burial benefits - Law Office of Kay Perry

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Overview of Department of Defense and
Department of Veterans’ Affairs Death and Burial Benefits
BURIAL BENEFITS
Military Funeral Honors: (http://www.militaryfuneralhonors.osd.mil/intro.html)
What is Military Funeral Honors?
Military Funeral Honors have always been provided whenever possible. However, the law
now mandates the rendering of Military Funeral Honors for an eligible veteran if requested
by the family. As provided by law, an honor guard detail for the burial of an eligible veteran
shall consist of not less than two members of the Armed Forces. One member of the detail
shall be a representative of the parent Service of the deceased veteran. The honor detail
will, at a minimum, perform a ceremony that includes the folding and presenting of the
American flag to the next of kin and the playing of Taps. Taps will be played by a bugler, if
available, or by electronic recording. Today, there are so few buglers available that the
Military Services often cannot provide one.
Who is eligible for Military Funeral Honors?
- Military members on active duty or in the Selected Reserve.
- Former military members who served on active duty and departed under conditions
other than dishonorable.
- Former military members who completed at least one term of enlistment or period of
initial obligated service in the Selected Reserve and departed under conditions other than
dishonorable.
- Former military members discharged from the Selected Reserve due to a disability
incurred or aggravated in the line of duty.
What can the family of an eligible veteran expect?
The core elements of the funeral honors ceremony, which will be conducted are:
- Flag folding
- Flag presentation
- Playing of Taps
The veteran’s parent Service representative will present the flag.
The Department of Defense has established a toll free line (1-877-MIL-HONR) for use by
Funeral Directors to request honors.
References: Title 10, United States Code, Section 1491 Title 10, United States Code,
Section 985 Title 38, United States Code, Section 2411
Presidential Memorial Certificate: (http://www.cem.va.gov/pmc.asp)
This is a parchment certificate with a calligraphic inscription expressing the nation's
grateful recognition of an honorably discharged, deceased veteran's service in the Armed
Forces. The veteran's name is inscribed and the certificate bears the signature of the
President.
To obtain this certificate: The family may request a Presidential Memorial Certificate
(PMC) either in person at any VA regional office or by U.S. mail. Requests cannot be sent via
email. There is no form to fill out when requesting the certificate.
Please send your PMC request in one of the following manners:
1. Fax your request and all supporting documents (copy of discharge and death
certificate) to: (202) 565-8054, or
2. Mail your request and all supporting documents using either the U.S. Postal Service
or a commercial mail service, such as one of the overnight or express mail delivery
services, to:
Presidential Memorial Certificates
(41A1C)
Department of Veterans Affairs
5109 Russell Road
Quantico, VA 22134-3903
Eligibility
An honorably discharged, deceased
veteran's service in the Armed Forces.
Eligible recipients include the deceased
veteran's next of kin and loved ones. More
than one certificate may be provided.
Application
If you have any questions about a
certificate you have received, a request
you have already sent in or about the
program in general, you may call (202)
565-4964. Or you may email Department
of Veterans Affairs at PMC@mail.va.gov
VA Form 40-0247 Application for Presidential Memorial Certificate
Transportation of Remains:
(https://www.hrc.army.mil/TAGD/Transportation%20of%20Remains)
Detailed information concerning the eligibility for transporting the remains may be found
in Table 2-1 chapter 2 of Army Regulation 638-2 - Care and Disposition of Remains and
Disposition of Personal Effects
Military Uniform:
Deceased servicemembers are eligible to be provided with a military uniform for burial.
Clothing authorized for burial of eligible civilian personnel (typically DoD employees)
consists of suitable clothing however the decedent's own clothing should be used when it is
available and suitable for burial. The cost of civilian clothing will not exceed the cost of an
Army green uniform.
Identification tags are Government property and will be attached to the remains in a
secure manner.
Headstone, Marker and Medallion:
(http://www.cem.va.gov/hm/hmorder.asp)
The United States Government provides headstones and markers for the graves of active
duty Soldiers, veterans, and eligible dependents anywhere in the world which are not
already marked. Flat bronze, flat granite, flat marble and upright marble types are available
to mark the grave of a veteran or dependent in the style consistent with existing
monuments at the place of burial. Bronze niche markers are also available to mark
columbaria in national cemeteries used for inurnment of cremated remains.
Who Can Apply for a Headstone, Marker or Medallion?
Under this new rule, only the following individuals may apply for a headstone, marker or
medallion:
1. the decedent's next-of-kin (NOK)
2. a person authorized in writing by the NOK
3. a personal representative authorized in writing by the decedent.
The following ordered list will be used by the National Cemetery Administration (NCA) to
define the NOK for the purpose of determining who may apply for a Government
headstone, marker or medallion as well as, who may request an emblem of belief not
available for inscription:
1. Surviving Spouse (including common law)
2. Children by age
3. Parents — biological, adoptive, step, foster
4. Brothers/sisters— half, step
5. Grandparents
6. Grandchildren
7. Uncles/Aunts
8. Cousins
9. Nieces/Nephews
10. Other lineal descendants
Any individual authorized in writing by the NOK, or a personal representative authorized
in writing by the decedent may also apply for a headstone, marker or medallion. If someone
other than the NOK is applying for the headstone, marker or medallion, the application
package must include a written statement signed by the NOK or decedent authorizing that
person (the applicant) to apply for this benefit. A notarized statement is not required for
these purposes.
NCA will also accept applications from funeral home directors, cemetery officials, and
Department of Defense appointed Casualty Assistance Officers, since they generally are
authorized to represent the decedent or the NOK. When a cemetery is historic and/or does
not have officials that are responsible for the administration of the cemetery, then the
landowner may be the applicant.
When burial is in a private cemetery, VA Form 40-1330, Application for Standard
Government Headstone or Marker must be submitted by the next of kin or a representative,
such as funeral director, cemetery official or Veterans counselor, along with Veterans
military discharge documents, to request a Government-provided headstone or marker. Do
not send original documents, as they will not be returned.
Ordering a Headstone or Marker in a National, Post, or State Veterans Cemetery
When burial or memorialization is in a national, post, or state Veterans' cemetery, a
headstone or marker will be ordered by the cemetery officials based on inscription
information provided by the next of kin.
Requesting a grave marker
When burial is in a private cemetery, VA Form 40-1330 - Application for Standard
Government Headstone or Marker for Installation in a Private Cemetery or a State
Veterans' Cemetery, must be submitted by the next of kin, funeral director or cemetery
representative, along with a copy of the veteran's military discharge documents. Your
funeral director will assist you or if you have questions about grave markers, family
members can send the completed request for a Government-provided headstone or marker
and the necessary supporting documents to:
Memorial Programs Service (41A1)
Department of Veterans Affairs
5109 Russell Road
Quantico, VA 22134-3903
OR fax to: 1-800-455-7143.
For the status of headstones and markers please call Veterans Affairs at 1-800-697-6947.
Setting Government Headstones and Markers
Cemetery staff in national, military post, and military base cemeteries are responsible for
setting the headstone or marker at no cost to the applicant. Some state Veterans'
cemeteries may charge the applicant a nominal fee for setting a Government-furnished
headstone or marker.
Arrangements for setting a Government-furnished headstone or marker in a private
cemetery are the applicant's responsibility and all placement costs are at private expense.
Memorial Headstones and Markers
Memorial headstones and markers, for individuals or groups, are furnished for eligible
deceased active duty service members and Veterans whose remains are not recovered or
identified, are buried at sea, donated to science or whose cremated remains have been
scattered.
Memorial headstones and markers may also be furnished in national, military post/base or
state Veterans cemeteries to eligible spouses whose remains are unavailable for interment,
whether or not they predecease the eligible Veteran.
These headstones and markers bear an "In Memory of" inscription, as their first line and
must be placed in a recognized cemetery.
Memorial headstones and markers for spouses and other dependents are not available for
placement in private cemeteries.
VA Form 40-1330, Application for Standard Government Headstone or Marker, must be
submitted to request a memorial marker.
* NOTE: Link will take you outside the Department of Veterans Affairs web site.
Burial Flags:
(http://www.cem.va.gov/bbene/bflags.asp)
A United States flag is provided, at no cost, to drape the casket or accompany the urn of a
deceased Veteran who served honorably in the U. S. Armed Forces. It is furnished to honor
the memory of a Veteran’s military service to his or her country. VA will furnish a burial
flag for memorialization for each other than dishonorable discharged:
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Veteran who served during wartime
Veteran who died on active duty after May 27, 1941
Veteran who served after January 31, 1955
peacetime Veteran who was discharged or released before June 27, 1950
certain persons who served in the organized military forces of the Commonwealth
of the Philippines while in service of the U.S. Armed Forces and who died on or after
April 25, 1951
certain former members of the Selected Reserves
Who Is Eligible to Receive the Burial Flag?
Generally, the flag is given to the next-of-kin, as a keepsake, after its use during the funeral
service. When there is no next-of-kin, VA will furnish the flag to a friend making request for
it. For those VA national cemeteries with an Avenue of Flags, families of Veterans buried in
these national cemeteries may donate the burial flags of their loved ones to be flown on
patriotic holidays.
How Can You Apply?
You may apply for the flag by completing VA Form 21-2008, Application for United States
Flag for Burial Purposes. You may get a flag at any VA regional office or U.S. Post Office.
Generally, the funeral director will help you obtain the flag.
For More Information Call Toll-Free at 1-800-827-1000
Burial in a National Cemetery: (http://www.cem.va.gov/bbene_burial.asp)
Requests for burial in a Department of Veterans Affairs (VA) national cemetery cannot be
made via the Internet. The VA does not make funeral arrangements or perform cremations.
Families should make these arrangements with a funeral provider or cremation office. Any
item or service obtained from a funeral home or cremation office will be at the family’s
expense.
Burial benefits available include a gravesite in any of our 131 national cemeteries with
available space, opening and closing of the grave, perpetual care, at no cost to the family.
Some Veterans may also be eligible for Burial Allowances . Cremated remains are buried
or inurned in national cemeteries in the same manner and with the same honors as
casketed remains.
Burial benefits available for spouses and dependents buried in a national cemetery include
burial with the Veteran, perpetual care, and the spouse or dependents name and date of
birth and death will be inscribed on the Veteran's headstone, at no cost to the family.
Eligible spouses and dependents may be buried, even if they predecease the Veteran.
Preparing in Advance
Gravesites in Department of Veterans Affairs (VA) national cemeteries cannot be reserved
in advance.
You should advise your family of your wishes and where your discharge papers* are kept.
These papers are very important in establishing your eligibility. You may wish to make preneed arrangements with a funeral home.
At the time of need your family would contact a funeral home who will assist them with
making burial arrangements at the national cemetery.
To schedule a burial: Fax all discharge documentation to the National Cemetery Scheduling
Office at 1-866-900-6417 and follow-up with a phone call to 1-800-535-1117.
Persons Eligible for Burial in a National Cemetery
(http://www.cem.va.gov/cem/bbene/eligible.asp)
The National Cemetery Scheduling Office has the primary responsibility for verifying
eligibility for burial in VA national cemeteries. A determination of eligibility is usually
made in response to a request for burial in a VA national cemetery. To schedule a burial fax
all discharge documentation to 1-866-900-6417 and follow-up with a phone call to 1-800535-1117.
a. Veterans and Members of the Armed Forces (Army, Navy, Air Force, Marine Corps,
Coast Guard)
(1) Any member of the Armed Forces of the United States who dies on active duty.
