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Updated Feb 17, 2022

In This Section
This section contains the following topics:
 

 

1.  Handling Claims for REPS Benefits When the Deceased Veteran’s Claim Folder Exists

Introduction
This topic contains information on handling claims for REPS benefits when the deceased Veteran’s claim folder exists, including

Change Date

   May 8, 2019

XII.ii.3.B.1.a.  Actions Following Receipt of a REPS Claim

  
Following receipt of a claim for Restored Entitlement Program for Survivors (REPS) benefits, the St. Louis Regional Office (RO) takes the following actions when the deceased Veteran’s claims folder exists:
Note:  ROs other than the St. Louis RO that receive REPS-related correspondence or a claim for benefits under REPS must forward them to the St. Louis RO according to the instructions in M21-1, Part XII, Subpart ii, 3.A.5.a.

XII.ii.3.B.1.b.  EPs for Controlling REPS Claims

  
The St. Louis RO uses the EPs referenced in the table below to control claims for REPS benefits.
 
If …
Then the St. Louis RO establishes EP …
no prior claim for survivors benefits, such as Dependency and Indemnity Compensation (DIC) or pension, has been filed
140, Initial S/C Death.
  • the issue of service connection (SC) was not considered in connection with a previous claim for survivors benefits, or
  • the date the disability was incurred or aggravated cannot be determined without additional rating action
020, REPS Reopen.
  • SC was properly decided previously, and
  • an award adjustment is necessary
290, REPS.
 

 

2.  Authorization Activity Determinations of Basic Eligibility

Introduction

  
This topic contains information on authorization activity determinations of basic eligibility, including
Change Date
  
May 8, 2019

XII.ii.3.B.2.a.  Memorandum Decision Holding That There Is No Basic Eligibility

  
The St. Louis RO’s authorization activity prepares a memorandum decision holding that there is no basic eligibility for REPS benefits if any of the following conditions exist:
  • the earliest entry-on-duty date of the person on whose service the claim is based is after August 12, 1981, or
  • DIC entitlement was established
Reference:  For more information on DIC entitlement as if death was SC, see 38 CFR 3.812(c).

XII.ii.3.B.2.b. Approving REPS Authorization Determinations

  
After preparing a memorandum decision indicating whether or not REPS entitlement exists, the St. Louis RO’s authorization activity

XII.ii.3.B.2.c. Making LOD Determinations for REPS claims

  
If death occurred in service, line of duty (LOD) is not a factor.
 
An LOD determination is required when death occurs after active service and character of discharge (COD) is a bar to Department of Veterans Affairs (VA) noncontractual benefits.
 
If LOD for the in-service disability that caused or contributed to the Veteran’s post-service death is established, the St. Louis RO refers the claim to its rating activity.
 
Reference:  For more information on death after separation from service, see M21-1, Part XII, Subpart ii, 3.A.2.f.

 

3.  Rating Claims for REPS Benefits

Introduction

  
This topic contains information on rating claims for REPS benefits, including information on determining basic REPS eligibility
Change Date
  
May 8, 2019

XII.ii.3.B.3.a. Determining Basic REPS Eligibility by a Formal Death Rating

  
The St. Louis RO’s rating activity determines basic REPS eligibility by a formal death rating if no previous claim for survivors benefits has been filed and one of the following applies:
  • a previous rating was not made because
    • COD was a bar, and
    • the authorization activity has established the disability was incurred in the LOD
  • the Veteran was released from active duty after August 12, 1981, or
  • death occurred in service after August 12, 1981.
Note:  If the rating activity determines that the disability that resulted in SC death had its onset before August 13, 1981, basic REPS eligibility exists.
 
Reference:  For more information on making LOD determinations for REPS claims, see M21-1, Part XII, Subpart ii, 3.B.2.

XII.ii.3.B.3.b. Determining Basic REPS Eligibility When Death Occurred in Service After August 12, 1981

  
If death occurred in service after August 12, 1981, the St. Louis RO’s rating activity must review the service treatment records to determine if the disease or injury that resulted in or contributed to death had its onset before August 13, 1981.
 
Basic REPS eligibility exists if the condition that caused death had its onset before August 13, 1981.
 

 

4.  Actions to Take After Determining Basic Eligibility

Introduction

  
This topic contains information on the actions to take after determining basic eligibility, including

Change Date

  
May 8, 2019

XII.ii.3.B.4.a.  Notifying Claimants of REPS Disallowance

  
If the Veteran’s death is nonqualifying, the St. Louis RO
  • disallows the claim, and
  • notifies the claimant of the specific reason for the administrative denial.
Note:  Existing VA review rights will apply for these cases.

XII.ii.3.B.4.b.  Handling Disagreements With Decisions Involving REPS

  
The St. Louis RO’s REPS Unit handles all disagreements with denials of eligibility to REPS benefits.
 
References:  For more information on