M21-1, Part IX, Subpart i, Chapter 6, Section A – General Information on Restored Entitlement Program for Survivors (REPS) Benefits

In This Section

Introduction

• description of the term REPS
• differences between Public Law (PL) 97-35 and REPS benefits, and
• unique nature of the REPS program.

Change Date

IX.i.6.A.1.a.  Description of the Term REPS

IX.i.6.A.1.b.  Differences Between PL 97-35 and REPS Benefits

• the “parent with child in care” benefit when a surviving spouse’s last child in care attains age 16, and
• most student benefits for children over the age of 18.

• a surviving spouse until the youngest child of the Veteran in the surviving spouse’s care attains age 18, and
• unmarried postsecondary school students between ages 18 and 21.

IX.i.6.A.1.c.  Unique Nature of the REPS Program

• 38 CFR 3.812(a)(2), and
• VA Form 21-0536, REPS Benefits Fact Sheet.

Introduction

• applying for REPS benefits
• basic eligibility requirements
• who is eligible for REPS benefits
• who is not eligible for REPS benefits
• establishing eligibility for service-connected (SC) death
• establishing eligibility for death after separation from service
• considering character of discharge (COD)
• establishing eligibility in special circumstances, and
• establishing basic eligibility in wartime missing in action (MIA) cases.

Change Date

IX.i.6.A.2.a.  Applying for REPS Benefits

IX.i.6.A.2.b.  Basic Eligibility Requirements

• died while on active duty before August 13, 1981, or
• died from disabilities incurred in or aggravated by active duty before August 13, 1981.

IX.i.6.A.2.c.  Who Is Eligible for REPS Benefits

• a surviving spouse of the qualifying deceased Veteran who has in his/her care a child of the deceased Veteran who has reached age 16 but not 18
• an unmarried schoolchild who is
  • between 18 and 21 years old, and
  • in full-time attendance at an approved postsecondary school, or
• a grandchild who is recognized as a child of a deceased person.

• A surviving spouse who remarries can establish eligibility if his/her marriage is subsequently terminated.
• A child who marries after eligibility has been established may again establish eligibility if the marriage is voided or annulled.
• A child may not again establish eligibility if the marriage is terminated by divorce or death of the child’s spouse.

IX.i.6.A.2.d.  Who Is Not Eligible for REPS Benefits

IX.i.6.A.2.e.  Establishing Eligibility for SC Death

• service must meet the definition of “active military, naval, or air service” as described in 38 CFR 3.6(a), and
• death must have occurred before August 13, 1981.

IX.i.6.A.2.f.  Establishing Eligibility for Death After Separation From Service

• death must have resulted from a disability incurred or aggravated in the active military, naval, or air service before August 13, 1981, and
• disability must have been incurred in the line of duty.

IX.i.6.A.2.g.  Considering COD

• post-service death was the result of a disability incurred in or aggravated by service before August 13, 1981, and
• disability that resulted in death was incurred in the line of duty.

IX.i.6.A.2.h.  Establishing Eligibility in Special Circumstances

• the payment of benefits based on service, see 38 CFR 3.812(c)(3), and
• eligibility for REPS benefits based on service, see 38 CFR 3.812(c).

IX.i.6.A.2.i.  Establishing Basic Eligibility in Wartime MIA Cases

• MIA status is established prior to August 13, 1981, and
• the casualty report has a date of death after August 12, 1981.

Introduction

• notifying dependents of potential REPS entitlement, and
• the criteria for the automatic issuance of the forms.

Change Date

IX.i.6.A.3.a.  Notifying Dependents of Potential REPS Entitlement

• VA Form 21-8934a, Application of Surviving Spouse or Child for REPS Benefits, which furnishes information about REPS and invites the addressee to file a REPS claim, and
• VA Form 21-8924, which is the REPS application.

IX.i.6.A.3.b.  Criteria for the Automatic Issuance of the Forms

• the payee is a DIC surviving spouse whose youngest child or children (in the case of twins) will reach age 16 within two months of the current processing month
• the payee is a DIC child whose 18^th birthday is two months from the current processing month, or
• the payee is a DIC surviving spouse with a child whose 18^th birthday is two months from the current processing month.

Introduction

• claimants’ inquiries to regional offices (ROs)
• RO inquiries to the St. Louis RO, and
• claimants’ inquiries to the St. Louis RO.

Change Date

IX.i.6.A.4.a.  Claimants’ Inquiries to ROs

IX.i.6.A.4.b.  RO Inquiries to the St. Louis RO

IX.i.6.A.4.c.  Claimants’ Inquiries to the St. Louis RO

Introduction

• responsibility of the REPS liaison
• sending the REPS liaison’s contact information to the REPS mailbox
• jurisdiction for REPS claims
• responsibility for determining eligibility for REPS benefits
• determining eligibility when the deceased Veteran’s claims folder exists, and
• determining eligibility when the deceased Veteran’s claims folder does not exist or exists at the Records Management Center (RMC) or Federal records center (FRC).

Change Date

IX.i.6.A.5.a.  Responsibility of the REPS Liaison

• expediting REPS claims, and
• answering inquiries from the St. Louis RO.

IX.i.6.A.5.b.  Sending the REPS Liaison’s Contact Information to the REPS Mailbox

IX.i.6.A.5.c.  Jurisdiction for REPS Claims

• various ROs, and
• a special processing unit (21Q) at the St. Louis RO.

IX.i.6.A.5.d.  Responsibility for Determining Eligibility for REPS Benefits

IX.i.6.A.5.e.  Determining Eligibility When the Deceased Veteran’s Claims Folder Exists

IX.i.6.A.5.f.  Determining Eligibility When the Deceased Veteran’s Claims Folder Does Not Exist or Exists at the RMC or FRC