(2) Any Veteran who was discharged under conditions other than dishonorable.
With certain exceptions, service beginning after September 7, 1980, as an enlisted person,
and service after October 16, 1981, as an officer, must be for a minimum of 24 continuous
months or the full period for which the person was called to active duty (as in the case of a
Reservist called to active duty for a limited duration). Undesirable, bad conduct, and any
other type of discharge other than honorable may or may not qualify the individual for
Veterans benefits, depending upon a determination made by a VA Regional Office. Cases
presenting multiple discharges of varying character are also referred for adjudication to a
VA Regional Office.
(3) Any citizen of the United States who, during any war in which the United States
has or may be engaged, served in the Armed Forces of any Government allied with the
United States during that war, whose last active service was terminated honorably by death
or otherwise, and who was a citizen of the United States at the time of entry into such
service and at the time of death.
b. Members of Reserve Components and Reserve Officers’ Training Corps
(1) Reservists and National Guard members who, at time of death, were entitled to
retired pay under Chapter 1223, title 10, United States Code, or would have been entitled,
but for being under the age of 60. Specific categories of individuals eligible for retired pay
are delineated in section 12731 of Chapter 1223, title 10, United States Code.
(2) Members of reserve components, and members of the Army National Guard or
the Air National Guard, who die while hospitalized or undergoing treatment at the expense
of the United States for injury or disease contracted or incurred under honorable
conditions while performing active duty for training or inactive duty training, or
undergoing such hospitalization or treatment.
(3) Members of the Reserve Officers’ Training Corps of the Army, Navy, or Air
Force who die under honorable conditions while attending an authorized training camp or
on an authorized cruise, while performing authorized travel to or from that camp or cruise,
or while hospitalized or undergoing treatment at the expense of the United States for injury
or disease contracted or incurred under honorable conditions while engaged in one of
those activities.
(4) Members of reserve components who, during a period of active duty for
training, were disabled or died from a disease or injury incurred or aggravated in line of
duty or, during a period of inactive duty training, were disabled or died from an injury or
certain cardiovascular disorders incurred or aggravated in line of duty.
c. Spouses and Dependents
(1) The spouse or surviving spouse of an eligible Veteran is eligible for interment in
a national cemetery even if that Veteran is not buried or memorialized in a national
cemetery. In addition, the spouse or surviving spouse of a member of the Armed Forces of
the United States whose remains are unavailable for burial is also eligible for burial.
(2) The surviving spouse of an eligible Veteran who had a subsequent remarriage
to a non-Veteran and whose death occurred on or after January 1, 2000, is eligible for
burial in a national cemetery, based on his or her marriage to the eligible Veteran.
(3) The minor children of an eligible Veteran. For purpose of burial in a national
cemetery, a minor child is a child who is unmarried and:
(a) Who is under 21 years of age; or,
(b) Who is under 23 years of age and pursuing a full-time course of
instruction at an approved educational institution.
(4) The unmarried adult child of an eligible Veteran. For purpose of burial in a
national cemetery, an unmarried adult child is:
Of any age but became permanently physically or mentally disabled and incapable
of self-support before reaching 21 years of age, or before reaching 23 years of age if
pursuing a full-time course of instruction at an approved educational institution.
Proper supporting documentation must be provided.
h. Parents
(1) Biological or adoptive parents, who died after October 13, 2010, and whose
biological or adoptive child was a servicemember:
(a) whose death occurred on or after October 7, 2001, and
(b) whose death was the result of a hostile casualty or a training-related
injury, and
(c) who is interred in a national cemetery, in a gravesite with available space
for subsequent interment, and
(d) at the time of the parent’s death, had no spouse, surviving spouse, or
child who is buried, or who, upon death, may be eligible for burial in a national cemetery.
(2) The term “hostile casualty” means a person who, as a member of the Armed
Forces, dies as the direct result of hostile action with the enemy, while in combat, while
going to or returning from a combat mission if the cause of death was directly related to
hostile action, or while hospitalized or undergoing treatment at the expense of the United
States for injury incurred during combat, and includes a person killed mistakenly or
accidentally by friendly fire directed at a hostile force or what is thought to be a hostile
force. The term “hostile casualty” does not include a person who dies due to the elements,
a self-inflicted wound, combat fatigue, or a friendly force while the person was absentwithout-leave, deserter, or dropped-from-rolls status or was voluntarily absent from a
place of duty.
(3) The term “training-related injury” means an injury incurred by a member of the
Armed Forces while performing authorized training activities in preparation for a combat
mission.
i. Others:
(1) Certain members of the National Oceanic and Atmospheric Administration,
Public Health Service, World War II Merchant Mariners, and the Philippine Armed Forces.
(2) Such other persons or classes of persons as designated by the Secretary of
Veterans Affairs (38 U.S.C. § 2402(6)) or the Secretary of Defense (Public Law 95-202, §
401, and 38 CFR § 3.7(x)).
Persons Not Eligible for Burial in a National Cemetery
a. Former Spouses
A former spouse of an eligible individual whose marriage to that individual has been
terminated by annulment or divorce, if not otherwise eligible.
b. Other Family Members
Family members of an eligible person except those defined as eligible in Section III,
paragraph g.
c. Disqualifying Characters of Discharge
A person whose only separation from the Armed Forces was under dishonorable
conditions or whose character of service results in a bar to Veterans benefits.
d. Discharge from Draft
A person who was ordered to report to an induction station, but was not actually inducted
into military service.
e. Persons Found Guilty of a Capital Crime
Under 38 U.S.C. § 2411, interment or memorialization in a VA national cemetery or in
Arlington National Cemetery is prohibited if a person is convicted of a Federal or State
capital crime, for which a sentence of imprisonment for life or the death penalty may be
imposed and the conviction is final. Federal officials may not inter in Veterans cemeteries
persons who are shown by clear and convincing evidence to have committed a Federal or
State capital crime but were unavailable for trial due to death or flight to avoid prosecution.
Federally funded State veterans cemeteries must also adhere to this law. This prohibition
is also extended to furnishing a Presidential Memorial Certificate, a burial flag, and a
headstone or marker.
f. Subversive Activities
Any person convicted of subversive activities after September 1, 1959, shall have no right
to burial in a national cemetery from and after the date of commission of such offense,
based on periods of active military service commencing before the date of the commission
of such offense, nor shall another person be entitled to burial on account of such an
individual. Eligibility will be reinstated if the President of the United States grants a
pardon.
g. Active or Inactive Duty for Training
A person whose only service is active duty for training or inactive duty training in the
National Guard or Reserve Component, unless the individual meets the eligibility criteria
listed in Section III.1.b. of this information sheet.
h. Other Groups
Members of groups whose service has been determined by the Secretary of the
Air Force under the provisions of Public Law 95-202 as not warranting entitlement to
benefits administered by the Secretary of Veterans Affairs.
View this document in its entirety.
VA-NCA-IS-1 Interments in VA National Cemeteries
Donating Burial Flags in National Cemeteries
Most of the Department of Veterans Affairs national cemeteries display an Avenue of Flags
on patriotic holidays and during special events. The Avenues consist of burial flags donated
by the families of deceased Veterans and provide a unique visible tribute to all of our
Nation's Veterans.
A Certificate of Appreciation is presented to the donor for providing their loved ones' burial
flag to a national cemetery.
Please contact the cemetery of your choice for information on how to donate a veteran's
burial flag.
Fort Sam Houston National Cemetery Military Honors:
The Fort Sam Houston National Cemetery Memorial Service Detachment (MSD) is available
Monday through Friday to provide military funeral honors for veterans. MSD teams are
volunteers. They compliment the services provided by the Department of Defense. They
ensure that all veterans are provided the rifle salute and taps. All military funeral honors
performed by the MSD are provided at no cost to the family. Contact the cemetery office for
scheduling information for the MSD.
Arlington National Cemetery: (http://www.arlingtoncemetery.mil/Default.aspx)
Eligibility for interment at Arlington National Cemetery is verified at the time of need (at
the time of death) and cannot be verified by the cemetery or accommodated before that
time. However, in accordance with the 1986 Title 32 Code of Federal Regulations Part 553,
section 15, the following individuals are eligible for interment (ground burial) at Arlington
National Cemetery:
a. Any active duty member of the Armed Forces (except those members serving on
active duty for training only).
b. Any retired member of the Armed Forces. A retired member of the Armed Forces, in
the context of this paragraph, is a retired member of the Army, Navy, Air Force,
Marine Corps, Coast Guard, or a Reserve component who has served on active duty
(other than for training), is carried on an official retired list, and is entitled to
receive retired pay stemming from service in the Armed Forces. If, at the time of
death, a retired member of the Armed Forces is not entitled to receive retired pay
stemming from his service in the Armed Forces until some future date, the retired
member will not be eligible for ground burial.
c. Any former member of the Armed Forces separated for physical disability prior to 1
October 1949 who has served on active duty (other than for training) and who
would have been eligible for retirement under the provisions of 10 United States
Code (U.S.C.) 1201 had that statute been in effect on the date of his separation.
d. Any former member of the Armed Forces whose last active duty (other than for
training) military service terminated honorably and who has been awarded one of
the following decorations:
1. Medal of Honor
2. Distinguished Service Cross (Air Force Cross or Navy Cross)
3. Distinguished Service Medal
4. Silver Star
5. Purple Heart
e. Persons who have held any of the following positions provided their last period of
active duty (other than for training) as a member of the Armed Forces terminated
honorably:
1. An elective office of the United States Government
2. Office of the Chief Justice of the United States or of an Associate Justice of the
Supreme Court of the United States
3. An office listed in 5 U.S.C. 5312 or 5 U.S.C. 5313
4. The Chief of a mission who was at any time during his/her tenure classified
in class I under the provisions of Section 411 of the Act of 13 August 1946, 60
Stat. 1002, as amended (22 U.S.C. 866, 1964 ed.)
f. Any former prisoner of war who, while a prisoner of war, served honorably in the
active military, naval, or air service, whose last period of active military, naval, or air
service terminated honorably and who died on or after November 30, 1993.
1. The term “former prisoner of war” means a person who, while serving in the
active military, naval, or air service, was forcibly detained or interned in line
of duty—
i. By an enemy government or its agents, or a hostile force, during a
period of war; or
ii. By a foreign government or its agents, or a hostile force, under
circumstances which the Secretary of Veterans Affairs finds to have
been comparable to the circumstances under which persons have
generally been forcibly detained or interned by enemy governments
during periods of war.
2. The term "active military, naval, or air service" includes active duty, any
period of active duty for training during which the individual concerned was
disabled or died from a disease or injury incurred or aggravated in line of
duty, and any period of inactive duty training during which the individual
concerned was disabled or died from an injury incurred or aggravated in line
of duty.
g. The spouse, widow or widower, minor child and, at the discretion of the Secretary of
the Army, unmarried adult child of any of the persons listed above.
1. The term “spouse” refers to a widow or widower of an eligible member,
including the widow or widower of a member of the Armed Forces who was
lost or buried at sea or officially determined to be permanently absent in a
status of missing or missing in action. A surviving spouse who has remarried
and whose remarriage is void, terminated by death, or dissolved by
annulment or divorce by a court with basic authority to render such decrees
regains eligibility for burial in Arlington National Cemetery unless it is
determined that the decree of annulment or divorce was secured through
fraud or collusion.
