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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

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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 .

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