BURIAL BENEFITS AND DEATH CLAIMS

1
BURIAL BENEFITS AND DEATH CLAIMS
2
TYPES OF BURIALDEATH BENEFITS
1.Memorialization Benefits. They are to honor
the memory of a deceased veteran. 2. Burial
Benefits. Designed to assist claimants in
meeting the funeral and burial costs of eligible
veterans. 3. Death Benefits. Designed to assist
dependents of the deceased veterans in meeting
financial needs.
3
VA MEMORIALIZATION BENEFITS

• A Presidential Memorial Certificate to express
  the Nations grateful recognition of the
  veterans service
• A burial flag to drape the casket of a deceased
  veteran
• Government headstones and markers
• Burial in a National Cemetery

4
Presidential Memorial Certificate

• Presidential Memorial Certificates are issued in
  the name of the honorably discharged deceased
  veteran to the next-of-kin, other relatives and
  friends.

5
BURIAL FLAG

• An American flag will be provided by VA to drape
  the casket of veterans discharged under
  conditions other than dishonorable. Individuals
  with 20 years of service in the Selected Reserve
  or National Guard are also eligible for a flag.
• A flag will be issued to the next of kin or close
  friend or associate of the deceased veteran.

6
GOVERNMENT HEADSTONES AND MARKERS
Government headstones and markers are furnished
for memorialization of deceased veterans. Under
certain circumstances, the VA may pay a monetary
allowance as reimbursement for the cost incurred
in acquiring a non-government headstone or for
additional engraving.
7
GOVERNMENT HEADSTONES AND MARKERS

• Refer requests to
• National Cemetery Administration (403)
• VA Central Office
• Washington, DC 20420
• or ask the director of the cemetery where the
  veteran is interred to request the marker.

8
Eligibility National Cemetery

• Burial in a VA national cemetery is provided on a
  space available basis.
• Generally, deceased veterans discharged under
  conditions other than dishonorable and service
  members who die while on active duty are
  eligible.
• Under certain circumstances, spouses and
  qualified dependent children of active duty
  military personnel and eligible veterans may also
  be buried in a VA national cemetery.

9
Eligibility National Cemetery

• Gravesites in national cemeteries may not be
  reserved.
• Directors of national cemeteries are responsible
  for determining eligibility for burial in a
  national cemetery.

10
BURIAL ALLOWANCE

• A burial allowance is payable for veterans when
  death is shown to be service-connected or
  nonservice-connected.
• Burial includes all various recognized methods of
  disposing of the remains of the deceased person
  (cremation, burial at sea, and medical school
  donation.)

11
BURIAL ALLOWANCE

• The VA rating activity must grant service
  connection for the cause of death to meet the
  eligibility criteria for the SC death allowance.

12
BURIAL ALLOWANCE

• The NSC death burial allowance is payable if the
  veteran had an other than dishonorable discharge
  and
• was in receipt of pension or compensation at the
  time of death, or
• was receiving military retired pay in lieu of
  compensation at time of death, or

13
BURIAL ALLOWANCE

• had a claim pending at the time of death and has
  been found entitled to benefits from a date prior
  to death, or
• 4. died while hospitalized by the VA, or a
  patient at an approved State nursing home, or
• 5. died while traveling under proper
  authorization and at VA expense.

14
PLOT ALLOWANCE
A plot or interment allowance is payable in
addition to the basic burial allowance. This
allowance is paid towards expenses incurred for
the plot or interment if burial was not in a
national cemetery or other cemetery under the
jurisdiction of the United States or in a
State-owned cemetery. Plot is the final resting
place of the remains. (Grave, mausoleum, vault
columbarium niche, or other site)
15
TRANSPORTATION ALLOWANCE

• VA may authorize the cost of transporting the
  veterans body to the place of burial if the
  veterans death (service-connected or
  nonservice-connected) occurred while
• en route for VA authorized examination, treatment
  or care, or

16
TRANSPORTATION ALLOWANCE

• properly hospitalized at a medical center,
  domiciliary, or nursing home under the direct
  jurisdiction of VA, or
• receiving nursing home care authorized under 38
  U.S.C. 1720 in a non-VA facility, or
• a patient at an approved State nursing home, or
• buried in a national cemetery.

17
VA Form 21-530, Application for Burial Benefits
Part I of the form should be completed in all
claims. Part II must be completed to claim the
burial and interment (plot) allowance paid by the
claimant. Part III is to be completed, if a
claim is made ONLY for the plot allowance.
18
VA Form 21-530, Application for Burial Benefits

• VA Form 21-530 must be fully completed to claim
  transportation allowance.
• The application must contain the signature of the
  claimant and contain the signature of the
  individual who authorized the service, if the
  claimant provided the service.