2. An unmarried adult child may be interred in the same gravesite in which the
parent has been or will be interred, provided that child was incapable of selfsupport up to the time of death because of physical or mental condition. At
the time of death of an adult child, a request for interment will be submitted
to the Executive Director, Army National Cemeteries Program, Arlington
National Cemetery. The request must be accompanied by a notarized
statement from an individual who has direct knowledge as to the marital
status, degree of dependency of the deceased child, the name of that child's
parent, and the military service upon which the burial is being requested. A
certificate of a physician who has attended the decedent as to the nature and
duration of the physical and/or mental disability must also accompany the
request for interment.
h. Widows or widowers of service members who are interred in Arlington National
Cemetery as part of a group burial may be interred/inurned in the cemetery, but not
in the same gravesite as the group burial.
i. The surviving spouse, minor child, and, at the discretion of the Secretary of the
Army, unmarried adult child of any person already buried in Arlington.
j. The parents of a minor child or unmarried adult child whose remains, based on the
eligibility of a parent, are already buried in Arlington National Cemetery.
Scheduling a Funeral Service
Upon the death of the veteran or veteran's spouse, the surviving spouse or personal
representative should contact a local funeral home to arrange for any desired services in
the hometown. The surviving spouse, personal representative, or the funeral director
should telephone the Arlington National Cemetery’s Customer Service Call Center at (877)
907-8585 to arrange for the interment/inurnment service.
An individual case number will be assigned and a cemetery representative will call the
point of contact to establish eligibility. Before scheduling the service, the cemetery staff will
need to determine the eligibility of the deceased in accordance with Arlington National
Cemetery interment eligibility criteria. Upon verification of eligibility, the cemetery staff
will reserve the necessary ceremonial resources and schedule the interment.
The cemetery staff needs documentation to show an unbroken chain of custody for the
remains of the deceased.
Any documents requested by the cemetery staff can be faxed to the cemetery at telephone
number (571) 256-3334 or emailed to anc.isb@conus.army.mil and must include the case
number provided by the Customer Service Call Center.
Burial Allowances:
VA burial allowances are partial reimbursements of an eligible Veteran's burial and funeral
costs. When the cause of death is not service related, the reimbursements are generally
described as two payments: (1) a burial and funeral expense allowance, and (2) a plot or
interment allowance.
Who Is Eligible?
You may be eligible for a VA burial allowance if:
 you paid for a Veteran's burial or funeral, AND
 you have not been reimbursed by another government agency or some other source,
such as the deceased veteran's employer, AND
 the Veteran was discharged under conditions other than dishonorable.
In addition, at least one of the following conditions must be met:
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the Veteran died because of a service-related disability, OR
the Veteran was receiving VA pension or compensation at the time of death, OR
the Veteran was entitled to receive VA pension or compensation, but decided not to
not to reduce his/her military retirement or disability pay, OR
the Veteran died while hospitalized by VA, or while receiving care under VA
contract at a non-VA facility, OR
the Veteran died while traveling under proper authorization and at VA expense to
or from a specified place for the purpose of examination, treatment, or care, OR
the Veteran had an original or reopened claim pending at the time of death and has
been found entitled to compensation or pension from a date prior to the date or
death, OR
the veteran died on or after October 9, 1996, while a patient at a VA-approved state
nursing home.
How Much Does VA Pay?
Service-Related Death. VA will pay up to $2,000 toward burial expenses for deaths on or
after September 11, 2001. VA will pay up to $1,500 for deaths prior to September 10, 2001.
If the Veteran is buried in a VA national cemetery, some or all of the cost of transporting the
deceased may be reimbursed.
Non-service-Related Death. For deaths on or after October 1, 2011, VA will pay up to $700
toward burial and funeral expenses (if hospitalized by VA at time of death), or $300 toward
burial and funeral expenses (if not hospitalized by VA at time of death), and a $700.00 plotinterment allowance (if not buried in a national cemetery). For deaths on or after
December 1, 2001, but before October 1, 2011, VA will pay up to $300 toward burial and
funeral expenses and a $300 plot-interment allowance. The plot interment allowance is
$150 for deaths prior to December 1, 2001. If the death happened while the Veteran was in
a VA hospital or under VA contracted nursing home care, some or all of the costs for
transporting the Veteran’s remains may be reimbursed. An annual increase in burial and
plot allowances, for deaths occurring after October 1, 2011, begins in fiscal year 2013
based on the Consumer Price Index for the preceding 12-month period.
How Can You Apply?
You can apply by filling out VA Form 21-530, Application for Burial Benefits. You should
attach a copy of the veteran’s military discharge document (DD 214 or equivalent), death
certificate, funeral and burial bills. They should show that you have paid them in full. You
may download the form at http://www.va.gov/vaforms/
Casket:
Some individuals are authorized a casket at Army expense. See Table 2-1 in chapter 2
of Army Regulation 638-2 - Care and Disposition of Remains and Disposition of
Personal Effects) for detailed information regarding who is eligible and under what
circumstances.
Burial Benefits for Women and Minority Veterans:
(http://www.cem.va.gov/Women_and_Minority_Veterans.asp)
For those who served in a branch of the military and were discharged under conditions
other than dishonorable you may be eligible for burial in a Department of Veterans Affairs
National Cemetery.
Female veterans married to a veteran are entitled to their own separate grave, headstone
or marker, burial flag and Presidential Memorial Certificate. However, they may choose to
be buried in the same gravesite as their spouse.
MONETARY BENEFITS THROUGH DOD OR VA
Chart Summarizing Benefits and Application Forms:
BENEFIT DESCRIPTION
APPLICATION FORMS
Dependency Indemnity
Compensation (DIC)
(Includes Spouse of National Guard
or Reserve Member)
VA Form 21-534
Death Pension
VA Form 21-534
Survivors' and Dependents'
Educational Assistance
(DEA)
VA Form 22-5490
Home Loan Guaranty
VA Form 26-1817
VA Form 10-10d
MEDICAL - CHAMPVA
VA Form 10-7959c
Request Copy of DD Form 214
Bereavement Counseling
Specialized Vocational Training
To Claim VA
Life Insurance
SGLI/VGLI Claims
VA Form 22-5490
Separate Claim Forms
are used for (SGLI/VGLI).
For all others, click here.
Financial Counseling Available
for SGLI/VGLI Beneficiaries
Burial Benefits a Spouse
Should Consider Upon
the Death of the Veteran
Separate Forms are
Available Through the
National Cemetery Administration
Web Site
Burial Flags
VA Form 21-2008
Related Benefits
TRICARE Dental Program
Social Security Administration
Civil Service Preference
Commissary and Exchange Privileges
Montgomery GI Bill Death Benefit
Death Gratuity
Military Records and Medals
Burial at Arlington National Cemetery
Internal Revenue Service information
Death Gratuity:
A lump sum gratuitous payment made by the military to designated beneficiaries of a
service member who dies on active duty including full-time active guard/reserve
personnel; USAR personnel traveling directly en route to or from or participating in
annual training (AT), active duty training (ADT), initial active duty training (IADT), active
duty for special work (ADSW), special active duty training (SADT) or inactive duty
training (IDT) and ARNG personnel traveling directly en route to or from or participating
in AT, ADT, full time national guard duty (FTNGD), temporary tour of active duty (TTAD),
IADT or IDT. The Soldier can designate up to ten individuals, without regard to
relationship, and allocate amounts in ten-percent increments to each designated
individual listed on the Soldier's DD Form 93.Its purpose is to help the survivors in their
readjustment and to aid them in meeting immediate expenses incurred. At the present
time, the amount of Death Gratuity is $100,000.00.
This amount is excludable from gross income for tax purposes. This change is retroactive
to October 7, 2001. If the Soldier did not designate any beneficiaries for the Death
Gratuity on the DD Form 93, then the death gratuity amount is made payable to survivors
of the deceased in this order:
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The member's lawful surviving spouse.
If there is no spouse, to the child or children of the member, regardless of age or
marital status, in equal shares.
If none of the above, to the parents, or brothers and/or sisters, or any
combination as designated by the deceased member.
Father or mother through adoption, in equal shares.
Any person who stood "in loco parentis" for not less than one year at any time
before the deceased member's entry into active service.
Brothers and sisters of half blood and those through adoption.
Surviving parents, in equal shares.
Surviving brothers and sisters, in equal shares
If a designated beneficiary dies before receiving the amount to which entitled, such
amount is then paid to the living survivor(s) first listed above.
If a Soldier dies from a Service-connected injury/illness, a claim should be made to the VA
for their Death Gratuity determination.
Dependency and Indemnity Compensation (DIC) :
What Is DIC?
DIC is a monthly benefit paid to eligible survivors of a
 military service member who died while on active duty, active duty for training,
or inactive duty training, OR
 veteran whose death resulted from a service-related injury or disease, OR
 veteran whose death resulted from a non service-related injury or disease, and
who was receiving, or was entitled to receive, VA Compensation for serviceconnected disability that was rated as totally disabling
 for at least 10 years immediately before death, OR
 since the veteran’s release from active duty and for at least five years
immediately preceding death, OR
 for at least one year before death if the veteran was a former prisoner of
war who died after September 30, 1999.
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retiree when:
o a disease or injury incurred or aggravated while on active duty or active
duty for training.
o An injury incurred or aggravated in the line of duty while on inactive
duty training.
o A disability otherwise compensable under laws administered by the VA.
o DIC payments may also be authorized for survivors of retirees who were
totally service-connected disabled at time of death but whose deaths
were not the result of their service-connected disability.
o The survivor qualifies if:
o The retiree was continuously rated totally disabled for a period of 10 or
more years immediately preceding death.
o The retiree was so rated for a period of not less than five years from the
date of discharge from military service.
o Payments under this provision are subject to offset by the amount
received from judicial proceedings brought on account of the retiree's
death.
Death cannot be the result of willful misconduct.
Who Is Eligible?
The surviving spouse if he or she:
 validly married the veteran before January 1, 1957, OR
 was married to a service member who died on active duty, active duty for
training, or inactive duty training, OR
 married the veteran within 15 years of discharge from the period of military
service in which the disease or injury that caused the veteran’s death began or
was aggravated, OR
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was married to the veteran for at least one year, OR
had a child with the veteran, AND
cohabited with the veteran continuously until the veteran’s death or, if separated,
was not at fault for the separation, AND
is not currently remarried.*
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Note: A surviving spouse who remarries on or after December 16, 2003, and on or
after attaining age 57, is entitled to continue to receive DIC.
Reinstatement of DIC Eligibility Based Upon Terminated Marital Relationships.
Remarriage of a surviving spouse does not bar the payment of DIC to the surviving
spouse if:
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The marriage was void, or annulled by a court having basic authority to render
annulment decrees.
On or after 1 January 1971, remarriage of a surviving spouse terminated prior
to 1 November 1990, or terminated by legal proceedings started prior to 1
November 1990, by the surviving spouse. The marriage had to be terminated
by death, or dissolved by a court with basic authority to render divorce decrees.
On or after 1 January 1971, the fact that a surviving spouse had lived with
another person and had held themselves out openly to the public as the spouse
of such other person, if the relationship terminated prior to 1 November 1990.
On or after 1 January 1971, the fact that DIC to a surviving spouse may
previously have been barred because his or her conduct or a relationship into
which he or she had entered had raised an inference or presumption that he or
she had remarried or had been determined to be open and notorious
adulterous cohabitation, or similar conduct, if the relationship terminated prior
to 1 November 1990.
The surviving child(ren), if he/she is:
 not included on the surviving spouse’s DIC
 unmarried AND
 under age 18, or between the ages of 18 and 23 and attending school.
Note: Certain helpless adult children are entitled to DIC. Call the toll-free number
below for the eligibility requirements.
