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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 Services Office (CVSO)
The CVSO provides information and assistance for filing VA claims for compensation, hospitalization, pensions, and other benefits which may be available to applicants or recipients for public assistance.
Office of Veterans Services
68 N. Winchester Blvd.
Santa Clara, CA 95050
(408) 918-4980 or (408) 553-6000
vets@vets.sccgov.org
Hours: 8 am to12 pm and 1 pm to 5 pm
Appointments are recommended
Referrals
Referrals on Medi-Calonly cases must be made using the “Military Verification and Referral Form” (MC 05). Cash-aid program referrals must be made using the “Veterans Benefits Verification and Referral” form (CW 5).
When completing the MC 05 or the CW 5, the following information MUST, at a minimum, be provided:
- Social Services case number and Aid Code,
- Veteran’s name (first and last),
- Veteran’s SSN,
- Branch of Service the veteran served under (dates of service are not required).
CVSO has requested that all referrals be emailed to their office. Their email address is: vets@vets.sccgov.org.
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 Referrals
In the following situations the EW must email the MC 05 or the 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 veteran’s SSN and date of birth, Serial Number, or VA 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.
- The Veteran's Information (Section 1) of the MC 05 or CW 5 cannot be completed.
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.
Eligibity Worker (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 MC 05 or CW 5 referral. Specific instructions for completing the referrals 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 MC 05 or CW 5 for emailing and also save to Imaging, under Benefits, F2.
- Use the DEBS Referral App to email the completed MC 05 or CW 5 directly to the CVSO at vets@vets.sccgov.org and include "MC 05” or “CW 5 " in the "Subject" line.
- When a referral is deemed inappropriate, document the reason on the Journal Detail page in CalSAWS and scan the MC 05 or CW 5 into Imaging, under Benefits, F2.
- Set a reminder on the case 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 MC 05 or CW 5 is returned by the CVSO and have the MC 05 or CW 5 scanned into Imaging under Benefits, F2.
If... |
Then... |
The MC 05 or CW 5 is returned by CVSO indicating a claim has been initiated, |
The EW must tickler the case for a 90 day follow-up. |
If at the end of 90 days, a response has not been received indicating the disposition of the claim, |
The EW must: 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. If neither CVSO or the recipient has received any information regarding the claim, the EW must tickler the case 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 MC 05 or CW 5 document on the Journal Detail page of CalSAWS and take appropriate action.
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