Death • May be payable in NSC Death case • 10 Year Rule • Unique Exceptions

  6. DIC (Cont.) • Dependent Requirements • Spouse • Validity of Marriage • Continuous Cohabitation • Children • Under 18, or • Over 18 in school • Helpless Child

  7. DIC (Cont.) • Entitlement Amount • Additional Allowances • Rated 100% & married for 8 years • Allowance for Widow’s A&A • Allowance for Widow’s Housebound

  8. DIC (Cont.) • Additional Benefits • Loan Guaranty • CHAMPVA / CHAMPUS • Chapter 35 • Commissary / Exchange • Civil Service Preference

  9. Parents’ DIC • Parents’ DIC Defined • Veteran’s Requirements • Died on active duty in line of duty, or • Died from SC disability (Note: Parents do not qualify under the total disability provision)

  10. Parents’ DIC (Cont.) • Parents’ Eligibility Requirements • Establish relationship to the veteran • Be within the income limits set by law (May be required to submit an EVR) • 1 Mother / 1 Father • Parents NOT required to be financially dependent on veteran • Net worth is NOT considered

  11. Parents’ DIC (Cont.) • Entitlement Amount • Income limits set by law • If Parents’ income exceeds limits, DIC is not payable • If parents’ income is less than limits, DIC is payable

  12. Death Pension • Veteran’s Requirement • Period of service • Character of discharge • Wartime service (Same as Live pension)

  13. Death Pension (Cont.) Death Pension vs DIC Death Pension for non-service connected deaths DIC for Service-connected deaths

  14. Death Pension (Cont.) Spouse requirements = Same as DIC Dependent Children = Same as DIC except • Children may be eligible in their own right • Remarriage of surviving spouse does NOT affect child’s entitlement • Child’s custodian’s income is considered in determining entitlement Parents are NOT eligible for Death Pension

  15. Death Pension (Cont.) Income-Based Rates • Income limits set by law • Final expenses received within 45 days of veteran’s death may lower countable income

  16. Burial Flags Eligibility Requirements, Regular • Other than Dishonorable discharge, and • Wartime Veteran, or • Served after 01/31/55, or • Served 1 full enlistment or discharged for SC disability

  17. Burial Flags (Cont.) Eligibility Requirements, National Guard / Reserve • Other than Dishonorable discharge, and • Service-Connected Disability, or • 20 years of creditable service for military retired pay purposes

  18. Burial Flags (Cont.) • Only 1 flag per veteran • Cannot be replaced if damaged / destroyed • Presented to next of kin at grave services • MIA’s presumed dead eligible for flag

  19. Burial Flags (Cont.) Application Procedures • Funeral Director (most cases), or • Individual applying; • Complete VA Form 2008 • Submit form to; • US Post Office • VA Office • VA Installation (Hospital, Sanitarium, Outpatient Clinic • Federally aided state veterans’ home

  20. Presidential Memorial Certificates Eligibility Requirements • Honorable / General Discharge, or • Have died on active duty Description • Parchment Certificate • Expresses Nation’s grateful recognition • Veteran’s Name • Signature of the President & presidential seal in gold

  21. Presidential Memorial Certificates • No limit as to the number of certificates issued for a Veteran • Requesting a PMC • VA Form 21-4138, or • Letter from Claimant • Sent to: Presidential Memorial Certificates (41A1C) Department of Veterans Affairs 5109 Russell Rd. Quantico, Va. 22134-3903

  22. National Cemeteries Veterans Eligibility • Discharged under other than Dishonorable conditions, HOWEVER • If entered service after 09/07/80 the 24-month rule of min. active duty requirement applies

  23. National Cemeteries (Cont.) Selected Reserve Eligibility • Eligible for Military retired pay, or • Have SC disability • Died from SC disability • Died while being treated by VA or at VA expense for SC disability • Died as a member of ROTC in line of duty

  24. National Cemeteries (Cont.) Dependents Spouses Eligibility • Spouses must not have remarried • It is not required that the veteran predecease the spouse • It is not required that the veteran also be buried in the same national cemetery • The veteran and spouse are buried in the same gravesite if possible, but exceptions can be granted.

  25. National Cemeteries (Cont.) Dependent Children’s Eligibility • Under the age of 21 & unmarried • Older than 21 be unmarried, & determined to be helpless prior to attaining age 21.

  26. National Cemeteries (Cont.) Benefit • One grave site per family unit (May be exceptions) • Grave site at a national cemetery • No charge • Cremated remains are allowed • Sites on a "space available" basis • Grave sites CANNOT be reserved.