The surviving parent(s) may be eligible for an income-based benefit also.
How Much Does VA Pay?
The basic monthly rate of DIC is $1,154 for an eligible surviving spouse. The rate is
increased for each dependent child, and also if the surviving spouse is housebound or
in need of aid and attendance. VA also adds a transitional benefit of $286 to the
surviving spouse’s monthly DIC if there are children under age 18. The amount is
based on a family unit, not individual children. The amount of the DIC payment for
parents vary according to the number of parents, the amount of their individual or
combined total annual income, and whether they live together or if remarried, living
with a spouse.
The surviving spouse and parents who receive DIC may be granted a special
allowance for aid and attendance if a patient is in a nursing home, disabled, or blind
and needs or requires the regular aid and attendance of another person. If they are
not so disabled as to require the regular aid and attendance of another person but
who, due to disability, are permanently housebound, they may be granted additional
special allowances. DIC payments to a surviving spouse are payable for life, as long as
the spouse does not remarry. Should the surviving spouse remarry, payments are
terminated for life unless the marriage is later terminated by death or divorce.
Benefit rate tables, including those for children alone and parents, can be found on the
Internet at http://www.vba.va.gov/bln/21/Rates or call the toll-free number below.
How Should a Claimant Apply?
Claimants should complete VA Form 21-534 Application for Dependency and
Indemnity Compensation, Death Pension and Accrued Benefits by a Surviving Spouse or
Child.
For More Information, Call Toll-Free 1-800-827-1000.
Denial of Claim for DIC. If the VA denies your claim for DIC benefits, you may file an
appeal with the Board of Veterans' Appeals. The appeal must be filed within one year
from the date of the notification of a VA decision to file an appeal. The first step in the
appeal process is for you to file a written notice of disagreement with the VA regional
office that made the decision. This is a written statement that you disagree with the
VA's decision. Following receipt of the written notice, the VA will furnish you a
"Statement of the Case" describing what facts, laws and regulations were used in
deciding the case. To complete the request for appeal, you must file a "Substantive
Appeal" within 60 days of the mailing of the Statement of Case, or within one year
from the date the VA mailed the its decision, whichever period ends later.
Death Pension:
Death Pension is a needs based benefit paid to an unremarried surviving spouse, or an
unmarried child of a deceased wartime veteran.
Eligibility
One may be eligible if:
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the deceased veteran was discharged from service under other than
dishonorable conditions, AND
the deceased veteran served at least 90 days of active military service 1 day of
which was during a war time period. If he or she entered active duty after
September 7, 1980, generally he or she must have served at least 24 months or the
full period for which called or ordered to active duty. (There are exceptions to this
rule.) AND
you are the surviving spouse or unmarried child of the deceased veteran,
AND
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your countable income is below a yearly limit set by law (The yearly limit on income
is set by Congress).
If you do not initially qualify, you may reapply if you have un-reimbursed medical expenses
during the twelve month period after VA receives your claim that bring your countable
income below the yearly income limit. (These are expense you have paid for medical
services or products for which you will not be reimbursed by Medicare or private medical
insurance.)
Are there age requirements, or restrictions?
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An unremarried spouse can be any age.
A child must be:
o under 18, or
o in school and under 23, or
o was incapable of self support before the age of 18.
What is "countable income" for pension eligibility?
This includes income received from most sources by the surviving spouse and any eligible
children. It includes earnings, disability and retirement payments, interest and dividends,
and net income from farming or business.
There is a presumption that all of a child's income is available to or for the surviving
spouse. VA may grant an exception in hardship cases.
Certain expenses like medical expenses may be excluded from your annual income to
lower the total countable income.
What about net worth?
Net worth means the net value of the assets of the surviving spouse and his or her
children. It includes such assets as bank accounts, stocks, bonds, mutual funds and any
property other than the surviving spouse's residence and a reasonable lot area. There is
no set limit on how much net worth a surviving spouse and his or her children can have,
but net worth cannot be excessive. The decision as to whether a claimant's net worth is
excessive depends on the facts of each individual case. All net worth should be reported
and VA will determine if a claimant's assets are sufficiently large that the claimant could
live off these assets for a reasonable period of time. VA's needs-based programs are not
intended to protect substantial assets or build up an estate for the benefit of heirs.
Are there any exclusions to income or deductions that may be made to reduce
countable income?
Yes, there are exclusions. The following are examples of the types of exclusions or
deductibles to countable income:
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Final expenses of the veteran's last illness and burial paid by the surviving spouse or
eligible children.
Public assistance such as Supplemental Security Income is not considered income.
Many other specific sources of income are not considered income, however all
income should be reported. VA will exclude any income that the law allows.
A portion of un-reimbursed medical expenses paid by the claimant after VA receives
your pension claim may be deducted.
Certain other expenses, such as a surviving spouse's education expenses, and in
some cases, a portion of the educational expenses of a child over 18 are deductible.
What are Aid and Attendance and Housebound benefits? How Do I Apply?
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Aid and Attendance is a benefit paid in addition to monthly pension when:
o The claimant requires the aid of another person in order to perform personal
functions required in everyday living, such as bathing, feeding, dressing,
attending to the wants of nature, adjusting prosthetic devices, or protecting
himself/herself from the hazards of his/her daily environment, OR,
o The claimant is bedridden, in that his/her disability or disabilities requires
that he/she remain in bed apart from any prescribed course of convalescence
or treatment, OR,
o The claimant is a patient in a nursing home due to mental or physical
incapacity, OR,
o The claimant is blind or so nearly blind as to have corrected visual acuity of
5/200 or less, in both eyes, or concentric contraction of the visual field to 5
degrees or less.
Housebound is paid to a claimant when:
o The claimant is substantially confined to his/her immediate premises
because of permanent disability.
The survivor may not receive Aid and Attendance benefits and Housebound benefits at the
same time.
How to Apply for Aid and Attendance and Housebound:

You may apply for Aid and Attendance or Housebound benefits by writing to the VA
regional office having jurisdiction of the claim. That would be the office where
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you filed a claim for pension benefits. If the regional office of jurisdiction is not
known, you may file the request with any VA regional office.
You should include copies of any evidence, preferably a report from an attending
physician validating the need for Aid and Attendance or Housebound type care.
The report should be in sufficient detail to determine whether there is disease or
injury producing physical or mental impairment, loss of coordination, or conditions
affecting the ability to dress and undress, to feed oneself, to attend to sanitary needs,
and to keep oneself ordinarily clean and presentable.
In addition, it is necessary to determine whether the claimant is confined to the
home or immediate premises.
Whether the claim is for Aid and Attendance or Housebound, the report should
indicate how well the individual gets around, where the individual goes, and
what he or she is able to do during a typical day.
How much does VA pay for Death Pension?
VA pays you the difference between your countable income and an annual rate of payment
established by Congress. VA provides an on-line table at
http://www.vba.va.gov/bln/21/rates/pen02.htm of annual incomes that would qualify
you for pension. This difference is generally paid in 12 equal monthly payments rounded
down to the nearest dollar. Click here to see an example of how VA arrives at your death
pension amount.
How do I apply for Death Pension benefits?
You can apply by filling out VA Form 21-534, Application for Dependency and Indemnity
Compensation, Death Pension and Accrued Benefits by Surviving Spouse or Child (PDF
version). Make sure you download parts 1 and 2 of the application as well as the
instructions for filling out the forms. If available, attach copies of dependency records
(marriage & children's birth certificates).
You must send the completed application and any copies of other documents to the VA
regional office that serves your area of residence. Please click here to find the office of
jurisdiction.
Montgomery GI Bill MGIB Death Benefit:
Active Duty
The Department of Veterans Affairs (DVA) (VA) will pay a special Montgomery GI Bill death
benefit to a designated survivor in the event of the service-connected death of an individual
while on active duty. The deceased must either have been entitled to educational assistance
under the Montgomery GI Bill program or a participant in the program who would have
been so entitled but for the high school diploma or length of service requirement. The
amount paid will be equal to the deceased member's actual military pay reduction less any
educational benefits paid. If you are eligible to receive the death benefit, submit a letter,
along with proof of relationship and a copy of the DD Form 1300, Report of Casualty, to the
appropriate VA Regional Office listed below. The death benefit is made in "by-law" fashion
to the spouse, children, and parents, and will not be paid to anyone else in the "by-law"
chain.
Retiree - (Veterans Educational Assistance Program (VEAP) and Montgomery GI Bill
Refunds)
If the service member contributed to either of these programs you may be entitled to a
death refund. To receive the refund, submit a letter, along with proof of relationship and a
copy of the death certificate, or DD Form 1300, Report of Casualty, for retiree deaths
occurring within 120 days after retiring, to the appropriate VA Regional Office listed below.
The refund is made in "by-law" fashion to the spouse, children, and parents, and will not be
paid to anyone else in the "by-law" chain.
Insurance Navigation Page
(https://www.hrc.army.mil/TAGD/Insurance%20Navigation%20Page)
VA has responsibility for veterans' and service members' life insurance programs. Listed
below are the six life insurance programs managed by VA. The first four programs listed
are closed to new issues. The last two are still issuing new policies. Click on any program
title for a brief background description.
Veterans
Insured
Years
Issued
United States Government Life Insurance
WWI
1919 to 1951
National Service Life Insurance
WWII
1940 to 1951
Veterans' Special Life Insurance
Korean War
1951 to 1956
Veterans' Reopened Insurance
Disabled
WWII
and Korean
War
1965 to 1966
Insurance Program
Service-Disabled Veterans Insurance
Disabled
1951 to
Present
Veterans' Mortgage Life Insurance
Severely
Disabled
1971 to
Present
Filing a Death Claim with VA other than SGLI/VGLI:
http://www.insurance.va.gov/gli/claims/death.htm
SGLI/VGLI site: http://www.insurance.va.gov/sgliSite/default.htm
Reserve Component Survivor Benefit Plan RCSBP:
Active Duty
A monthly annuity paid by the Army to the surviving spouse or, in some cases, eligible
children, of a Reserve Component member who dies and has completed the satisfactory
years of service that qualified the member for retired pay at age 60. The member must have
made an election within 90 days of notification of eligibility to participate in the program.
Members on an active guard/reserve (AGR) tour, are eligible to participate in the plan.
Coverage is not automatic unless the member dies before the 90 day period established by
law. The initial annuity paid to a surviving spouse is equal to 55 percent of the retired pay
to which the member would have been entitled at age 60, reduced by the Reserve Portion
Cost.
Retiree
A monthly annuity paid to the surviving spouse or, in some cases, eligible children, of a
Reserve Component member who dies and has completed the satisfactory years of service
that qualified the member for retired pay at age 60. The program allows Reserve
Component personnel eligible for retired pay at age 60 to participate upon completion of
the satisfactory years of service. The member eligible for retired pay at age 60 designates
the beneficiaries. The beneficiary choices are the same as for SBP. Participation in the
program is voluntary. The three options available to the member at time of election are:
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Option A - Member declines to make an election until age 60. If death occurs prior to
age 60, no annuity is payable.
Option B - Provides for coverage for an annuity to begin on the 60th anniversary of
member's birth, if death occurs before age 60, or to begin immediately when death
occurs after age 60.
Option C - Provides for coverage for an annuity to begin immediately, whether death
occurs before or after age 60.
A Reserve Component member eligible for retired pay under Title 10, United States Code,
Section 12731, may also have survivor benefit coverage under his/her civil service
retirement income. There is no conflict of interest which would prohibit simultaneous
coverage.
