VA Benefits for Veterans’ Dependents and Survivors

Presented by

November 6, 2014

Presenter

Christine GoldenNational Service Director

VetsFirst, a program of United Spinal AssociationEmail: cgolden@vetsfirst.org

Questions

To ask a question, or make a comment, please type it in the “Questions” box.

VetsFirst’s History

• Represents over 65 years of service to veterans and their families

• Provides representation for veterans, their dependents and survivors in their pursuit of VA benefits and health care

• Fights to ensure all veterans with disabilities have the ability to live and work in their communities and achieve greater independence

Our Mission as a VA Recognized Veterans Service Organization

• Inform and educate veterans and their dependents about their rights and benefits

• Advise claimants of their right to appeal VA decisions and assist in the development of such appeals

• Provide clear, professional explanations of the laws and regulations governing veterans benefits

• Provide answers to benefits questions on the VetsFirst website: www.vetsfirst.org/ask-vetsfirst

• Offer free, up-to-date VetsFirst Knowledge Books for answers to VA benefits questions concerning compensation and pension, education, healthcare, VA life insurance, burial, survivors benefits, and more

VA Benefits for Family Members

Overview of VA Benefits for Family Members

• Eligibility criteria to qualify as a dependent or survivor

• Types of VA benefits for survivors • Types of VA benefits for dependents and

survivors• Special benefits for some spouses/parents• Apportionment of a living veteran’s benefit

Qualifying Family Relationship

• Spouse/surviving spouse• Child/surviving child• Dependent parent/surviving parent

Spouse/Surviving Spouse• Spouse Must have a valid ceremonial marriage or common law marriage Limited recognition of same-sex spouses

• Surviving spouse1. Must show he or she was the valid spouse or deemed valid

spouse of the veteran at the time of the veteran’s death; 2. Married to the veteran one year prior to death; 3. Continuously cohabitated with the veteran during the

marriage; and 4. Has not remarried following the veteran’s death

Child/Surviving Child

Child or Surviving Child1. Must be a biological child, adopted child, or a

stepchild of veteran to receive VA benefits; and2. Unmarried and between the ages of 18 and 23 (if

attending an approved course of education) or established as a “helpless child” before the age of 18

Dependent Parent/Surviving Parent

Dependent Parent or Surviving Parent1. Must show a parental relationship to veteran;

and 2. Financial dependence on the veteran

VA Benefits Available to Qualifying Survivors

• Veteran’s final monthly benefit check• Dependency and Indemnity Compensation (DIC) and

Death Compensation• Death pension • Accrued benefits and substitution claims• Burial and funeral allowances• VA home loans

DIC/Death Compensation• Benefit payable to qualifying surviving spouse, surviving child, or

surviving dependent parent if:– Veteran died while in service;– Veteran died of a service-connected condition;– Veteran was continuously rated totally disabled (100%) due to a

service-connected disability for a period of 10 years or more before death;

– Veteran was in receipt of compensation for a disability rated totally disabling for a five-year period between discharge from military and death; or

– Veteran was a former POW in receipt of compensation for a disability rated totally disabling for at least one year before death

• DIC currently $1,233.33 per month with an additional $261.87 if the veteran was in receipt of compensation for eight years before death and the surviving spouse was married to the veteran during that time

Death Pension• Benefit for surviving spouse/child/parent when veteran’s

death is not service connected• Veteran must have served at least 90 days of active duty,

with at least one day during an established period of war with an other than dishonorable discharge

• No time limit for filing a claim• Income based program• Additional money for surviving spouses/parents in need of

aid and attendance or who are housebound

Accrued Benefits/Substitution Claims

• Survivor may receive accrued benefits if the VA owed a veteran benefits prior to his or her death

• Survivor may step in as a “substitution” for any claims pending after October 9, 2008

• Accrued benefits and substitution claims must be filed within one year of veteran’s death

• Differences between accrued benefits and substitution claims

Burial Allowance• Service-connected deaths are allowed up to $2,000 for burial and funeral

expenses• Non-service-connected deaths are allowed up to $700 for burial and

funeral expenses if the veterans was hospitalized by VA at time of death (otherwise $300) and a $700 plot-interment allowance (if not buried in a national cemetery)

• VA furnishes an inscribed headstone or marker and an American flag to drape the veteran’s casket

• Family members receive a Presidential Memorial Certificate • Dependents can be buried in a VA National Cemetery with the veteran

VA Home Loan Guaranty

• Loan guaranty benefit designed to help surviving spouses purchase, construct, or refinance a home

• VA home loans are provided by private lenders, such as banks and mortgage companies

• VA guarantees a portion of the loan, enabling the lender to provide a loan on more favorable terms, such as no down payment and lower interest rates

VA Benefits for Qualifying Dependents and Survivors

• Educational benefits• VA healthcare (CHAMPVA)

Chapter 35 Educational Benefits

Educational Benefits• Dependent and surviving spouses and children are eligible• If living, the veteran must be rated totally and permanently

disabled due to a service-connected condition • If deceased, the veteran died from a service-connected disability

or suffered from a disability rated P&T which was service connected

• Eligibility period to use educational benefits for a surviving spouse is 10 years

• Post-9/11 GI Bill (Fry Scholarship) for surviving spouses and children of service members

• Family members eligible for transfer of Montgomery GI Bill

CHAMPVA• VA shares the cost of covered healthcare services and supplies with eligible beneficiaries• Provides reimbursement for most medical expenses (inpatient/outpatient services, labs,

prescriptions, etc.)• Cannot be eligible for TRICARE• Must meet one of these categories:

Spouse or child of a veteran rated permanently and totally disabled; Surviving spouse or child of a veteran who died from a service-connected disability; Surviving spouse or child of a veteran who was at the time of death rated permanently

and totally disabled from a service-connected disability; or Surviving spouse or child of a service member who died in the line of duty, not due to

misconduct (in most of these cases, these family members are eligible for TRICARE, not CHAMPVA)

• Beneficiaries may purchase dental insurance • CHAMPVA is always a secondary payer to Medicare

Additional Help for Spouses and Parents

VA has two allowances for family members with serious disabilities• Aid and Attendance• Housebound

Apportionment of a Veteran’s Benefit

VA may apportion or assign a portion of a living veteran’s benefit to a family member when:• The veteran is not living with his or her spouse or is failing to

support dependent family members;• The veteran is incarcerated; or• The veteran is incompetent, hospitalized, and has no fiduciary

or guardian.

Presentation Resources

• VetsFirst- www.vetsfirst.org/ask-vetsfirst

• Veterans Affairs- www.benefits.va.gov/benefits/- www.benefits.va.gov/gibill/survivor_dependent_assistance- www.cem.va.gov/burial_benefits/- www.benefits.va.gov/homeloans/- www.va.gov/hac/forbeneficiaries/champva

VetsFirst thanks you for your service

Questions

To ask a question, or make a comment, please type it in the “Questions” box.