VA Benefits for Veterans Dependents and Survivors. Presented by

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1 VA Benefits for Veterans Dependents and Survivors Presented by November 6, 2014

2 Presenter Christine Golden National Service Director VetsFirst, a program of United Spinal Association cgolden@vetsfirst.org

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

4 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

5 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: 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

6 VA Benefits for Family Members

7 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

8 Qualifying Family Relationship Spouse/surviving spouse Child/surviving child Dependent parent/surviving parent

9 Spouse/Surviving Spouse Spouse Must have a valid ceremonial marriage or common law marriage Limited recognition of same-sex spouses Surviving spouse 1. 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

10 Child/Surviving Child Child or Surviving Child 1. Must be a biological child, adopted child, or a stepchild of veteran to receive VA benefits; and 2. 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

11 Dependent Parent/Surviving Parent Dependent Parent or Surviving Parent 1. Must show a parental relationship to veteran; and 2. Financial dependence on the veteran

12 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

13 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, per month with an additional $ 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

14 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

15 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

16 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

17 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

18 VA Benefits for Qualifying Dependents and Survivors Educational benefits VA healthcare (CHAMPVA)

19 Chapter 35 Educational Benefits

20 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

21 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

22 Additional Help for Spouses and Parents VA has two allowances for family members with serious disabilities Aid and Attendance Housebound

23 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.

24 Presentation Resources VetsFirst - Veterans Affairs

25 VetsFirst thanks you for your service

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