Survivor Benefit Plan for Survivors of Soldiers Who Die on Active Duty:
Active Duty
Section 645 of the National Defense Authorization Act for Fiscal Year 2004 expanded
Section 1448(d), Title 10, United States Code (USC), to provide a Survivor Benefit Plan
(SBP) annuity for the surviving dependent children of a member who dies while on active
duty but is not yet eligible for retirement, instead of the surviving spouse provided the
Secretary concerned, in consultation with the surviving spouse, determines such an
annuity is appropriate.
For active duty deaths occurring on or after November 24, 2003, Public Law 108-136
changed Title 10 of United States Code to reflect the following Survivor Benefit Plan
eligibility:
1. Spouse.
2. Former Spouse if court ordered.
3. Child only when there is no surviving spouse, or if the spouse requests the Service
Secretary to make a Child only election.
4. Insurable Interest when there is no qualified survivor under Section 1448d, Title 10,
United States Code, the Service Secretary can deem an election for a survivor who
meets the dependent eligibility criteria of Section 1072(2), Title 10, United States
Code.
The Casualty Assistance Officer (CAO) will make arrangements for a Retirement Services
Officer to provide a complete briefing as to eligible surviving family members.
Retiree
A monthly annuity paid by the Army. This program allowed personnel who retired on or
after September 21, 1972, or before if they enrolled in the program during an open season,
to receive reduced retired pay in order to provide a monthly annuity to their beneficiaries
after the death of the retiree. The retiree designated the beneficiaries. Participation in this
program was voluntary. SBP provides an eligible surviving spouse or former spouse
financial security similar to the financial security a retiree had in retired pay--a cost-ofliving-adjusted monthly income for life.
Survivor Benefit Plan and Reserve Component SBP Factors:
Active Duty
Should the surviving spouse remarry before age 55, the annuity is paid in equal shares to
eligible children under age 18, or under age 22 if a full-time student, unless handicapped.
The coverage stops when there are no eligible children. A dependent child may be an
adopted child, stepchild, grandchild, foster child, or recognized natural child who lived with
the member in a regular parent-child relationship. A child fully disabled before age 18, or
before age 22 if a full-time student when the disability occurred, is an eligible beneficiary
so long as the disability exists and the child remains incapable of self-support. The Defense
Finance and Accounting Service (DFAS-DE) reinstates a child's annuity when a child
between the ages of 18 and 22 reenters school on a full-time basis. Marriage at any age
terminates a child's eligibility. The monthly annuity for children is 55 percent and is not
reduced by DIC.
Tax Implications. Survivor annuities are taxable income. You will receive a tax statement
from DFAS-DE at the end of the year. The statement will show the full amount of the
annuity payments you received and the total amount of tax withheld during the year.
Unless you elect otherwise, the amount of federal income tax withheld (FITW) will be as if
you were a married individual claiming three exemptions. If you want your FITW changed
at a later date, you must complete a new TD-Form W-4P, Withholding Certificate for
Pension or Annuity Payments, showing the changes, and mail it to DFAS-DE/FRB, 6760 E.
Irvington Place, Denver CO 80279-6000. DFAS-DE withholds a 30 percent Federal income
tax on annuities paid to nonresident aliens unless the beneficiary resides in a country that
has a tax treaty with the United States specifying a different withholding rate. Address
questions to the Internal Revenue Service, Assistant Commissioner (International), ATTN:
IN:C:TPS, 950 L'Enfant Plaza South, SW, Washington DC 20024-2123, or contact the nearest
American Embassy. Annuities may be subject to Federal estate taxes. Beneficiaries should
address tax questions to a legal assistance officer or the nearest Internal Revenue Service
office. A certificate of continued eligibility form will be sent to you each year prior to your
birthday. Complete and return the form promptly so DFAS-DE can continue your annuity
without interruption. Read the instructions on the form and make sure you have completed
it correctly. Sign and date the form and send it to DFAS-DE/FRB, 6760 E. Irvington Place,
Denver CO 80279-6000.
Dependency and Indemnity Compensation (DIC) Offset. DFAS-DE reduces a surviving
spouse's annuity by the amount of DIC the Department of Veterans Affairs (VA) awards and
pays the surviving spouse. The SBP annuity is not reduced by the amount of a child's DIC
entitlement.
The claim forms required to apply for this benefit are DD Form 1884, Application for
Annuity Under the Retired Serviceman's Family Protection Plan (RSFPP) and/or Survivor
Benefit Plan (SBP), TD-Form W-4P, Withholding Certificate for Pension or Annuity
Payments, and SF 1199A, Direct Deposit Sign-Up Form. DFAS-DE may require additional
documents in order to establish an annuity (i.e., Representative Payee documentation;
school certification; physician's statement for disabled child over age 18).
Retiree
If the retiree elected to participate in SBP or RCSBP, they selected one of the election
choices listed below:
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Spouse: To receive SBP annuity, a surviving spouse must have been married to the
retiree on the date they retired and the date the retiree died. If the marriage took
place after the date of retirement, the spouse must have been married to the retiree
for at least 1 year or be the parent of a child of the marriage. The annuity is paid
until the spouse dies, but is suspended upon remarriage before age 55. The annuity
to a surviving spouse may be reinstated if the subsequent marriage ends in death or
divorce. The annuitant must send a certified copy of the divorce decree or death
certificate to the Defense Finance and Accounting Service-Denver (DFAS-DE) to
reinstate the annuity. If a second SBP benefit results from the remarriage, the
surviving spouse must elect which of the two SBP benefits to receive. Should the
surviving spouse remarry at age 55 or older, the annuitant will continue to receive
the monthly annuity. The surviving spouse must notify DFAS-DE (DFAS-DE/FRB,
6760 East Irvington Place, Denver, CO 80279-6000) of any changes in marital status.
Spouse and Child: The spouse is the primary beneficiary. Should the surviving
spouse remarry before age 55, the annuity is paid in equal shares to eligible children
under age 18, or under age 22 if a full-time student, unless handicapped. The
coverage stops when there are no eligible children. A dependent child may be an
adopted child, stepchild, grandchild, foster child, or recognized natural child who
lived with the member in a regular parent-child relationship. A child the retiree
acquires after retirement is automatically covered if the member previously elected
child coverage. A child disabled before age 18, or before age 22 if a full-time student
when the disability occurred, is an eligible beneficiary so long as the disability exists
and the child remains incapable of self-support. The monthly annuity for children is
55 percent and is not reduced by Dependency and Indemnity Compensation (DIC).
{C}DFAS-DE reinstates a child's annuity when a child between the ages of 18 and 22
reenters school on a full-time basis.
Child: Covers only the retiree's dependent children as stated in Air Force Instruction
36-3002, paragraph 23.1.2.
Former Spouse. A former spouse election bars payment of an annuity to a surviving
spouse. This option covers a former spouse if the retiree was required by court
order, or spousal agreement, to provide an annuity to that former spouse, or if the
retiree had elected to provide such an annuity. DFAS-DE pays the annuity to the
former spouse the retiree named as beneficiary who was the member's former
spouse at retirement, the member's spouse beneficiary at retirement but divorced
from the member after retirement, or married to the member after retirement for at
least 1 year before the divorce, or is the parent of a child born of the marriage. A
surviving former spouse may remarry after age 55 and continue to receive the
monthly annuity for life. If the former spouse remarries before age 55, the annuity is
suspended, but may be reinstated if the subsequent marriage ends in divorce or
death. The annuitant must send a certified copy of the divorce decree or death
certificate to DFAS-DE to reinstate the annuity. The former spouse must notify
DFAS-DE (DFAS-DE/FRB, 6760 E. Irvington Place, Denver, CO 80279-6000) of any
changes in marital status. If a second SBP benefit results from the remarriage, the
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surviving former spouse must elect which of the two SBP benefits to receive.
Former Spouse and Child. When a retiree elected former spouse and child coverage,
only eligible children resulting from the marriage of the retiree and former spouse
are eligible beneficiaries. The former spouse is the primary beneficiary. Should the
surviving former spouse remarry before age 55, the annuity is paid in equal shares
to eligible children under age 18, or under age 22 if a full-time student, unless
handicapped. The coverage stops when there are no eligible children. A dependent
child may be an adopted child, stepchild, grandchild, foster child, or recognized
natural child who lived with the member in a regular parent-child relationship. A
child disabled before age 18, or before age 22 if a full-time student when the
disability occurred, is an eligible beneficiary so long as the disability exists and the
child remains incapable of self-support. DFAS-DE reinstates a child's annuity when a
child between the ages of 18 and 22 reenters school on a full-time basis. Marriage at
any age terminates a child's eligibility.
Insurable Interest. A person who stands to gain some financial benefit or advantage
from the continuance of the retiree's life. If the retiree was not married and had no
children at the time of retirement, they could have elected coverage for an
"insurable interest" person. This had to be a natural person (not a company,
organization, fraternity, etc.) with a financial interest in the retiree's life. It could be
a close relative or a business partner. If the retiree was not married and had only
one child, they could elect insurable interest coverage for that child regardless of the
child's age or dependency status.
Level of Coverage. The SBP annuity a surviving spouse, former spouse, or children
receives depends on the amount of retired pay (base amount) selected by the retiree
as the basis for coverage. The base amount selected could be the retiree's full
monthly retired pay or just a portion, down to a minimum of {C}$300. The base
amount for SSBP or insurable interest coverage is the retiree's gross retired pay.
The value of the annuity increases by cost of living adjustments, keeping up with the
effects of inflation. Payments begin the day after the retiree's death and stop on the
last day of the month before the month that a survivor's eligibility ends.
Computations for Spouse and Former Spouse Annuity: DFAS-DE computes spouse
and former spouse annuities under a two-tier system. The annuity is 55 percent of
the base amount if the annuitant is under age 62 and later reduced to 35 percent on
the 1st day of the month after the spouse or former spouse turns age 62 The annuity
for a former spouse whose divorce was finalized before 30 November 1989 is not
reduced at age 62, if the member was retired or retirement eligible on or before 1
October 1985. If the member retired or was retirement eligible on or after 2 October
1985, DFAS-DE computes the annuity for the surviving spouse or former spouse
beneficiary, if divorced after 30 November 1989, under both the two-tier system
and the Social Security offset system. The beneficiary receives an annuity from
whichever system pays the greater benefit:
Under the Social Security Offset System, the SBP annuity is reduced by the amount
of Social Security the survivor would be entitled to receive based solely on the
retiree's military service performed after 1956. The offset may not exceed 40
percent of the value of the SBP
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The two-tier system affects all retirees initially becoming participants in the SBP on
or after 2 October 1985, and applies only to spouse and former spouse annuity
payments.
Tax Implications. Survivor annuities and any cost refunds are taxable income. You
will receive a tax statement from DFAS-DE at the end of the year. The statement will
show the full amount of the annuity payments you received and the total amount of
tax withheld during the year.
Unless you elect otherwise, the amount of federal income tax withheld (FITW) will
be as if you were a married individual claiming three exemptions. If you want your
FITW changed at a later date, you must complete a new TD-Form W-4P,
Withholding Certificate for Pension or Annuity Payments, showing the changes, and
mail it to DFAS-DE/FRB, 6760 East Irvington Place, Denver, CO 80279-6000.
DFAS-DE withholds a 30 percent Federal income tax on annuities paid to
nonresident aliens unless the beneficiary resides in a country that has a tax treaty
with the United States specifying a different withholding rate. Address questions to
the Internal Revenue Service, Assistant Commissioner (International), ATTN:
IN:C:TPS, 950 L'Enfant Plaza South, SW, Washington, DC 20024-2123, or contact the
nearest American Embassy.
