BURIAL BENEFITS AND DEATH CLAIMS
TYPES OF BURIAL DEATH BENEFITS
1.Memorialization Benefits. They are to honor the memory of a deceased veteran. 2. Burial Benefits. Designed to assist claimants in meeting the funeral and burial costs of eligible veterans. 3. Death Benefits. Designed to assist dependents of the deceased veterans in meeting financial needs.
VA MEMORIALIZATION BENEFITS
A Presidential Memorial Certificate to express the Nation’s grateful recognition of the veteran’s service A burial flag to drape the casket of a deceased veteran Government headstones and markers Burial in a National Cemetery
Presidential Memorial Certificate
Presidential Memorial Certificates are issued in the name of the honorably discharged deceased veteran to the nextof-kin, other relatives and friends.
BURIAL FLAG
An American flag will be provided by VA to drape the casket of veterans discharged under conditions other than dishonorable. Individuals with 20 years of service in the Selected Reserve or National Guard are also eligible for a flag. A flag will be issued to the next of kin or close friend or associate of the deceased veteran.
GOVERNMENT HEADSTONES AND MARKERS
Government headstones and markers are furnished for memorialization of deceased veterans. Under certain circumstances, the VA may pay a monetary allowance as reimbursement for the cost incurred in acquiring a non-government headstone or for additional engraving.
GOVERNMENT HEADSTONES AND MARKERS
Refer requests to: National Cemetery Administration (403) VA Central Office Washington, DC 20420 or ask the director of the cemetery where the veteran is interred to request the marker.
Eligibility: National Cemetery
Burial in a VA national cemetery is provided on a space available basis. Generally, deceased veterans discharged under conditions other than dishonorable and service members who die while on active duty are eligible. Under certain circumstances, spouses and qualified dependent children of active duty military personnel and eligible veterans may also be buried in a VA national cemetery.
Eligibility: National Cemetery
Gravesites in national cemeteries may not be reserved. Directors of national cemeteries are responsible for determining eligibility for burial in a national cemetery.
BURIAL ALLOWANCE
A burial allowance is payable for veterans when death is shown to be service-connected or nonservice-connected.
Burial includes all various recognized methods of disposing of the remains of the deceased person (cremation, burial at sea, and medical school donation.)
BURIAL ALLOWANCE
The VA rating activity must grant service connection for the cause of death to meet the eligibility criteria for the SC death allowance.
BURIAL ALLOWANCE
The NSC death burial allowance is payable if the veteran had an other than dishonorable discharge and: 1. was in receipt of pension or compensation at the time of death, or 2. was receiving military retired pay in lieu of compensation at time of death, or
BURIAL ALLOWANCE
3. had a claim pending at the time of death and has been found entitled to benefits from a date prior to death, or 4. died while hospitalized by the VA, or a patient at an approved State nursing home, or 5. died while traveling under proper authorization and at VA expense.
PLOT ALLOWANCE
A plot or interment allowance is payable in addition to the basic burial allowance. This allowance is paid towards expenses incurred for the plot or interment if burial was not in a national cemetery or other cemetery under the jurisdiction of the United States or in a Stateowned cemetery.
Plot is the final resting place of the remains. (Grave, mausoleum, vault columbarium niche, or other site)
TRANSPORTATION ALLOWANCE
VA may authorize the cost of transporting the veteran’s body to the place of burial if the veteran’s death (service-connected or nonservice-connected) occurred while: •en route for VA authorized examination, treatment or care, or
TRANSPORTATION ALLOWANCE
• properly hospitalized at a medical center, domiciliary, or nursing home under the direct jurisdiction of VA, or • receiving nursing home care authorized under 38 U.S.C. 1720 in a non-VA facility, or • a patient at an approved State nursing home, or • buried in a national cemetery.
VA Form 21-530, Application for Burial Benefits
Part I of the form should be completed in all claims.
Part II must be completed to claim the burial and interment (plot) allowance paid by the claimant. Part III is to be completed, if a claim is made ONLY for the plot allowance.
