Overview
In This Chapter |
This chapter contains the following topics:
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1. General Information on Accrued Rating Decisions
Introduction |
This topic contains general information on accrued rating decisions, including
|
Change Date |
February 19, 2019
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VIII.4.1.a. When to Make Accrued Rating Decisions |
Address accrued in a rating decision when, after the original claimant’s death, there is
Notes:
References: For more information on
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VIII.4.1.b. Procedures Governing Accrued Rating Decisions |
Accrued rating decisions are governed by the same procedures applicable to other ratings.
Reference: For more information on general rating decision procedures, see M21-1, Part III, Subpart iv.
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VIII.4.1.c. Determining the Retroactive Period Based on the Date of Death |
The table below shows the limitations in the retroactive period covered by the rating decision based on the date of the original claimant’s death.
Exception: When accrued benefits are payable to the survivors or estate of aNehmer class member under 38 CFR 3.816(f), there is no limitation in the retroactive period, regardless of the date of death.
References: For more information on
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VIII.4.1.e. Consideration of Evidence for Requests for Substitution |
Review the table below to determine what evidence to consider in the rating decision.
Note: The monetary benefit sought in both situations is called an accrued benefit.
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VIII.4.1.f. Obtaining All Evidence for Accrued Claims |
The following evidence must be in the claims folder even if the reports are not reduced to writing or are not physically placed in the claims folder until after death:
References: For more information on
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VIII.4.1.g. Payment of Accrued Benefits for the Month of Death |
The Veteran’s rate for the month of death is generally not payable as an accrued benefit. It is available only to the surviving spouse under 38 U.S.C. 5110(d) and 38 U.S.C. 5310.
A rating decision is required, however, if it is needed to establish the Veteran’s rate of benefits for the month of death for payment purposes for the surviving spouse under 38 U.S.C. 5310.
References: For more information on
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2. Preparing the Rating Decision
Introduction |
This topic contains information on accrued rating decisions, including
|
Change Date |
February 19, 2019
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VIII.4.2.a. Format for an Accrued Rating Decision |
Prepare an accrued rating decision in the same format as a rating decision for disability or survivor benefits.
Reference: For more information on completing the rating decision narrative, seeM21-1, Part III, Subpart iv,6.C.
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VIII.4.2.c. Handling the Accrued Rating Decision |
Use the information in the table below to handle the accrued rating decision.
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VIII.4.2.d. Preparing the Coded Conclusion for Accrued Claims |
Prepare the coded conclusion in the same manner as for live or survivor cases.
Reference: For more information about preparing the coded conclusion, see M21-1, Part III, Subpart iv, 6.E.
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Historical-M21-1VIII_4-old-3-07-28-15.doc | May 18, 2019 | 168 KB |
1-18-17_Key-Changes-M21-1VIII_4.docx | May 18, 2019 | 39 KB |
2-19-19_Key-Changes_M21-1VIII_4.docx | May 18, 2019 | 45 KB |
pt08_ch03_TS_1-13-10.doc | May 18, 2019 | 39 KB |
Historical_M21-1MRVIII_3_05-18-2015.docx | May 18, 2019 | 60 KB |
Historical_M21-1MRVIII_3_05-18-2015-1.docx | May 18, 2019 | 60 KB |
03_01_06.doc | May 18, 2019 | 28 KB |
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