also may be used to pay off indebtedness of such homes already acquired by eligible veterans. 160. Aid for the Blind. The VA provides such aids for veterans who are blinded and are entitled to compensation for service-connected disabilities. The blindness itself need not be service-connected. Aids include approved electronic and mechanical equipment, as well as seeing-eye dogs. The VA also pays for the dog's medical attention. Chapter 30 SURVIVOR BENEFITS ADMINISTERED BY THE VA 161. Servicemen's and Veterans' Survivor Benefits Act. The Servicemen's and Veterans' Survivor Benefits Act, Public Law 84881, 1 January 1957, deals primarily with personnel who are on active duty after that date and subsequently die. This chapter deals with the portions of the act that are administered by the VA. The benefits in certain cases apply to those who retired before 1 January 1957. The amount of monthly compensation payable as shown throughout this chapter is that in effect at the time this pamphlet was published and is subject to change by passing of new legislation. The important point to remember is that this act does not provide payment of VA benefits to survivors of veterans whose death is not service-connected. The principal provisions of Public Law 84-881 administered by the VA which affect benefits after retirement are: a. Dependency and Indemnity Compensation (DIC) payable by the VA after 31 December 1956 for service-connected deaths as outlined in this chapter. b. Government Life Insurance as outlined in paragraphs 149 through 154. All benefits under this act are generally nontaxable and exempt from claims of creditors of either the service member or his beneficiary. 162. Dependency and Indemnity Compensation (DIC): a. Dependency and indemnity compensation is payable to certain survivors of a retired member whose death is determined by the VA to be the result of a service-connected disability. In order for the compensation to be payable, the member's death must result from: (1) Disease or injury incurred or aggravated in line of duty while on active duty or active duty for training. (2) Injury incurred or aggravated in line of duty while on inactive duty training. If the member's death is not the result of a service-connected disability, no DIC is payable to his survivors. Receipt of DIC will not disqualify a dependent from receiving social security benefits or Retired Serviceman's Family Protection Plan (RSFPP) annuity payments. Except, in the case of persons with less than 18 years' service, who retire for disability subsequent to 4 October 1961, and who die of a disability for which DIC payments are authorized, are not covered under the Act (RSFPP), and any money withheld from their retired pay will be returned to their heirs or estate. b. Payment to Widows. The VA will make monthly DIC payments to the eligible widow of a retired member whose death is the result of a service-connected disability. In order to receive DIC, a widow must be unremarried and: (1) Have been married to the retired member for any period of time if a child was born of the marriage; or (2) Have been married to the retired member for a period of 5 years if no child was born of the marriage; or (3) Have married the retired member within 15 years after the termination of the period of service in which the injury or disease causing the death of the member was incurred or aggravated. c. An eligible widow will receive monthly compensation in the amount of $120 plus 12% of the deceased member's basic pay. "Basic pay" is the current active duty pay for the grade the retired member held when last released from active duty. Subsequent increases and decreases in the pay of active duty personnel will correspondingly affect the amount of DIC paid to widows. However, a member's advancement on the retired list will not increase the amount of compensation his widow may receive. The following table shows the amount of DIC currently payable to widows of members who die as a result of service-connected disabilities. MONTHLY DEPENDENCY AND INDEMNITY COMPENSATION PAYABLE TO WIDOWS YEARS OF MILITARY SERVICE Pay grade Under Over Over Over Over Over Over Over Over Over Over Over Over Over Over 2 2 3 8 10 12 14 16 18 20 22 26 30 E-9 E-8. E-7. 152 E-6. E-5. E-4.. E-3. E-2.. E-1.. 180 181 183 184 185 187 190 197 170 172 173 174 176 177 179 182 189 158 159 161 162 163 165 166 168 170 171 172 175 182 147 153 155 156 157 159 160 162 163 165 166 166 166 166 144 149 151 152 154 155 157 158 159 159 159 159 159 140 145 146 148 150 150 150 150 150 150 150 150 150 135 140 142 143 143 143 143 143 143 143 143 143 143 132 137 137 137 137 137 137 137 137 137 137 137 137 137 137 132 136 136 136 136 136 136 136 136 136 136 136 136 136 136 If compensation is based on service as Chief of Staff or Chairman of Joint Chiefs of Staff. d. When a widow is receiving no social security payment or social security payment of less than $128 a month, her compensation payment may be increased by $28 a month for each eligible child in excess of one who has not reached the age of 18 years. However, the total of the widow's social security payment plus this additional compensation payment may not exceed $128 a month. An eligible widow will continue to receive compensation payments for life, unless she remarries, regardless of the amount of her income from other sources. e. Payments to Dependent Widower. The unremarried widower of a retired member whose death is the result of a service-connected disability may receive DIC provided he: (1) Is incapable of self-maintenance; and (2) He was, at the time of his retired wife's death, permanently incapable of self support because of a mental or physical disability; and (3) He meets all other qualifications for the compensation required by law. An eligible widower will receive DIC in the same amount as an eligible widow. f. Payments to Children. When there