Veterans Benefits

A veteran is defined as an individual who has been a member of a military, naval or air service during wartime; or died while in the military; or has a service connected disability; and has been discharged or separated from active duty.

An individual is not eligible for Veterans' Benefits if he/she is currently on active duty.

County Veterans Service Office (CVSO)

The CVSO provides information and assistance for filing with the Veterans Administration claims for compensation, hospitalization, pensions, and other benefits which may be available to applicants or recipients for public assistance.

Referral

The EW must use the “Veterans Benefits Verification and Referral Form” (CW 5) for all referrals to the CVSO. Complete the CW 5 in accordance with the procedure outlined in this section, when the possibility of Veterans Benefits exists.

Veteran's Dependents

The following persons are considered to be a veteran's dependents:

The spouse of the veteran if:
- Currently married or separated but not divorced.
- Divorced but not remarried.
- Legally married at the time of veteran's death.
- Divorced from veteran and any subsequent marriage(s) were terminated prior to the veteran's death.
The parents of the veteran.
Any natural or legally adopted child(ren) or stepchild(ren).

Required Referral

In the following situations the EW must e-mail the “Veterans Benefits Verification and Referral Form” (CW 5) to the CVSO:

At Intake, if the client indicates a connection with the military or potential veteran's benefits.
At redetermination, if the client reports new information or a change in status which indicates possible eligibility for veteran's benefits.
Any other time that additional information indicates possible veterans benefits.

Referral NOT Required

A referral is not appropriate in the following circumstances:

The person is on active duty in the Armed Forces, or if his/her only service was in the Merchant Marine or National Guard.
The divorced spouse does not have the veteran's legal dependent in his/her custody.
The Social Security Number and date of birth, Serial Number or Veterans Administration Claim Number is not available.
There is no legal relationship between the claimant and the veteran, and it has been determined that paternity cannot be established.
- Note: California is not a “common-law” state. An alleged wife must produce a marriage certificate to support her claim. An alleged widow who does not have a marriage certificate must provide evidence that a marriage was established in a “common-law” state.
- An illegitimate child can be recognized as a dependent or surviving child of a veteran only if the veteran acknowledged paternity in writing or if paternity was established by a court order. In the case of a deceased veteran, paternity can be established by secondary evidence. A referral to CVSO for assistance in developing secondary evidence should be completed.
The Veteran's Information (Section 1) of the CW 5 cannot be completed.

EW Responsibility

The EW must take the following steps:

Review with the client the question on the SAWS 2 Plus that indicates a military connection or potential veteran's benefits.
Advise the applicant/recipient that exploration of potential income sources is a condition of eligibility.
Complete the CW 5. Specific instructions for completing the CW 5 are on the back of the form (disregard the "Distribution and Filing of the CW 5" portion of the instructions).
Scan a copy of the CW 5 for e-mailing and also Image into the case.
E-mail the completed CW 5 directly to the CVSO at VETS@VETS.SCCGOV.ORG and include"CW 5 " in the "Subject" line.
When a referral is deemed inappropriate, document the reason on the Journal Detail page in CalSAWS and Image the CW 5 into the case.
Set a Reminder for a 30-day follow-up. If a response has not been received from the CVSO, call CVSO at (408) 553-6000 to request the status of the referral.
Take appropriate action when the CW 5 is returned by the CVSO and have the CW 5 Imaged into case.
1. If he CW 5 is returned by CVSO indicating a claim has been initiated, the EW set a Reminder for a 90 day follow-up.
2. If at the end of 90 days, a response has not been received indicating the disposition of the claim, the EW must:
  1. Contact the CVSO to determine what, if any, communication has been received from the Veterans Administration regarding the claim, or If CVSO has no information regarding the claim, contact the recipient to determine if they have received a determination from the Veterans Administration.
  2. If neither CVSO or the recipient has received any information regarding the claim, the EW must set a Remindor for follow-up again in 30 days
Repeat step 8 as often as necessary until a decision has been received.
Once the decision on the claim has been received and verified by viewing the completed CW 5, document on the Journal Detail page of CalSAWS and take appropriate action.

Treatment of Veterans' Benefits

Veterans' Benefits are social insurance payments.

Retroactive payments are unearned lump sum income and should be treated as property.