19
WHAT TO ATTACH
The VA will need verification of the veterans
military service, if not already of
record. Proof of death (certified death
certificate) is necessary. A statement of
account on the funeral directors letterhead must
accompany the claim. It must show the name of
the veteran, nature and cost of services,
including payments made to another funeral home,
all credits and the name of the person(s) by whom
payment in whole or part was made.
20
VA Form 21-534, Application for DIC, Death
Pension and Accrued Benefits by a Surviving
Spouse or Child
This application is used to apply for
service-connected (DIC) and nonservice-connected
(Death Pension) death benefits, and to apply for
any money the VA owes the veteran but did not pay
prior to death (called accrued benefits). If an
application is made for one of these benefits,
the law requires we also consider the others.
21
SERVICE-CONNECTED DEATH BENEFITS (DIC)

• DIC may be payable when
• death occurred in service, or
• veteran dies of service connected disability, or
• in certain circumstances if a veteran rated
  totally disabled from a service-connected
  disability dies from nonservice-connected
  conditions.
• The veterans cause of death cannot be due to
  his/her own willful misconduct.

22
DIC PAYABLE UNDER 38 U.S.C. 1318
Under 38 U.S. C. 1318, DIC is payable to
survivors of veterans whose deaths were not
service-connected but were continuously rated
totally disabled due to service-connected
disabilities for 10 years or more immediately
preceding the veterans death, or 5 years from
the date of the veterans discharge.
23
DEATH PENSION
Nonservice-connected death pension may be payable
when the death of a veteran with wartime service
is not due to service, provided income and net
worth is within the applicable limits.
24
ACCRUED BENEFITS

• Accrued benefits are benefits due to the
  beneficiary but not paid prior to death.
• Accrued benefits are payable on the basis of
  dependency (the claimant was a dependent on the
  veterans award during his lifetime) or
  reimbursement (the claimant paid for the last
  illness and burial of the veteran).

25
VA Form 21-534, Application for DIC, Death
Pension and Accrued by a Surviving Spouse or Child
Refer to Instructions for VA Form 21-534, dated
June 2005. On page 1, item F provides guidance
on How to Complete the Application. All
information requested must be answered fully. If
you do not know the answer, write Unknown. Part
I, question 7 asks if the claim is for
service-connected death benefits. If the
evidence of record supports a rating of a
service-connected death, DIC may be payable even
though this item is answered no.
26
VA Form 21-534 (continued)

• Part I Benefit applicant applying for
• Part II Identify Veteran applicant
• Part III Veterans active duty service
• Part IV Marital history of veteran
• applicant
• Part V Veterans unmarried children
• Part VI Special Monthly Pension

27
VA Form 21-534 (continued)

• Non-service-connected death pension
• Part VII Net Worth
• Part VIII Income
• (If these sections are not completed, we will
  deny pension. If applying for pension, complete
  every block in the income and net worth section,
  entering 0 (zero) or none in every applicable
  entry.)
• Part IX Unreimbursed expenses

28
VA Form 21-534 (continued)

• Part X Direct deposit information
• Part XI Signature
• Part XII Additional remarks

29
Application for DIC by Parents (VA Form 21-535)
Parents DIC is based upon the facts found
regarding the death and on a set income limit
established. To be eligible as a parent, the
claimant must be the veterans biological parent,
or the veteran must have lived with the claimant
in a parent-child relationship for at least one
year prior to entry into service. Only one
person in each parental line (father/mother) can
be recognized.
30
ATTACH TO APPLICATION

• In all death claims we need the following
  evidence if not of record
• Certified Death Certificate of veteran showing
  the cause of death
• Verification of veterans qualifying service
• Surviving spouse, child or parents dependency
  on the veteran at the time of death.

31
ATTACH TO APPLICATION

• For DIC (service-connected death benefits) it
  must be shown that death was incurred, or
  resulted from a disability incurred or
  aggravated, in line of duty, in active military
  service.
• For Death Pension
• Veteran had wartime service
• Claimants net worth and income is within
  applicable limits

32
Service Officers Role

• When application is complete and necessary proofs
  are attached, get the claim to the VA as soon as
  possible to protect the effective date of the
  claim.
• You as Service Officers should assist the
  claimant and remind them that you are there for
  support if needed.

33
Questionsand Answers