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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

Death Benefits

Texas Veterans Commission

Fall Conference 2009


Overview
Overview

  • Dependency and Indemnity Compensation (DIC)

    • Veteran’s Requirements

    • Dependent’s Requirement

    • Entitlements

  • Parent’s DIC

    • Veteran’s Requirements

    • Parents’ Requirements

    • Benefit


Overview cont
Overview (Cont.)

  • Death Pension

    • Veteran’s Requirements

    • Dependent’s Requirements

    • Benefits

  • Burial Flags & Presidential Memorial Certificates

  • National Cemeteries

  • Headstones & Markers

  • Burial & Plot Allowance

  • Forms


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


Dic cont
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


Dic cont1
DIC (Cont.)

  • Dependent Requirements

    • Spouse

      • Validity of Marriage

      • Continuous Cohabitation

    • Children

      • Under 18, or

      • Over 18 in school

      • Helpless Child


Dic cont2
DIC (Cont.)

  • Entitlement Amount

  • Additional Allowances

    • Rated 100% & married for 8 years

    • Allowance for Widow’s A&A

    • Allowance for Widow’s Housebound


Dic cont3
DIC (Cont.)

  • Additional Benefits

    • Loan Guaranty

    • CHAMPVA / CHAMPUS

    • Chapter 35

    • Commissary / Exchange

    • Civil Service Preference


Parents dic
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)


Parents dic cont
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


Parents dic cont1
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


Death pension
Death Pension

  • Veteran’s Requirement

    • Period of service

    • Character of discharge

    • Wartime service

      (Same as Live pension)


Death pension cont
Death Pension (Cont.)

Death Pension vs DIC

Death Pension for non-service connected deaths

DIC for Service-connected deaths


Death pension cont1
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


Death pension cont2
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


Burial flags
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


Burial flags cont
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


Burial flags cont1
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


Burial flags cont2
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


Presidential memorial certificates
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


Presidential memorial certificates1
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


National cemeteries
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


National cemeteries cont
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


National cemeteries cont1
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.


National cemeteries cont2
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.


National cemeteries cont3
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.


National cemeteries cont4
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.


National cemeteries cont5
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


Headstones markers
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


Headstones markers1
Headstones & Markers

Selected Reserve Eligibility

  • Eligible for Military retired pay, or

  • Have SC disability

  • Died from SC disability


Headstones markers2
Headstones & Markers

Government furnished for placement in:

  • National cemetery

  • Military post or base cemetery

  • State veterans' cemetery

  • Private cemetery


Headstones markers cont
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


Headstones markers cont1
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


Headstones markers cont2
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)


Headstones markers cont3
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


Headstones markers cont4
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.


Headstones markers cont5
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


Burial plot allowance
BURIAL & PLOT ALLOWANCE

Main Benefits

1.   Burial allowance

2.   Plot/interment allowance

3.   Reimbursement of transportation costs


Burial plot allowance cont
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


Burial plot allowance cont1
BURIAL & PLOT ALLOWANCE (Cont.)

Service-Connected Death

  • Entitlement is a combined Burial & Plot allowance of $2000


Burial plot allowance cont2
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


Burial plot allowance cont3
BURIAL & PLOT ALLOWANCE (Cont.)

Non-Service Connected Death

  • Burial allowance $300

  • Plot allowance, if NOT in a National or State cemetery, $300


Burial plot allowance cont4
BURIAL & PLOT ALLOWANCE (Cont.)

Transportation Allowance:

  • No specific amount

  • Based on “Reasonable Charge”

  • Must show itemized charges


Burial plot allowance cont5
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


Forms
FORMS

VA Form 21-530, Application for Burial Benefits to include:

  • Burial allowance (both SC & Non- SC)

  • Plot or interment allowance

  • Transportation allowance


Forms1
FORMS

VAF 21-534

  • Application for Dependency and Indemnity Compensation (DIC)

  • Death Pension

  • Accrued Benefits by a Surviving Spouse or Child


Forms2
FORMS

VAF 21-535

Application for Dependency and Indemnity Compensation (DIC) by Parents


Review
Review

  • Dependency and Indemnity Compensation (DIC)

    • Veteran’s Requirements

    • Dependent’s Requirement

    • Entitlements

  • Parent’s DIC

    • Veteran’s Requirements

    • Parents’ Requirements

    • Benefit


Review1
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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