VA Form 21-530, Application for Burial Benefits
VA Form 21-530 must be fully completed to claim transportation allowance. The application must contain the signature of the claimant and contain the signature of the individual who authorized the service, if the claimant provided the service.
WHAT TO ATTACH
The VA will need verification of the veteran’s military service, if not already of record.
Proof of death (certified death certificate) is necessary. A statement of account on the funeral director’s letterhead must accompany the claim. It must show the name of the veteran, nature and cost of services, including payments made to another funeral home, all credits and the name of the person(s) by whom payment in whole or part was made.
VA Form 21-534, Application for DIC, Death Pension and Accrued Benefits by a Surviving Spouse or Child
This application is used to apply for service-connected (DIC) and nonservice-connected (Death Pension) death benefits, and to apply for any money the VA owes the veteran but did not pay prior to death (called accrued benefits). If an application is made for one of these benefits, the law requires we also consider the others.
SERVICE-CONNECTED DEATH BENEFITS (DIC)
DIC may be payable when: (1) death occurred in service, or (2) veteran dies of service connected disability, or (3) in certain circumstances if a veteran rated totally disabled from a service-connected disability dies from nonservice-connected conditions. The veteran’s cause of death cannot be due to his/her own willful misconduct.
DIC PAYABLE UNDER 38 U.S.C. 1318
Under 38 U.S. C. 1318, DIC is payable to survivors of veterans whose deaths were not service-connected but were continuously rated totally disabled due to serviceconnected disabilities for 10 years or more immediately preceding the veteran’s death, or 5 years from the date of the veteran’s discharge.
DEATH PENSION
Nonservice-connected death pension may be payable when the death of a veteran with wartime service is not due to service, provided income and net worth is within the applicable limits.
ACCRUED BENEFITS
• Accrued benefits are benefits due to the beneficiary but not paid prior to death. • Accrued benefits are payable on the basis of dependency (the claimant was a dependent on the veterans award during his lifetime) or reimbursement (the claimant paid for the last illness and burial of the veteran).
VA Form 21-534, Application for DIC, Death Pension and Accrued by a Surviving Spouse or Child
Refer to Instructions for VA Form 21-534, dated June 2005. On page 1, item F provides guidance on How to Complete the Application. All information requested must be answered fully. If you do not know the answer, write “Unknown”.
Part I, question 7 asks if the claim is for serviceconnected death benefits. If the evidence of record supports a rating of a service-connected death, DIC may be payable even though this item is answered “no”.
VA Form 21-534 (continued)
Part I Benefit applicant applying for Part II Identify Veteran & applicant Part III Veteran’s active duty service Part IV Marital history of veteran & applicant Part V Veteran’s unmarried children Part VI Special Monthly Pension
VA Form 21-534 (continued)
Non-service-connected death pension
Part VII Net Worth Part VIII Income
(If these sections are not completed, we will deny pension. If applying for pension, complete every block in the income and net worth section, entering 0 (zero) or “none in every applicable entry.)
Part
IX Unreimbursed expenses
VA Form 21-534 (continued) Part X Direct deposit information Part XI Signature
Part XII Additional remarks
Application for DIC by Parents (VA Form 21-535)
Parent’s DIC is based upon the facts found regarding the death and on a set income limit established. To be eligible as a “parent”, the claimant must be the veteran’s biological parent, or the veteran must have lived with the claimant in a parent-child relationship for at least one year prior to entry into service. Only one person in each parental line (father/mother) can be recognized.
ATTACH TO APPLICATION
In all death claims we need the following evidence if not of record: • • • Certified Death Certificate of veteran showing the cause of death Verification of veteran’s qualifying service Surviving spouse, child or parent’s dependency on the veteran at the time of death.
ATTACH TO APPLICATION
For DIC (service-connected death benefits) it must be shown that death was incurred, or resulted from a disability incurred or aggravated, in line of duty, in active military service. For Death Pension Veteran had wartime service Claimant’s net worth and income is within applicable limits
Service Officer’s Role
When application is complete and necessary proofs are attached, get the claim to the VA as soon as possible to protect the effective date of the claim. You as Service Officers should assist the claimant and remind them that you are there for support if needed.
Questions and Answers