Death Benefits

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