Overview
In This Section |
This section contains the following topics:
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1. General Information on Handling Allowance, Allotments, or Service Pay Under 38 U.S.C. 5110(j)
Introduction |
This topic contains general information on handling allowances, allotments, or service pay under 38 U.S.C. 5110(j), including
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Change Date |
July 12, 2015
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IV.iii.3.H.1.a. Provision for In-Service Death Under 38 U.S.C. 5110(j) |
The provisions of 38 CFR 3.400(c)(1) and 38 U.S.C. 5110(j) apply in all in-service death cases.
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IV.iii.3.H.1.c. Definition of Payments From the Service Department |
As used in this section, the term “Payments from the service department”means allowances, allotments, or service pay of the deceased that the claimant received or is entitled to receive.
Reference: For more information on the commencement of the period of payment, see 38 CFR. 3.31.
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IV.iii.3.H.1.d. Information About Basic Pay Data From a Service Department |
Basic pay data, from the appropriate service department, is needed to determine a surviving spouse’s entitlement to DIC.
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IV.iii.3.H.1.f. Determining the Amount of Service Pay |
Base the determination of service pay paid to the claimant on a statement from the fiduciary or the court of jurisdiction
Before making a determination,
Note: The provisions in this section apply regardless of whether the claimant and fiduciary of the estate are separate individuals or are one and the same individual.
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2. Determining the Effective Dates of Claims Involving Payment Under 38 U.S.C 5110(j)
Introduction |
This topic contains information on determining the effective dates of claims involving payment under 38 U.S.C. 5110(j), including information on determining the effective date for
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Change Date |
December 13, 2005
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IV.iii.3.H.2.a. Effective Date for Claims Filed More Than One Year After Initial Report or Finding |
If the claim is filed more than one year after the date the report or finding was made, the commencing date is the date the claim was filed if otherwise in order.
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IV.iii.3.H.2.b. Effective Date for Claims Received Within One Year of the Report of Actual Death |
Use the table below to determine the effective date for claims received within one year of the date of a report of actual death.
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IV.iii.3.H.2.c. Effective Date for a Finding of Presumptive Death Corrected by a Report of Actual Death |
Use the table below to adjust the effective date when
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3. Award Action Involving Payment Under 38 U.S.C 5110(j)
Introduction |
This topic contains information on award action involving payment under 38 U.S.C 5110(j), including
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Change Date |
July 12, 2015
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IV.iii.3.H.3.a. Award Action Taken if Service Department Information Is Not of Record |
Do not delay adjudication of a claim for Death Compensation or DIC solely because information from the service department concerning the payment of an allowance, allotment or service pay of the deceased to his/her dependents is not of record.
Follow the steps below to complete an award action when service department information is not of record.
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IV.iii.3.H.3.b. Award Action Taken if Service Payment Data Is Furnished |
If the DD Form 1300, Report of Casualty, or other report or finding of actual death or DD Form 1515 contains the necessary information with regard to the beneficiary-claimant’s receipt of an allowance, allotment or service pay of the deceased
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IV.iii.3.H.3.c. Correction of the Date of Death in a Prior Award |
If a report of actual death is received correcting the date of death shown in the previous report
Note: If the award must be amended to adjust the commencing date
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IV.iii.3.H.3.d.Consideration for Apportionments |
Do not authorize an award of an apportioned share of Death Compensation or DIC to, for, or on account of, a child for any period during which the payment of such benefit to the surviving spouse is barred by reason of the provisions of 38 U.S.C. 5110(j).
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IV.iii.3.H.3.e. Consideration of Payments to Children or Parents With No Surviving Spouse |
In cases in which there is no surviving spouse, and payment of Death Compensation or DIC to only one child or parent is barred during any period by reason of the provisions of 38 U.S.C. 5110(j), authorize payments during that period for the other children or parent, if otherwise in order, but only at the rate payable if all children or both parents were receiving payments.
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Change-July-12-2015-Transmittal-Sheet-M21-1IV_iii_3_SecK-New-H_TS.docx | May 21, 2019 | 39 KB |
Historical_M21-1IV_iii_3_SecK_12-13-2005.doc | May 21, 2019 | 75 KB |
Transmittal-Sheet-12_13_05.doc | May 21, 2019 | 62 KB |
in Chapter 3 Authorization and Notification in DIC and Death Compensation Claims, Part IV Compensation, DIC, and Death Compensation Benefits, Subpart iii Dependency and Indemnity Compensation (DIC) and Death Compensation
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