Potential Reps Benefit

[Berta]

This is a potential monetary award to any survivor of a deceased veteran who was also survived by any child or children who received SSA survivors Benefits as well as some children in their own right- as explained in the REPS regulation for any direcvtly service connected death-which could include many widows/widowers claims under the new AO presumptives.

The REPS application is at the back of the DIC 21-534 application.

"Incurred or aggravated prior to August 13,1981" certainly covers awards for SC deaths of Vietnam vets whose survivors might now fall under the new AO regulations.

Under the provisions of section 156 of Public Law 97-377 and 38 C.F.R. § 3.812 (1992), a special allowance is payable to certain surviving spouses and children of individuals who died on active duty prior to August 13, 1981, or who died as a result of a service connected disability which was incurred or aggravated prior to August 13, 1981. This allowance, known as REPS benefits, was a replacement for certain social security benefits which were either reduced or terminated by the Omnibus Budget Reconciliation Act of 1981. Pub. L. No. 97-33, § 2205, 95 Stat. 837 (l98l). Among those who are potentially eligible for REPS benefits are unmarried children of the veteran between the ages of 18 and 22 who are attending a post-secondary school on a full- time basis. Retroactive benefits, that is, benefits for a period of time prior to the date of the claim for such benefits, may only be paid under certain circumstances which are set forth in 38 C.F.R. § 3.812(f). With respect to any claim which is received more than one year after May 23, 1984, but within six months following the month in which the claimant first became eligible for special allowance payable under Section 156 of Public Law 97-377 (REPS), benefits shall be payable for all periods beginning on or after the first day of the month that the claimant first became eligible for this special allowance. See 58 Fed Reg. 34524-5 (l993).

And here is a OGC pres Op generated since the above regs were written -that clarifies the retro period:

http://www.hadit.com/VA_General_Counsel_Precedent_Opinions/p2002_action/displayglossarydetails/p2002_glossaryid/89

[Berta]

BUMP

[Berta]

BUMP - REPS benefit

The application I got came with my initial  DIC award. DIC under 1151.(1998)

A Section 38 USC  1151 wrongful death award does not have this ancillary benefit.

when I proved direct SC death- 2009? forget- I sent them a copy of the REPS application, and copies of the evidence they needed,

VA in turn sent me a newer application-I filed out and again sent with the evidence they needed.I dont know if they still include it with the DIC forms.

This was based on my husband's death due to the direct Service connection death award ( AO DMII), and due to my daughter's school attendance and our Social Security awards due to the Survivors Benefit criteria of SSA.

I believe the evidence only involved copy of the SSA Survivor's award,  copy of my husband;'s DD 214/215, daughter's school info, and  maybe her birth certificate.

It still pisses me off that my so called state paid vet reps didn't have a clue on it.

 

 

 

[Berta]

Bumping this up again-When I saw the article from the Federal register that Tbird posted, I realized that the application for this benefit might NOT be part of the packet of info for survivors.

Neither my state reps nor the DAV had a clue on REPS. My REPS payment was over $20,000 retro .

 

In part:

"Abstract: Restored Entitlement Program for Survivors (REPS) is a benefit payable to certain surviving spouses and dependent children of deceased Veterans who died in service prior to August 13, 1981 or died as a result of a service-connected disability incurred or aggravated prior to August 13, 1981.Apr 23, 2021"

 

The entire explanation of this benefit is in this Fed Reg link and I have more info here at hadit- on it- if I can find it-

 

Federal Register/Vol. 86, No. 77/Friday, April 23, 2021/Notices

 

The VA application form is 21-P 8924

The older Form came with the 21-534 that survivors filled out for DIC, accrued etc.

 

I believe this is one more benefit for survivors that fall under REPS, that VSOs, Vet Reps, and even the survivors themselves might never even find out about.

 

 

[Berta]

Bumping this info up-

The VA can 'forget' to consider this benefit and I bet 90 % of all Vet reps don't have a clue on what it is.

If I had not pursued this benefit and if I had bought what VA tried to sell me, I would have lost over 20 thousand dollars.

There is discussion on REPS here under a search at hadit.

Restored Entitlement Program for Survivors.

Since the foundation of service connection is the nexus to one's service ,thus "incurred in service", a service connected death as well as applicable SSA information as explained below will warrant a one time payment of up to two years of retro REPS money which is the same amount the survivor lost under the Omnibus Reconciliation Act of 1981.

"Incurred or aggravated prior to August 13,1981" certainly covers awards for SC deaths of Vietnam vets whose survivors might now fall under the new AO regulations."

With the appropriate SSA standing as explained in our AO forum.

The August 13 1981 date is because this is when President Reagan sign the ORA.

Prior to his signing the ORA there was no need for the REPS program -as survivors retained their parental SSA benefits for up to 2 years .