Overview
In This Chapter |
This chapter contains the following topics:
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1. General Information on Eligibility Under 38 U.S.C. 5121
Introduction |
This topic contains general information on eligibility to accrued benefits, including
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Change Date |
February 19, 2019
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VIII.1.1.a. Definition: Accrued Benefits |
Accrued benefits are benefits due to the beneficiary but not paid prior to death.
Reference: For more information on entitlement to accrued benefits, see
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VIII.1.1.b. Basic Eligibility for Accrued Benefits |
If death occurred on or after December 1, 1962, monetary benefits, other than insurance and servicemembers’s indemnity, may be authorized.
Payment may be made for benefits
Important: The evidence in the file at the date of death must be evidence related to a claim that has not been finally adjudicated. To be considered “in file,” the evidence must be in the Department of Veterans Affairs’ (VA’s) possession.
Exception: A claimant eligible for accrued benefits, upon a grant of a request to substitute, may continue the initial claim, supplemental claim, higher-level review, legacy appeal, or appeal on behalf of the deceased claimant for purposes of processing the initial claim, supplemental claim, higher-level review, legacy appeal or appeal to completion.
References: For more information on
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2. Pending Claims
Introduction |
This topic contains general information on pending claims, including the definitions of
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Change Date |
February 19, 2019
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VIII.1.2.a. Definition: Claim Pending at the Date of Death |
A claim pending at the date of death means a claim that had not been finally adjudicated on or before the date of death, including a deceased claimant’s
Reference: For more information on the definition of claims pending at the date of death, see
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VIII.1.2.b.
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A legacy appeal pending at the date of death means a deceased claimant’s
Notes:
References: For more information on
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3. Elections and Automatic Increases Pending on the Date of Death
Introduction |
This topic contains general information on elections and automatic increases pending on the date of death, including
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Change Date |
May 7, 2009
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VIII.1.3.a. Elections Not Acted Upon at Time of Death |
Treat an election by the deceased beneficiary not acted on at the time of death as though the decedent was still living.
Note: Pay any increase as accrued under 38 U.S.C. 5121.
Reference: For more information on elections, see M21-1, Part III, Subpart v, 4.
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VIII.1.3.c. Automatic Increases Not Effected Prior to Death |
Failure to make an automatic adjustment to authorize an increased rate payable on a Veteran’s award may be the basis for payment of accrued benefits.
When making the award of accrued benefits payable, authorize the increase as if the action had been timely taken, subject to the two-year limitation on the period concerned if death occurred prior to December 16, 2003.
The amount payable as accrued lump sum from funds withheld from a minor or incompetent beneficiary is not affected by an automatic increase, since the automatic increase is payable as accrued only under 38 U.S.C. 5121.
References: For more information on
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4. Evidence in File
Introduction |
This topic contains general information on the evidence in the file, including
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Change Date |
September 29, 2015
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VIII.1.4.a. General Policy Information |
Do not request rating action for accrued purposes unless evidence was in the file at the date of death to establish entitlement.
The rating activity is responsible for determining if the medical evidence necessary for a rating determination was in the file at the date of death.
Authorization determines if all other evidence necessary to support an award was on file at the date of death.
Note: Evidence showing that the claimant is an eligible person to receive accrued benefits does not need to be in the file at the date of death.
References: For more information on
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5. Entitlement on the Basis of Relationship
Introduction |
This topic contains information on entitlement on the basis of relationship, including
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Change Date |
July 27, 2015
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VIII.1.5.a. Entitlement to Accrued Benefits |
Entitlement to accrued benefits vests according to the line of succession established by law. The fact that a preferred beneficiary fails to file or prosecute a claim does not permit payment of his/her share of accrued benefits to a person or persons having an equal or lower preference. A waiver of right also does not permit such payment.
Reference: For more information on the line of succession, see 38 CFR 3.1000(a).
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VIII.1.5.b. Upon the Death of a Veteran |
Upon the death of a Veteran, accrued benefits are payable to the living person first listed below.
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VIII.1.5.c. Upon the Death of a Surviving Spouse or Child |
The table below lists the person(s) entitled to accrued benefits upon the death of a surviving spouse or child.
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VIII.1.5.d. Rights of Persons Having Lower Preference |
When a person having preferred entitlement dies, forfeits entitlement or otherwise becomes disqualified before receiving and negotiating the check for his/her share of the accrued benefit, pay the next person entitled based on relationship or reimbursement, if a claim is timely filed.
Reference: For more information on forfeiture, see 38 CFR 3.669.
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VIII.1.5.e. Payment to Estate of Preferred Claimant |
If a person having preferred title has filed a claim, established entitlement, and died before payment and no other person within a permitted class or relationship survived, the accrued amount becomes payable as reimbursement to that individual’s estate if he/she was the payer of the expenses of last illness and burial of the deceased beneficiary.
Reference: For more information on claims for reimbursement, see M21-1, Part VIII, 5.11.
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Change-July-27-2015-Transmittal-Sheet-M21-1VIII_1_TS.docx | May 18, 2019 | 41 KB |
Historical_M21-1VIII_1_9-29-15.docx | May 18, 2019 | 44 KB |
05_07_09.doc | May 18, 2019 | 54 KB |
M21-1VIII_1_TS.doc | May 18, 2019 | 145 KB |
Historical_M21-1MRVIII_1_05-07-2009.docx | May 18, 2019 | 50 KB |
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