Jump to content
  • Latest Donations

  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims

    questions-001@3x.png

    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
     
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   

    tinnitus-005.pngptsd-005.pnglumbosacral-005.pngscars-005.pnglimitation-flexion-knee-005.pngdiabetes-005.pnglimitation-motion-ankle-005.pngparalysis-005.pngdegenerative-arthitis-spine-005.pngtbi-traumatic-brain-injury-005.png

  • Advertisemnt

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sponsored Ads

  • Searches Community Forums, Blog and more

  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 0
Berta

Potential Reps Benefit

Question

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

Share this post


Link to post
Share on other sites

1 answer to this question

Recommended Posts

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 .

Share this post


Link to post
Share on other sites

Ad

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Our picks

    • Choosing a VA Disability Attorney Means Learning What Questions to Ask
      Choosing a VA Disability Attorney Means Learning What Questions to Ask. Chris Attig - Veterans Law Blog 

      <br style="color:#000000; text-align:start">How to Hire an Attorney For Your VA Claim or Appeal Free Guidebook available on the Veterans Law Blog

      I got an email the other day from a Veteran.  It had 2 or 3 sentences about his claim, and then closed at the end: “Please call me. So-and-so told me you were the best and I want your help.”

      While I appreciate the compliments, I shudder a little at emails like this.  For 2 reasons.

      First, I get a lot of emails like this.  And while I diligently represent my clients – I often tell them we will pursue their claim until we have no more appeals or until we win – I am most assuredly not the best.

      There are a LOT of damn good VA Disability attorneys out there.  (Most, if not all, of the best are members of the National Organization of Veterans Advocates…read about one of them, here)

      Second, I don’t want Veterans to choose their attorney based on who their friend thought was the best.  I want Veterans to choose the VA Disability attorney who is BEST for their case.

      In some situations, that may be the Attig Law Firm.

      But it may also be be Hill and Ponton, or Chisholm-Kilpatrick, or Bergman Moore.  Or any one of the dozens of other attorneys who have made the representation of Veterans their professional life’s work.

      There are hundreds of attorneys that are out there representing Veterans, and I’m here to tell you that who is best for your friend’s case may not be the best for your case.

      How do you Find the Best VA Disability Attorney for your Claim?

      First, you have to answer the question: do you NEED an attorney?

      Some of you don’t...
      • 1 reply
    • VA Emergency Medical Care
      VA Emergency Medical Care
      • 3 replies
    • Veterans Appeals Improvement and Modernization Act
      Veterans Appeals Improvement and Modernization Act
      • 0 replies
    • Thanks Berta for your help. I did receive my 100% today for my IU claim on 6/20/2018. It only took 64 days to complete and it is p&t. Thanks for your words of wisdom. 
    • Thank you Buck for your help. I did receive my 100% for my IU claim today June 20, 2018 and it is p&t. The claim only took 64 days. Thank you so much for your help. 
×

Important Information

{terms] and Guidelines