Death Benefits

Death BenefitsTexas 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– 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.)

• 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 (Cont.)

• Dependent Requirements– Spouse

• Validity of Marriage• Continuous Cohabitation

– Children• Under 18, or• Over 18 in school• Helpless Child

DIC (Cont.)

• Entitlement Amount• Additional Allowances

– Rated 100% & married for 8 years – Allowance for Widow’s A&A– Allowance for Widow’s Housebound

DIC (Cont.)

• Additional Benefits– Loan Guaranty– CHAMPVA / CHAMPUS– Chapter 35– Commissary / Exchange– Civil Service Preference

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’ 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 (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

• Veteran’s Requirement– Period of service– Character of discharge– Wartime service(Same as Live pension)

Death Pension (Cont.)

Death Pension vs DIC

Death Pension for non-service connected deaths

DIC for Service-connected deaths

Death Pension (Cont.)

Spouse requirements = Same as DICDependent 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 entitlementParents are NOT eligible for Death Pension

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

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.)

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 (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 (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

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 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

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.)

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 (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 (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 (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 (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 (Cont.)

Application Procedures• Arlington Cemetery more restrictive than

other cemeteries

• Contact Arlington’s Superintendent at (703) 607-8000 or write:

SuperintendentArlington National CemeteryArlington, Va. 22211

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 & Markers

Selected Reserve Eligibility• Eligible for Military retired pay, or• Have SC disability• Died from SC disability

Headstones & Markers

Government furnished for placement in: • National cemetery• Military post or base cemetery• State veterans' cemetery• Private cemetery

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 (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 (Cont.)Standard Inscriptions:• Veteran's name• Years of birth and death• Branch of serviceOptional 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 (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 (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 (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

Main Benefits1.   Burial allowance

2.   Plot/interment allowance

3.   Reimbursement of transportation costs

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 (Cont.)

Service-Connected Death• Entitlement is a combined Burial & Plot

allowance of $2000

BURIAL & PLOT ALLOWANCE (Cont.)

Non-Service Connected Death is determined by: 1. In receipt of VA pension or compensation 2. In receipt of military retirement pay in lieu of

VA compensation3. Claim pending for disability benefits and was

found eligible from a date prior to date of death4. Died while hospitalized by VA or on approved

travel for VA medical care5. Found to be indigent

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 (Cont.)

Transportation Allowance:• No specific amount• Based on “Reasonable Charge”• Must show itemized charges

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

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

• Burial allowance (both SC & Non- SC) • Plot or interment allowance • Transportation allowance

FORMS

VAF 21-534 • Application for Dependency and

Indemnity Compensation (DIC)• Death Pension • Accrued Benefits by a Surviving Spouse or

Child

FORMS

VAF 21-535 Application for Dependency and Indemnity

Compensation (DIC) by Parents

Review

• Dependency and Indemnity Compensation (DIC)– Veteran’s Requirements– Dependent’s Requirement– Entitlements

• Parent’s DIC– Veteran’s Requirements– Parents’ Requirements– Benefit

Review• Death Pension

– Veteran’s Requirements– Dependent’s Requirements– Benefits

• Burial Flags & Presidential Memorial Certificates• National Cemeteries• Headstones & Markers• Burial & Plot Allowance• Forms