Annuities may be subject to Federal estate taxes. Beneficiaries should address tax
questions to a legal assistance officer or the nearest Internal Revenue Service office.
A certificate of continued eligibility (COE) form will be sent to you each year prior to
your birthday. Complete and return the form promptly so DFAS-DE can continue
your annuity without interruption. Read the instructions on the form and make sure
you have completed it correctly. Sign and date the form and send it to DFASDE/FRB, 6760 East Irvington Place, Denver, CO 80279-6000.
DIC Offset. DFAS-DE reduces a spouse's annuity by the amount of DIC the VA awards
and pays the spouse based on the service-connected death of the retiree who
provided the SBP. If the DIC exceeds the SBP amount, the spouse will receive all SBP
premiums paid by the retiree. If the SBP annuity exceeds the DIC payment, the
spouse will receive only the amount of SBP premiums paid for the portion of the
SBP that is replaced by DIC. DFAS-DE does not reduce the spouse's SBP annuity if
the spouse's DIC derives from the service of another member:
o A spouse over age 55 who forfeits DIC by remarrying before age 57 may have
the SBP reinstated by repaying the costs that DFAS-DE refunded when the
DIC was awarded. The reinstated SBP annuity is effective on the date the DIC
expires. The survivor may repay the premiums in a lump sum or
installments. DFAS-DE deducts installment payments from the SBP annuity.
o DIC does not offset an SSBP annuity.
o The SBP annuity is not reduced by the amount of a child's DIC entitlement.
Civil Service Employees. A member who retired from Civil Service and waived their
military retired pay to combine civilian and military service credits could not
participate in both SBP and the Civil Service survivor annuity program. The member
had to decline the Civil Service survivor coverage and continue in the SBP, or
participate in the Civil Service survivor program at any level and have SBP coverage
suspended. If the waiver of military retired pay was terminated for any reason, SBP
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coverage was resumed when the member began to receive retired pay again.
An SBP participant who did not waive military retired pay on retirement from Civil
Service had to continue SBP participation. The member could also elect coverage
under the Civil Service annuity plan and a survivor could receive annuities from
both plans. If the retiree participated in the SBP, the claim forms required to apply
for this benefit are DD Form 1884, Application for Annuity Under the Retired
Serviceman's Family Protection Plan (RSFPP) and/or Survivor Benefit Plan (SBP),
TD Form W-4P, Withholding Certificate for Pension or Annuity Payments, and SF
1199A, Direct Deposit Sign-Up Form, or FMS Form 2231, FAST START DIRECT
DEPOSIT. DFAS-DE may require additional documents in order to establish an
annuity (i.e., Representative Payee documentation; school certification; physician's
statement for disabled Veteran.
Special Notes on Definitions Applicable to Certain VA Benefits:
Parent
Parents who are dependent on a veteran with a service-connected disability, or whose
child died in-service or from a service-connected disability, may be entitled as dependents
on the veterans compensation award or to Dependency and Indemnity Compensation (DIC)
if they are in financial need. Parents may be biological, step, adopted, or in loco parentis.
Eligibility criteria, see 38 CFR §§3.5 Dependency and Indemnity Compensation (DIC), 3.59
(Parent), or 3.209 (Birth).
Rates, see Compensation and Parents Dependency and Indemnity Compensation (DIC) Rate
Tables.
§3.59 Parent”
(a) The term “parent” means a natural mother or father (including the mother of an
illegitimate child or the father of an illegitimate child if the usual family relationship
existed), mother or father through adoption, or a person who for a period of not less than 1
year stood in the relationship of a parent to a veteran at any time before his or her entry
into active service.
(b) Foster relationship must have begun prior to the veteran’s 21st birthday. Not
more than one father and one mother, as defined, will be recognized in any case. If two
persons stood in the relationship of father or mother for 1 year or more, the person who
last stood in such relationship before the veteran’s last entry into active service will be
recognized as the “parent.” (Authority: 38 U.S.C. 101(5))
Rate Table: http://www.vba.va.gov/bln/21/Rates/comp04.htm
§3.58 Child adopted out of family:
A child of a veteran adopted out of the family of the veteran either prior or
subsequent to the veteran’s death is nevertheless a “child” within the meaning of that term
as defined by §3.57 and is eligible for benefits payable under all laws administered by the
Department of Veterans Affairs.
Basic Allowance for Housing (BAH):
Eligible family members occupying government housing on the date the member dies may
continue to occupy such housing without charge for a period of 365 days provided
member's death was in the line-of-duty. If they vacate the government housing before the
365 days are up, the Basic Allowance for Housing (BAH) is paid for the remaining unused
days. If the family members are not occupying government housing, they may receive BAH
or an overseas housing allowance for 365 days after the member's death. Your Casualty
Assistance Officer will explain this entitlement to you and help you complete the required
claim form.
Social Security Administration Lump Sum Payment:
https://www.hrc.army.mil/TAGD/Social%20Security%20Administration%20Lump%20Su
m%20Payment
Active Duty
The Social Security Administration pays a lump sum death payment, up to $255, to the
surviving spouse living with the member at the time of death. Separation because of
military service, is considered living together. If there is no surviving spouse, it is paid to
the oldest child who was eligible for or entitled to Social Security benefits for the month of
death, based upon the deceased member's earnings. To receive this benefit, eligible
survivors must make application through the nearest Social Security office.
Retiree
The Social Security Administration pays a lump sum death payment, up to $255, to the
surviving spouse living with the member at the time of death. If there is no surviving
spouse, it is paid to the oldest child who was eligible for or entitled to Social Security
benefits for the month of death, based upon the deceased member's earnings. No other
survivors are entitled to this benefit. To receive this benefit, eligible survivors must make
application through the nearest Social Security office. They will explain the benefit,
determine your eligibility, the amount that can be paid, and help you complete the required
claim forms.
Social Security Administration Monthly Payments:
https://www.hrc.army.mil/TAGD/Social%20Security%20Administration%20Monthly%20
Payments
Active Duty
Social Security monthly benefits are paid to a spouse or a divorced spouse, age 60 or over; a
spouse or divorced spouse regardless of age with children of the decedent under age 16 or
disabled in their care and meeting social security requirements. A divorced spouse must
have been married to the service member at least 10 years. Monthly payments are also
paid to children until age 18 or 19 if a full-time student at a primary or secondary school, or
age 18 or older and disabled before age 18. Spouses waiting until age 65 to apply for Social
Security receive maximum benefits. However, they can receive reduced Social Security
payments between ages 60 and 65. Dependent parents are eligible for benefits at age 62 if
they were more than 50 percent dependent on the deceased service member for their
support. The amount paid can only be determined by the Social Security Administration,
which has a record of the wages earned by the member during the period of both military
and civilian employment under the Social Security Program. To receive this benefit, eligible
survivors should make application through the nearest Social Security office. They will
explain the benefit, determine your eligibility, the amounts that can be paid, and help you
complete the required claim forms. You should apply early, as the law generally permits
retroactive payments of 12 months.
Retiree
Social Security monthly benefits are paid to a spouse or a divorced spouse, age 60 or over; a
spouse or divorced spouse regardless of age with children of the decedent under age 16 or
disabled in their care and meeting social security requirements. A divorced spouse must
have been married to the service member at least 10 years. Monthly payments are also
paid to children under age 18, or under age 19, if a full-time student at a primary or
secondary school, or age 18 or older and disabled before age 18. Spouses waiting until age
65 to apply for Social Security receive maximum benefits. However, they can receive
reduced Social Security payments between ages 60 and 65. Dependent parents are eligible
for benefits at age 62 if they were more than 50 percent dependent on the deceased service
member for their support. The amount paid can only be determined by the Social Security
Administration, which has a record of the wages earned by the member during the period
of both military and civilian employment under the Social Security Program. To receive this
benefit, eligible survivors should make application through the nearest Social Security
office. They will explain the benefit, determine your eligibility, the amounts that can be
paid, and help you complete the required claim forms. You should apply early, as the law
generally permits retroactive payments of 12 months.
Unpaid Pay and Allowances UPPA:
(https://www.hrc.army.mil/TAGD/Unpaid%20Pay%20and%20Allowances%20UPPA)
Active Duty
Upon death of an active duty member, any pay and allowances due, but not paid to the
member, are paid to the designated beneficiary named on the member's DD Form 93 Record of Emergency Data. Unpaid pay and allowances may include unpaid basic pay,
payment for up to 60 days of accrued leave, amounts due for travel, per diem expenses,
transportation of eligible family members, shipment of household goods, and unpaid
installments of variable reenlistment bonuses. The decedent's pay record is completely
audited by the Defense Finance and Accounting Service-Denver (DFAS-DE) and a check for
any amount due is issued to the designated beneficiary. When there is no written
designation by the member, any money due is paid to the first eligible recipient in the
following order:
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The member's lawful surviving spouse.
If there is no spouse, to the child or children of the member and descendants of
deceased children, on their behalf.
If none of the above, to the parents of the member in equal shares or to the surviving
parent.
If none of the above, to the duly appointed legal representative of the member's
estate.
If none of the above, to the person (s) determined to be entitled under the laws of
the state in which the member was domiciled.
The claim form required to apply for this benefit is SF 1174 - Claim for Unpaid
Compensation of Deceased Member of the Uniformed Services.
Retiree
The retirement pay of an Army member stops on the first day of the month in which the
retiree dies. Unpaid pay and allowances is a lump sum the Army pays the beneficiary the
retiree names. It includes all pay due the retiree but unpaid at the time of death. Normally,
this amounts to the retirement pay from the first day of the month of death through the
date of death. Retirement pay deposited in the retiree's account after the retiree's death
will automatically be recouped by the Defense Finance and Accounting Service-Cleveland
(DFAS-CL) and reissued to the beneficiary for the correct amount. When the beneficiary
designated by the retiree is deceased, or when the member elects "order of precedence,"
any money due is paid to the first eligible recipient in the following order:
1. The member's lawful surviving spouse.
2. If there is no spouse, to the child or children of the member and descendants of
deceased children, on their behalf.
3. If none of the above, to the parents of the member in equal shares or to the surviving
parent.
4. If none of the above, to the duly appointed legal representative of the member's
estate.
5. If none of the above, to the person (s) determined to be entitled under the laws of
the state in which the member was domiciled.
The claim form required to apply for this benefit is SF 1174 - Claim for Unpaid
Compensation of Deceased Member of the Uniformed Services.
ADDITIONAL POTENTIAL SURVIVOR BENEFITS
Uniformed Services Identification and Privilege Card ID Card:
(https://www.hrc.army.mil/TAGD/Uniformed%20Services%20Identification%20and%20
Privilege%20Card%20ID%20Card )
Active Duty
The ID card is used as a means of identification to determine eligibility for the following
benefits and privileges: health benefits in Uniformed Services facilities and from civilian
sources, commissary and post exchange privileges, and admission to morale, welfare, and
recreation activities, which include military theaters. Each card shows the benefits and
privileges authorized for the holder and allows them the use of these benefits and
privileges at Uniformed Services installations where adequate services and facilities are
available. This is the same type of card you may now have. If this card was issued while the
deceased Service member was living, it is no longer valid. You must apply for a new card to
show that you are an eligible family member of a deceased Service member rather than of
an active duty Service member. Complete a DD Form 1172, Application for Uniformed
Services Identification Card/Defense Enrollment Eligibility Reporting System (DEERS), to
obtain your new ID Card. The card is issued to all eligible surviving family members 10
years of age or over who are eligible for one or more of the Service benefits and privileges
mentioned in this pamphlet. Children under 10 years of age may be identified by the card
issued to the surviving spouse. If the surviving spouse is deceased or not entitled, the child
under age 10 may be issued a separate card.
