M21-1, Part III, Subpart vi, Chapter 6, Section A – General Information on Contested Claims

In This Section

Introduction

• definition of a contested claim
• apportionment claims
• claims involving a contested relationship
• other types of contested claims, and
• claims for the payment of attorney fees from past-due benefits.

Change Date

III.vi.6.A.1.a.  Definition:  Contested Claim

• a favorable decision on one claim requires

• the denial of a claim from a separate claimant, or
• payment of a lesser benefit to a separate claimant, and

• one claimant may contest
  • the other claimant’s entitlement to that benefit, or
  • payment of that benefit to the other claimant.

III.vi.6.A.1.b.  Apportionment Claims

III.vi.6.A.1.c.  Claims Involving a Contested Relationship

• allege to be a deceased Veteran’s legal surviving

• spouse
• mother, or
• father, and

• file a formal claim for the same benefit.

III.vi.6.A.1.d.  Other Types of Contested Claims

• Consider evidence in support of a claim a protest.
• A protest against payment must be based on the claimant’s assertion of his/her own entitlement.
• One claimant’s assertion that another claimant does not deserve a benefit is not a valid protest.

• The natural mother of a Veteran protests the payment of Parents’ Dependency and Indemnity Compensation to the Veteran’s adoptive mother and claims that she, as the natural mother, is the parent whom VA should recognize as the legal surviving mother.
• A person files a claim for accrued benefits as the payer of the expenses of a Veteran’s last illness and burial and alleges the other claimant for accrued benefits is not the Veteran’s legal surviving spouse.

III.vi.6.A.1.e.  Claims for the Payment of Attorney Fees From Past-Due Benefits

Change Date

III.vi.6.A.2.a.  Handling a Claim That Is in Contest With a Pending Claim or the Payment of Benefits in a Running Award