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Updated Jan 31, 2024

In This Section

  
This section contains the following topics:
 
Topic
Topic Name
1
2
3
4
5
 

 

1.  General Information About REPS Benefits

Introduction

  
This topic contains general information about REPS benefits, including information on the

Change Date

  
May 8, 2019

XII.ii.3.A.1.a.  Origin of REPS

  
Benefits payable under Public Law (PL) 97-377, Section 156, are called Restored Entitlement Program for Survivors (REPS) benefits.  The program was given this name because PL 97-377, Section 156, restores Social Security Administration (SSA) benefits that were terminated as part of the Omnibus Budget Reconciliation Act of 1981,PL 97-35.

XII.ii.3.A.1.b.  Relationship Between PL 97-35 and REPS

  
The 1981 changes in PL 97-35 eliminated
  • the “parent with child in care” benefit when the last child in a surviving spouse’s care attains age 16, and
  • most student benefits for children over the age of 18.
REPS restores benefits to
  • a surviving spouse that is caring for a child of the Veteran and surviving spouse while the child is between the ages of 16 and 18, and
  • unmarried postsecondary school students between ages 18 and 22.

XII.ii.3.A.1.c.  Unique Nature of REPS

  
REPS is unique in that it is funded by the Department of Defense and administered by the Department of Veterans Affairs (VA) using a mixture of VA and SSA eligibility criteria.
 
SSA eligibility criteria are used in order to pay benefits to the claimant for approximately the same duration they would have been paid but for the 1981 changes.
 
Reference:  For more information on REPS, see

2.  Eligibility for REPS Benefits

Introduction

  
This topic contains information on the eligibility criteria for REPS benefits, including information on

Change Date

  
May 8, 2019

XII.ii.3.A.2.a.  Applying for REPS Benefits

  

XII.ii.3.A.2.b.  Basic Eligibility Requirements

  
Certain spouses and schoolchildren have basic eligibility to REPS benefits if they are survivors of a member of the Armed Forces who
  • died while on active duty before August 13, 1981, or
  • died from disabilities incurred in or aggravated by active duty before August 13, 1981.
Reference:  For more information on REPS eligibility requirements, see 38 CFR 3.812(a).

XII.ii.3.A.2.c.  Who Is Eligible for REPS Benefits

  
Pay REPS benefits
  • to a surviving spouse of the qualifying deceased Veteran who has in their care a child of the deceased Veteran and surviving spouse that is between the ages of 16 and 18, or
  • to an unmarried schoolchild who is
    • between the ages of 18 and 22, and
    • in full-time attendance at an approved postsecondary school.
Notes:
  • A surviving spouse who remarries may establish eligibility if the marriage is subsequently terminated.
  • A child who marries after eligibility has been established
    • may again establish eligibility if the marriage is voided or annulled, but
    • may not again establish eligibility if the marriage is terminated by divorce or death of the child’s spouse.
Reference:  For more information on approved postsecondary schools, see M21-1, Part XII, Subpart ii, 3.C.6.

XII.ii.3.A.2.d.  Ineligibility of Former Spouses

  
A divorced spouse of a deceased Veteran is not eligible for benefits under REPS because they cannot be considered a surviving spouse at the time of the Veteran’s death.

XII.ii.3.A.2.e.  Establishing Eligibility Based on SC Death

  
If death occurred in service, the
  • 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.
Note:  If death occurred in service, line of duty is not a factor.
 
Reference:  For more information on death in service occurring after August 12, 1981, see M21-1, Part XII, Subpart ii, 3.B.3.b.

XII.ii.3.A.2.f.  Establishing Eligibility Based on Death After Separation From Service

  
If the Veteran died after separation from service, the
  • 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.
Note:  If separation from service was after August 12, 1981, the service-connected (SC) disability must have had its onset prior to August 13, 1981.
 
Reference:  For more information on death or disability after separation from service, see M21-1, Part XII, Subpart ii, 3.B.3.

XII.ii.3.A.2.g.  Considering Character of Discharge

  
Although the Veteran’s character of discharge might be a bar to the payment of benefits under 38 U.S.C. 5303, there may be entitlement to REPS benefits, provided the
  • 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.

XII.ii.3.A.2.h.  Establishing Eligibility in Special Circumstances

  
Use the table below to determine if REPS benefits are payable in special circumstances.
 
If …
Then eligibility for REPS benefits is …
service was in the Regular Philippine Scouts of the Philippines
established.
service was in the
  • commissioned corps of the Public Health Service
  • National Oceanic and Atmospheric Administration
  • New Philippine Scouts, or
  • Commonwealth Army of the Philippines
not established.
death was presumptively connected to service prior to August 13, 1981, due to
  • non-Hodgkin’s lymphoma or any other disease SC under the provisions of 38 CFR 3.313, or
  • any disease presumptively SC
established.
death was due to a disability awarded “as if” SC under
not established.
 
References:  For more information on

XII.ii.3.A.2.i.  Establishing Basic Eligibility in Wartime MIA Cases

  
Basic REPS eligibility exists in wartime missing-in-action (MIA) cases where
  • MIA status is established prior to August 13, 1981, and
  • the casualty report has a date of death on or after August 13, 1981.
Note:  If MIA status was established prior to August 13, 1981, it is presumed that the actual death or disability resulting in death occurred prior to August 13, 1981.

3.  Providing Notice of Potential Entitlement to REPS Benefits

Introduction

  
This topic contains information on providing notice of potential entitlement to REPS benefits, including information on

Change Date

  
May 8, 2019

XII.ii.3.A.3.a.  Notifying Dependents of Potential REPS Entitlement

  
Notify dependents of their potential entitlement to REPS benefits using VA Form 21P-8924, which is the REPS application.

XII.ii.3.A.3.b.  Criteria for the Automatic Issuance of the Forms

  
VA Form 21P-8924 is automatically released by the central system computer if
  • there is a running Dependency and Indemnity Compensation award, and
  • the payee is a
    • surviving spouse whose youngest child or children (in the case of twins) will reach age 16 within two months of the current processing month
    • child whose 18th birthday is two months from the current processing month, or
    • surviving spouse with a child whose 18th birthday is two months from the current processing month.

4.  Handling Inquiries From Claimants

Change Date

  
May 8, 2019

XII.ii.3.A.4.a.  Claimants’ Inquiries to ROs

  
Normally, REPS claimants contact the St. Louis Regional Office (RO) with inquiries relating to REPS benefits.
 
In the event a claimant or beneficiary contacts an RO other than the St. Louis RO with a REPS-related inquiry, instruct them to contact the St. Louis RO directly by
 

5.  Jurisdiction for REPS Claims

Change Date

  
May 8, 2019

XII.ii.3.A.5.a.  Jurisdiction for REPS Claims

  
The St. Louis RO manages the processing of REPS claims.
 
ROs must e-mail (to REPS.VBASTL@va.gov) or fax ((844) 537-7818) all VA Forms 21P-8924 and REPS-related correspondence without establishing end product control or taking any further action.