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VA General Counsel Precedent Opinions |
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PREC 07-98 REPS (Restored Entitlement Program for Survivors) Effective Dates
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PREC 07-98 REPS (Restored Entitlement Program for Survivors) Effective Dates Citation: Vet. Aff. Op. Gen. Couns. Prec. 7-98, VAOPGCPREC 7-98, 1998 QUESTIONS PRESENTED: a. Where eligibility under the Restored Entitlement Program for Survivors (REPS) is based on service connection established under a Department of Veterans Affairs (VA) regulation establishing a presumption of service connection for a disease, is the effective date of the award of REPS benefits limited by the effective date of the regulation establishing the presumption? b. If, pursuant to the Nehmer stipulation, an award of dependency and indemnity compensation (DIC) is made effective prior to the effective date of the VA regulation establishing presumptive service connection for the cause of death, is the effective date of an award of REPS benefits also governed by the Nehmer stipulation?
HELD: In the case of a member or former member of the Armed Forces who died on active duty prior to August 13, 1981, or who died form a service-connected disability which was incurred or aggravated in service before such date, the Department of Veterans Affairs (VA) is authorized, under Pub. L. No. 97-377, § 156, 96 Stat. 1830, 1920 (1982), and 38 C.F.R. § 3.812, to award benefits under the Restored Entitlement Program for Survivors (REPS) to the member or former member’s surviving spouse or child for all periods in which such spouse or child meet the eligibility requirements for such benefits. If a claimant meets the statutory requirements governing eligibility for REPS benefits, the fact that service connection for a former member’s death has been established pursuant to regulatory presumptions of service connection which became effective subsequent to the initial period of eligibility does not limit VA’s authority to award REPS benefits retroactive for all periods of eligibility. |
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