is no widow or widower entitled to DIC, the compen sation may be paid to the children of a retired member whose death is the result of a serviceconnected disability. To be eligible for DIC, a child must: (1) Be unmarried. (2) Be under the age of 18; or have become permanently incapable of self-support before reaching the age of 18; or be pursuing a course of instruction at an approved educational institution. A child who qualifies under the educational provision may continue to receive compensation payments until he reaches the age of 21, terminates his education, or marries, whichever occurs first. (3) A legally adopted child or a stepchild may qualify for and receive the compensation. payments under the conditions outlined above, provided he was a member of the deceased retired member's household. Dependency and Indemnity Compensation payments are made to eligible children at the following monthly rates in equal shares: One child.. Two children__. Three children___. Each additional child____. $77 $750 $110 1,000. $143 1,250 $28 1,500. 1,750. $77 plus $28 Helpless child over 18 (rate payable for child under 18) If the child is over 18, a widow or widower of a deceased member will be entitled to $39 for each child in school and $77 for each helpless child. All of these payments are in addition to the social security benefits for which children under age 18 are eligible. g. Payments to Parents. Dependency and Indemnity Compensation may be paid to a parent(s) of a retired member whose death is a result of a service-connected disability regardless of whether a widow or child is also being compensated. The term "parent (s)" includes father, mother, father through adoption, mother through adoption, or the person who last stood in loco parentis to the deceased mem ber before his entry into the service. The ber's death appears to be the result of a serviceconnected disability. It is always possible that the VA will determine that a service-connected disability is a contributory cause of death and grant compensation on that basis. b. The Veterans Administration, when notified of the death of a retired member, supplies his widow with a form on which she may apply for DIC. These forms may also be obtained from any VA Regional Office or Social Security District Office. Completed applications should be returned, with whatever supporting documents are required in the instructions, to the office from which they were obtained. Generally, a widow should submit a marriage certificate and prior divorce decree, if any, or a death certificate if a marriage of the widow of her husband was dissolved by death. Applications in behalf of children should be accompanied by birth certificates or adoption papers. Parent(s) applications require the deceased member's birth certificate or adoption papers as proof of parenthood. 164. Death Pensions. When a retired member's death is not the result of a service-connected disability, his unremarried widow or his minor children may receive a death pension from the VA if they meet the eligibility requirements. A new death pension system for eligible survivors of veterans of World War I, World War II, and the Korean Conflict became effective 1 July 1960. Survivors who were receiving pensions before that date were given an opportunity to choose whether to receive payments under the old or the new system. The choice they made is irrevocable. Survivors added to the pension rolls after 30 June 1960 are paid under the new pension system. The amount of monthly compensation payable as shown throughout this chapter is that in effect at the time this pamphlet was published and is subject to change by passing of new legislation. a. Service Requirements of the Deceased Member. The death pension is based on wartime service. A retired member must have served in the active military, naval, or air service during a period of war and have been discharged or otherwise released from the service under conditions other than dishonorable, if any of his survivors are to receive the pension. The different service requirements for different periods of wartime service are: (1) Spanish-American War Period (21 April 1898-4 July 1902). A pension is payable to the eligible widow or children of a veteran of the Spanish-American War who: (a) Served for 90 days or more during the Spanish-American War; or (b) Served for a period of 90 consecutive days or more and such period began or ended during the Spanish-American War; or (c) Served during the Spanish-American War and was discharged or otherwise released from the service for a service-connected disability. (d) For a veteran who served with the U.S. military forces engaged in hostilities in the Moro Province, the Spanish-American War period is extended to 15 July 1903. (2) World War I Period (6 April 1917-11 November 1918). A pension is payable to the eligible widow or children of a veteran of World War I who: (a) Served for 90 days during World War I; or (b) Served for a period of 90 consecutive days or more and such period began or ended during World War I; or (c) Served during World War I and was discharged or otherwise released from such service for a service-connected disability; or (d) At the time of his death was receiving, or entitled to receive, compensation or retirement pay based upon a service-connected disability. (e) For a veteran who served with the U.S. military forces in Russia, the World War I period is extended to 1 April 1920. (3) World War II Period (7 December 1941-31 December 1946). A pension is payable to the eligible widow or children of a veteran of World War II who: (a) Served for 90 days or more during World War II; or (b) Served for a period of 90 consecutive days or more and such period began or ended during World War II; or (c) Served during World War II and was discharged or otherwise released from such service for a service-connected disability. |