  27. National Cemeteries (Cont.) Application Procedures • National Cemeteries apply through cemetery Director National Cemeteries addresses and Director’s phone number are listed in the VA Pamphlet 80-0-01, Federal Benefits for Veterans and Dependents.

  28. National Cemeteries (Cont.) Application Procedures • Arlington Cemetery more restrictive than other cemeteries • Contact Arlington’s Superintendent at (703) 607-8000 or write: Superintendent Arlington National Cemetery Arlington, Va. 22211

  29. Headstones & Markers Veterans Eligibility • Discharged under other than Dishonorable conditions, HOWEVER • If entered service after 09/07/80 the 24-month rule of min. active duty requirement applies

  30. Headstones & Markers Selected Reserve Eligibility • Eligible for Military retired pay, or • Have SC disability • Died from SC disability

  31. Headstones & Markers Government furnished for placement in: • National cemetery • Military post or base cemetery • State veterans' cemetery • Private cemetery

  32. Headstones & Markers (Cont.) 3 styles of monuments that may be chosen: • Flat bronze or granite marker • Upright marble or granite headstone • Niche marker for cremated remains

  33. Headstones & Markers (Cont.) Memorial Monuments • For veterans buried at sea, those whose bodies were donated to science, and those who were cremated and the ashes scattered. • Words “In Memory Of” mandatory

  34. Headstones & Markers (Cont.) Standard Inscriptions: • Veteran's name • Years of birth and death • Branch of service Optional Inscriptions • Military grade, rate, or rank • War service (such as World War I) • Months and days of birth and death • Religious emblem • Valor awards received • Military decorations (Purple Heart, Navy Cross, Silver Star)

  35. Headstones & Markers (Cont.) Application Procedures: • National Cemetery = Cemetery Director • Private or Local Cemetery • VA Form 40-1330 • Applicant normally next of kin • Attach a copy of the veteran's discharge

  36. Headstones & Markers (Cont.) Shipping Monuments • Shipped to Cemetery / Headstone Business • Shipped at VA’s expense • 60-90 Days fm date VA receives request • Setting monument paid by the applicant.

  37. Headstones & Markers (Cont.) Monuments may be replaced if they are: • deteriorated, • illegible, • stolen, or • vandalized. Also may be replaced if: • Not the one specified applicant, • Inscription incorrect, or • Material / workmanship not in specifications

  38. BURIAL & PLOT ALLOWANCE Main Benefits 1.   Burial allowance 2.   Plot/interment allowance 3.   Reimbursement of transportation costs

  39. BURIAL & PLOT ALLOWANCE (Cont.) Eligibility Requirements • Discharge other than Dishonorable • Receiving money from the VA (Either Pension or Compensation) Note: Amount of entitlement is determined by SC or Non-SC Death

  40. BURIAL & PLOT ALLOWANCE (Cont.) Service-Connected Death • Entitlement is a combined Burial & Plot allowance of $2000

  41. BURIAL & PLOT ALLOWANCE (Cont.) Non-Service Connected Death is determined by: • In receipt of VA pension or compensation • In receipt of military retirement pay in lieu of VA compensation • Claim pending for disability benefits and was found eligible from a date prior to date of death • Died while hospitalized by VA or on approved travel for VA medical care • Found to be indigent

  42. BURIAL & PLOT ALLOWANCE (Cont.) Non-Service Connected Death • Burial allowance $300 • Plot allowance, if NOT in a National or State cemetery, $300

  43. BURIAL & PLOT ALLOWANCE (Cont.) Transportation Allowance: • No specific amount • Based on “Reasonable Charge” • Must show itemized charges

  44. BURIAL & PLOT ALLOWANCE (Cont.) Evidence Needed for burial benefit claims: • Military documents • Funeral director’s statement • Death certificate • State official's statement (for indigent veterans) Time limit for filing is 2 years from Death

  45. FORMS VA Form 21-530, Application for Burial Benefits to include: • Burial allowance (both SC & Non- SC) • Plot or interment allowance • Transportation allowance

  46. FORMS VAF 21-534 • Application for Dependency and Indemnity Compensation (DIC) • Death Pension • Accrued Benefits by a Surviving Spouse or Child

  47. FORMS VAF 21-535 Application for Dependency and Indemnity Compensation (DIC) by Parents

  48. Review • Dependency and Indemnity Compensation (DIC) • Veteran’s Requirements • Dependent’s Requirement • Entitlements • Parent’s DIC • Veteran’s Requirements • Parents’ Requirements • Benefit

  49. Review • Death Pension • Veteran’s Requirements • Dependent’s Requirements • Benefits • Burial Flags & Presidential Memorial Certificates • National Cemeteries • Headstones & Markers • Burial & Plot Allowance • Forms

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