Retiree
The ID card is used as a means of identification to determine eligibility for the following
benefits and privileges: health benefits in Uniformed Services facilities and from civilian
sources, commissary and base exchange privileges, and admission to morale, welfare, and
recreation activities, which includes military theaters. Each card shows the benefits and
privileges authorized for the holder and allows them the use of these benefits and
privileges at Uniformed Services installations where adequate services and facilities are
available. This is the same type card you may now have. On the death of a retired member,
the ID card held by their dependents must be canceled and a new ID card issued. Complete
a DD Form 1172, Application for Uniformed Services Identification Card/Defense
Enrollment Eligibility Reporting System (DEERS), to obtain your new ID Card. The card is
issued to all eligible surviving family members 10 years of age or over who are eligible for
one or more of the Service benefits and privileges mentioned in this pamphlet. Children
under 10 years of age may be identified by the card issued to the surviving spouse. If the
surviving spouse is deceased or not entitled, the child under age 10 may be issued a
separate card.
Department of Labor Services to Military Spouses;
The Department of Labor’s Employment and Training Administration offers a host of
services to military spouses through its extensive network of One-Stop Career Centers and
the CareerOneStop Electronic Tools that are broadly available to the general population.
DoL provides many of the same benefits to survivors of deceased veterans ("Eligible
persons", 38 USC, Part III, Chapter 41, Sec. 4101 (5)) as to the returning veterans.
One-Stop Career Centers are the focal point of the workforce investment system,
supporting the employment needs of job seekers and the human resource needs of
business. The range of services for job seekers includes skill and need assessments, job
counseling, local labor market information on high-growth occupations, job
training/retraining and placement, and other services provided through strategic
partnerships with organizations in their community.
In addition, a number of military spouses (including surviving spouses) receive services
through discretionary National Emergency Grants should states choose to apply. These
grants provide employment related assistance to members of the National Guard and
Military Reserve who were required to interrupt or postpone these services in order to
fulfill deployment requirements in active duty.
Services include:
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Expanded employment and training services for military spouses through DOD
Family Centers and DOL One-Stop Career Centers
Connections to DOL’s National Business Partners
Spouse Telework Employment Program (STEP)
Expanded Employment and Training Services
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Web Resources: One of the major joint initiatives between DOD and DOL is the
Military Spouse Resource Center (www.MilSpouse.org), a Web site designed to assist
the spouses of military personnel. The MilSpouse Web site provides easy access to
information, resources, and opportunities related to education, training, and
employment within the United States. The site features more than 2,500 links to
employment opportunities and information on education, training, and supportive
services, including child care and transportation and provides online help that directs
users to relevant content within the site’s Web pages.
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Greater Access to Information: The Labor Department has added information on its
telephone help line (1-877-US2-JOBS) to assist military spouses in accessing
employment and training services. DOL also is working with DOD to add information on
military installations and their employment readiness programs to America’s Service
Locator (ASL) www.servicelocator.org, which helps individuals to locate One-Stop
Career Center services. The Department of Defense has added information on the
workforce investment system and One-Stop Career Center services to the Standard
Installation Topic Exchange Service (SITES) database, the basis for all installation
welcome packets.
Expanded Training Opportunities: The Labor Department has explored
opportunities for expanding military spouse participation in existing employment and
training programs, such as apprenticeship and the Workforce Investment Act (WIA)
Dislocated Worker program.
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Connections to DOL's National Business Partners
The Departments of Labor (DOL) and Defense (DOD) expanded electronic links with DOL’s
National Business Partners to promote the hiring of military spouses and transitioning
military personnel. DOL has been actively connecting spouses with DOL national business
partners by sending information to all business partners about military spouses. In
addition, ETA has championed the following DOD initiatives:
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Career Accelerator Program; Adecco
Military Spouse Virtual Assistant; Staffcentrix.
Army Spouse Employment Partnership (15 Organizations)
Spouse Telework Employment Program (STEP)
The Spouse Telework Employment Program (STEP) is a partnership among six federal
agencies (the Departments of State, Defense, Labor, Homeland Security - Coast Guard;
National Guard Bureau; and General Services Administration) to improve spouse access to
remote training and telework opportunities within the private sector. The Departments
finalized the STEP Memorandum of Agreement in May 2004.
The STEP partners are developing a pilot program (“Jobs Without Borders”) that will
connect approximately 50 military and Foreign Service spouses with private-sector
telework opportunities. Full implementation of a robust telework program under STEP will
provide spouses opportunities for career continuity and development no matter where
they are located.
Survivors & Dependents Assistance (DEA):
(http://gibill.va.gov/benefits/other_programs/dea.html)
Summary of Benefits
Dependents' Educational Assistance provides education and training opportunities to
eligible dependents of certain veterans. The program offers up to 45 months of education
benefits. These benefits may be used for degree and certificate programs, apprenticeship,
and on-the-job training. If you are a spouse, you may take a correspondence course.
Remedial, deficiency, and refresher courses may be approved under certain circumstances.
Eligibility
You must be the son, daughter, or spouse of:
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A veteran who died or is permanently and totally disabled as the result of a serviceconnected disability. The disability must arise out of active service in the Armed
Forces.
A veteran who died from any cause while such permanent and total serviceconnected disability was in existence.
A servicemember missing in action or captured in line of duty by a hostile force.
A servicemember forcibly detained or interned in line of duty by a foreign
government or power.
A servicemember who is hospitalized or receiving outpatient treatment for a service
connected permanent and total disability and is likely to be discharged for that
disability. This change is effective December 23, 2006.
Period of Eligibility
If you are a son or daughter and wish to receive benefits for attending school or job
training, you must be between the ages of 18 and 26. In certain instances, it is possible to
begin before age 18 and to continue after age 26. Marriage is not a bar to this benefit. If you
are in the Armed Forces, you may not receive this benefit while on active duty. To pursue
training after military service, your discharge must not be under dishonorable conditions.
VA can extend your period of eligibility by the number of months and days equal to the
time spent on active duty. This extension cannot generally go beyond your 31st birthday,
there are some exceptions.
If you are a spouse, benefits end 10 years from the date VA finds you eligible or from the
date of death of the veteran. If the VA rated the veteran permanently and totally disabled
with an effective date of 3 years from discharge a spouse will remain eligible for 20 years
from the effective date of the rating. This change is effective October 10, 2008 and no
benefits may be paid for any training taken prior to that date.
For surviving spouses (spouses of service members who died on active duty) benefits end
20 years from the date of death.
How to Apply
You should make sure that your selected program is approved for VA training. If you are
not clear on this point, VA will inform you and the school or company about the
requirements.
Obtain and complete VA Form 22-5490, Application for Survivors' and Dependents'
Educational Assistance. Send it to the VA regional office with jurisdiction over the State
where you will train. If you are a son or daughter, under legal age, a parent or guardian
must sign the application.
If you have started training, take your application to your school or employer. Ask them to
complete VA Form 22-1999, Enrollment Certification, and send both forms to VA.
Section 301 of Public Law 109-461 adds a new category to the definition of "eligible
person" for DEA benefits. The new category includes the spouse or child of a person who:
VA determines has a service-connected permanent and total disability; and at the time of
VA's determination is a member of the Armed Forces who is hospitalized or receiving
outpatient medical care, services, or treatment; and is likely to be discharged or released
from service for this service-connected disability.
Persons eligible under this new provision may be eligible for DEA benefits effective
December 23, 2006, the effective date of the law.
DEA provides education and training opportunities to eligible dependents of veterans who
are permanently and totally disabled due to a service-related condition, or who died while
on active duty or as a result of a service related condition. The program offers up to 45
months of education benefits. These benefits may be used for degree and certificate
programs, apprenticeship, and on-the-job training. If you are a spouse, you may take a
correspondence course. Remedial, deficiency, and refresher courses may be approved
under certain circumstances.
Special Restorative Training is available to persons eligible for DEA benefits. The
Department of Veterans Affairs may prescribe special restorative training where needed to
overcome or lessen the effects of a physical or mental disability for the purpose of enabling
an eligible person to pursue a program of education, special vocational program or other
appropriate goal. Medical care and treatment or psychiatric treatments are not included.
Special Vocational Training is also available to persons eligible for DEA benefits. This type
of program may be approved for an eligible person who is not in need of Special
Restorative Training, but who requires such a program because of a mental or physical
handicap.
VA Home Loan Guaranty Benefits for Surviving Spouses:
(http://www.vba.va.gov/bln/dependents/Spouselgy.htm)
The unmarried surviving spouse of a veteran who died on active duty or as the result of a
service-connected disability is eligible for the home loan benefit.
If you wish to make application for the home loan benefit as a surviving spouse, contact our
VA Home Loan Eligibility Center. Or, you may call the Eligibility Center's toll free number,
which is 1-888-244-6711.
In addition, a surviving spouse who obtained a VA home loan with the veteran prior to his
or her death (regardless of the cause of death), may obtain a VA guaranteed interest rate
reduction refinance loan. For more information, contact our VA Eligibility Center.
TRICARE Medical Benefits:
Active Duty
Eligible family members may receive inpatient and outpatient care, including pharmacy
services at Uniformed Services medical treatment facilities where adequate services and
facilities are available. Eligible family members of active duty members who died while on
active duty, who were on active duty for at least 30 days before death, will continue to be
treated as active duty family members for three years after their active duty sponsor dies. If
you remarry someone outside the uniformed services, you are no longer covered. If the
marriage is annulled, you may be eligible for reinstatement after the annulment.
TRICARE is the Department of Defense managed health care program designed to improve
beneficiary access to care, assure affordable and high quality care, provide choice, and
contain costs to beneficiaries and the Department of Defense. TRICARE offers eligible
family members a choice of three health care options, prime, extra, and standard for
seeking care under the TRICARE program. Each option has different cost-sharing features
and degrees of freedom for using civilian providers. TRICARE service centers are
established at or near each military installation to assist family members in obtaining care
and services as necessary. TRICARE does not cover dependent parents and parents-in-law;
however, they are eligible for care in the military medical treatment facility on a space
available basis. For more detailed information on TRICARE, contact the health benefits
advisor at your nearest medical treatment facility.
TRICARE - Active Duty Family Members Dental Plan. An insurance plan that offers coverage
for a wide range of dental services to the enrolled families of active duty sponsors. The
dental plan is not Civilian Health and Medical Plan of the Uniformed Services (CHAMPUS).
It provides dental care distinct from the care authorized under CHAMPUS which provides
coverage for services directly related to identified medical conditions. ; Civilian dentists
provide the care under the Family Members Dental Plan. Either the dentist or the patient
may file claims with the civilian contractor operating the dental plan for the Uniformed
Services. Sponsors pay a portion of the monthly premiums by payroll deduction and pay a
cost share for services provided. If the deceased member was participating in the dental
plan for eligible family members at the time of death, coverage for family members
enrolled is extended for three year following the member's death.
Retiree
Eligible family members may receive inpatient and outpatient care, including pharmacy
services at Uniformed Services medical treatment facilities where adequate services and
facilities are available. If you remarry someone outside the uniformed services, you are no
longer covered. If the marriage is annulled, you may be eligible for reinstatement after the
annulment.
