Death Benefits

1
Death Benefits

• Texas Veterans Commission
• Initial Training
• Fall Conference 2008

2
Overview

• Dependency and Indemnity Compensation (DIC)
• Veterans Requirements
• Dependents Requirement
• Entitlements
• Parents DIC
• Veterans Requirements
• Parents Requirements
• Benefit

3
Overview (Cont.)

• Death Pension
• Veterans Requirements
• Dependents Requirements
• Benefits
• Burial Flags Presidential Memorial Certificates
• National Cemeteries
• Headstones Markers
• Burial Plot Allowance
• Forms

4
DIC

• DIC defined
• Veterans 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.)

• Veterans 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 Widows AA
• Allowance for Widows Housebound

8
DIC (Cont.)

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

9
Parents DIC

• Parents DIC Defined
• Veterans 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

• Veterans 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
  childs entitlement
• Childs custodians 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
  veterans 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
• MIAs 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 Nations grateful recognition
• Veterans 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 Childrens 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 Directors
  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 Arlingtons Superintendent at
• [phone] 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 VAs 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 directors 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)
• Veterans Requirements
• Dependents Requirement
• Entitlements
• Parents DIC
• Veterans Requirements
• Parents Requirements
• Benefit

49
Review

• Death Pension
• Veterans Requirements
• Dependents Requirements
• Benefits
• Burial Flags Presidential Memorial Certificates
• National Cemeteries
• Headstones Markers
• Burial Plot Allowance
• Forms