Overview of the Restored Entitlement Program for Survivors (REPS)

In This Section

Introduction

• origin of REPS
• relationship between Public Law (PL) 97-35 and REPS, and
• unique nature of REPS.

Change Date

XII.ii.3.A.1.a. Origin of REPS

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

• 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.

• 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

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

Introduction

• applying for REPS benefits
• basic eligibility requirements
• who is eligible for REPS benefits
• ineligibility of former spouses
• establishing eligibility based on
  • service-connected (SC) death, and
  • death after separation from service
• considering character of discharge
• establishing eligibility in special circumstances, and
• establishing basic eligibility in wartime missing-in- action (MIA) cases.

Change Date

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

XII.ii.3.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.

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

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

XII.ii.3.A.2.f. Establishing Eligibility Based on 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.

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

XII.ii.3.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).

XII.ii.3.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 on or after August 13, 1981.

Introduction

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

Change Date

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

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

Change Date

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

Change Date

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