TRICARE is the Department of Defense managed health care program designed to improve
beneficiary access to care, assure affordable and high quality care, provide choice, and
contain costs to beneficiaries and the Department of Defense. TRICARE offers eligible
family members a choice of three health care options, prime, extra, and standard for
seeking care under the TRICARE program. Each option has different cost-sharing features
and degrees of freedom for using civilian providers. TRICARE service centers are
established at or near each military installation to assist family members in obtaining care
and services as necessary.
TRICARE does not cover dependent parents and parents-in-law; however, they are eligible
for care in the military medical treatment facilities on a space available basis. For more
detailed information on TRICARE visit their world wide web site at
http://www.tricareonline.com, or contact the health benefits advisor at your nearest
medical treatment facility.
CHAMPVA Medical Benefits:
(http://www.va.gov/hac/forbeneficiaries/champva/champva.asp)
The Civilian Health and Medical Program of the Department of Veterans Affairs
(CHAMPVA) is a comprehensive health care program in which the VA shares the cost of
covered health care services and supplies with eligible beneficiaries. The program is
administered by Health Administration Center and our offices are located in Denver,
Colorado.
Due to the similarity between CHAMPVA and the Department of Defense (DoD) TRICARE
program (sometimes referred to by its old name, CHAMPUS) the two are often mistaken for
each other. CHAMPVA is a Department of Veterans Affairs program whereas TRICARE is a
regionally managed health care program for active duty and retired members of the
uniformed services, their families, and survivors. In some cases a veterans may look to be
eligible for both/either program on paper. However, if you are a military retiree, or the
spouse of a veteran who was killed in action, you are and will always be a TRICARE
beneficiary, you can´t choose between the two.
Eligibility
To be eligible for CHAMPVA, you cannot be eligible for TRICARE/CHAMPUS and you must
be in one of these categories:
1. the spouse or child of a veteran who has been rated permanently and totally
disabled for a service-connected disability by a VA regional office, or
2. the surviving spouse or child of a veteran who died from a VA-rated service
connected disability, or
3. the surviving spouse or child of a veteran who was at the time death rated
permanently and totally disabled from a service connected disability, or
4. the surviving spouse or child of a military 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).
An eligible CHAMPVA sponsor may be entitled to receive medical care through the VA
health care system based on his or her own veteran status. Additionally, as the result of a
recent policy change, if the eligible CHAMPVA sponsor is the spouse of another eligible
CHAMPVA sponsor, both may now be eligible for CHAMPVA benefits. In each instance
where the eligible spouse requires medical attention, he or she may choose the VA health
care system or coverage under CHAMPVA for his/her health care needs. If you have been
previously denied CHAMPVA benefits and you believe you would now be qualified, please
submit an application following the guidelines as listed on the “How to apply” section.
Texas Veterans Homes:
(http://www.glo.texas.gov/vlb/veterans-benefits/veterans-homes/index.html)
Eligibility
Texas State Veterans Homes are a special benefit for those men and women who have
served Texas with honor. To be eligible for admission into a VLB Texas State Veterans
Home, the applicant must:
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be recognized as an "eligible veteran" by the Department of Veterans Affairs (VA)
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require long-term nursing care as determined by a physician and concurred by the
VA,
be at least 18 years old,
be a bona fide resident of Texas at the time of application
not be dishonorably discharged.
Additional eligibility
The spouse, or unmarried surviving spouse, of a veteran and Gold Star parents are also
eligible provided they meet the age and residency requirements above. Gold Star parents
refer to those who have lost sons or daughters in active duty.
VLB Texas State Veterans Homes are a benefit meant to provide exclusive, first-class, longterm care at an affordable price exclusively for Texas veterans, their spouses and Gold Star
Parents. The homes affordability comes from the establishing legislation which allows
veteran residents to combine private, federal and/or Medicare or Medicaid to cover daily
costs.
Texas State Veterans Homes are not a free benefit: the resident and/or their responsible
party must make payment arrangements for care in a Texas State Veterans Home.
Daily room rates include room, board, medication and skilled nursing care, as well as
amenities and activities. Specialized Memory Loss care is an additional cost.
Loan Discounts:
(http://www.glo.texas.gov/vlb/veterans-benefits/veteran-loans/loan-discounts.html)
Unmarried Surviving Spouse Discount
To honor our Texas veterans, the VLB offers a substantial interest rate reduction on Home
and Home Improvement Loans to the unmarried surviving spouse of any service member
who was killed in the line of duty (service member must have been a legal resident of Texas
at the time of death). The reduction is a full 50 basis points, or one-half of one percent on
the available VLB loan interest rate.
An unmarried surviving spouse of a veteran who is missing in action, or who died in the
line of duty, or died from a service-connected cause and had a compensable serviceconnected disability rating of 30% or greater (as verified by an Award Letter from the VA)
at the time of death and was a legal resident of Texas is also eligible for the discount.
This reduction can result in a savings of tens of thousands of dollars for qualifying
applicants. The surviving spouse must meet all other eligibility requirements for the Home
and Home Improvement Loan programs. Please contact the VLB if you have any questions.
Posthumous Citizenship:
Public Law 101-249, as amended, provides that an alien or non-citizen national of the
United States who dies as a result of injury or disease incurred by active duty with the U.S.
Armed Forces during specified periods of military hostilities may be granted United States
citizenship. If the application is approved, a Form N-645 - Certificate of Citizenship will be
issued in the name of the decedent (the deceased veteran). The certificate establishes that
the decedent is considered a citizen of the United States as of the date of his or her death.
Eligibility
To qualify for Posthumous Citizenship, the decedent must have been an alien or non-citizen
national of the United States who served honorably in an active-duty status in the military
of the United States from September 11, 2001, until terminated by Executive Order of the
President and who died because of injury or disease incurred in or aggravated by that
service and met one of the following enlistment requirements:
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Was enlisted, reenlisted, or inducted in the United States, Panama Canal Zone,
American Samoa, or Swain's Island
Was admitted to the United States as a lawful permanent resident at any time.
Entered the United States, Panama Canal Zone, American Samoa, or Swain's Island
pursuant to military orders at some time during such service.
Who can file?
The application, Form N-644 - Application for Posthumous Citizenship, may be filed by
decedent's:
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Spouse
Father/Mother
Son/Daughter
Brother/Sister
Administrator or decedents estate; or Guardian, Conservator, or Committee of
decedent's next of kin; or
Service organization recognized by the Department of Veterans Affairs.
There is no filing fee for the request for posthumous citizenship.
The Casualty Assistance Officer (CAO) should contact CMAOC CMAB Operations at (502)
613-8011 / 8010 / 8012 / 8014 (DSN: 983-xxxx) between 6:30 a.m. to 6:00 p.m. for
guidance on how to commence the application process. The application must be filed no
later than Nov. 2, 2004, or two years after the date of the decedent's death, whichever is
later.
U.S. Citizenship and Immigration Services Resources
The U.S. Citizenship and Immigration Services website provides additional information and
resources concerning Survivor benefits:
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Details on Form N-644, Application for Posthumous Citizenship
Survivor Benefits for Relatives of U.S. Citizen Military Members (including a service
member granted posthumous citizenship)
Survivor Benefits for Relatives of Non-U.S. Citizen Military Members
Survivor Benefits for Non-Citizen Relatives of Military Personnel (PDF)
Recreation Activity:
Active Duty
An unmarried surviving spouse (a widow or widower of a deceased Soldier, who has
remarried and through annulment, divorce, or death is no longer married) and children are
eligible to use the recreational activities on a military installation such as the golf course,
gymnasium, bowling alley, and hobby shops.
Retiree
An unmarried surviving spouse (a widow or widower of a deceased Soldier, who has
remarried and through annulment, divorce, or death is no longer married) and children are
eligible to use the recreational activities on a military installation such as the golf course,
gymnasium, bowling alley, and hobby shops.
Heirloom Chest Policy:
(https://www.hrc.army.mil/TAGD/Heirloom%20Chest%20Policy)
On September 28, 2007, the Army began delivering the Heirloom Chest pictured here to the
Person Eligible to Receive the Effects of Soldiers who died while in an active duty
status. The Army does not have the authority to issue the chests retroactively.
Commissary:
Benefits outlined on this page are dependent on the status of the decedent. Please select
from the appropriate category below:
Active Duty
The unmarried surviving spouse (a widow or widower of a deceased Soldier, who has
remarried and through annulment, divorce, or death is no longer married) is eligible for
commissary privileges. He or she may, on approval of the local installation commander, let
an agent make purchases under certain circumstances.
Retiree
The unremarried surviving spouse (a widow or widower of a deceased Soldier, who has not
remarried) is eligible for commissary privileges. He or she may, on approval of the local
installation commander, let an agent make purchases under certain circumstances.
Post Exchange Privileges:
Active Duty
The unremarried surviving spouse (a widow or widower of a deceased Soldier, who has not
remarried) is eligible for exchange services. On approval of the installation Commander, an
agent may be allowed to make purchases under certain circumstances.
Retiree
The unremarried surviving spouse (a widow or widower of a deceased Soldier, who has not
remarried) is eligible for exchange services. On approval of the installation Commander, an
agent may be allowed to make purchases under certain circumstances.
Beneficiary Financial Counseling Services:
The Beneficiary Financial Counseling Services is an extra benefit offered to beneficiaries of
Servicemembers' Group Life Insurance, Servicemembers Group Life Insurance Family
Coverage and Veterans' Group Life Insurance policies as well as TSGLI claimants. As a
beneficiary or claimant, you can take advantage of no-cost, professional financial advice
provided by FinancialPoint®.
Service features:
Personalized service - You receive a financial plan tailored to your situation with action
steps addressing your specific needs.
Objective Advice - You benefit from the advice of financial professionals. They have no
products to sell and do not receive a commission for their services. They are not affiliated
with any banks or investment firms, so you can be assured that the advice they give you is
always objective.
Convenience - You can talk to a financial counselor whenever you want to get answers to
any questions you may have about your financial plan.
How Does the Service Work?
Once your claim is settled, just call FinancialPoint® toll-free at 1-888-243-7351 to get
answers to all your financial questions, no matter how simple or complex. You can request
a Financial Readiness Questionnaire which you can complete and return to get a
customized financial plan. You will have 24/7, lifetime telephone access to financial
professionals who can assist you with any of your financial questions.
To take advantage of the no-cost BFCS benefit, beneficiaries may contact FinancialPoint®
by: Toll-free Telephone (anytime): 1-888-243-7351; TSGLI Recipients: 1-800-428-3416;
Email:fcs@FinancialPoint.com
REFERENCES & CONTACTS:
Fort Sam Houston Casualty & Mortuary Affairs:
1706 Stanley Road, Building 2263, Room 200
Fort Sam Houston, TX 7234-5018
Hours of Operation:
Monday – Friday 0715 - 1600
(210) 221 - 2810
Fort Sam Houston National Cemetery:
To schedule a burial: Fax all discharge documentation to the National Cemetery Scheduling
Office at 1-866-900-6417 and follow-up with a phone call to
1-800-535-1117.
DoD Booklet “Survivor's Guide to Benefits:”
A Department of Defense publication in PDF format online at:
http://www.militaryhomefront.dod.mil/12038/Project%20Documents/MilitaryHOMEFRO
NT/Service%20Providers/Casualty%20Assistance/Survivors%20Guide.pdf
Obtaining veteran’s service records:
Visit http://www.archives.gov/veterans/military-service-records/
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