Substitution of Claimant
Veterans often wait years to receive VA benefits. All claims to benefits used to end with the veteran’s death, but a new law allows family members to step in. It's an imperfect solution, so survivors will need a knowledgeable guide to help them navigate the claims process.
Veterans often die when a claim for VA benefits is still in process. The relative of the veteran who would have been a dependent beneficiary may file a claim to substitute for the veteran and continue the process of completing the claim.
As with most things when you are dealing with the VA, if you have any questions or concerns about your eligibility to receive benefits at any time, you should write a letter to your VA Regional Office and state your questions or concerns clearly. Making telephone calls or asking other people about benefits isn't as effective as writing directly to the VA.
There are examples of how to write to the VA here and templates are located here.
The bottom line: If your veteran dies and you believe that there is any chance that a claim for benefits was being worked on by VA, don't waste any time. Write to VA and state your thoughts clearly. That is the only way to receive a clear answer.
If a VA
claimant dies (After October 10, 2008) and a VA benefit is pending,
a living person eligible to receive accrued benefts under 38 U.S.C.S. §
5121(a) may file a request to be substituted for the deceased
claimant.
The request must be fled with the VA not later than one year after the claimant’s death.
SEC. 212. SUBSTITUTION UPON DEATH OF CLAIMANT.
(a) Substitution-
(1) If a claimant dies while a claim for any benefit under a law administered by the Secretary, or an appeal of a decision with respect to such a claim, is pending, a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title may, not later than one year after the date of the death of such claimant, file a request to be substituted as the claimant for the purposes of processing the claim to completion.
(2) Any person seeking to be substituted for the claimant shall present evidence of the right to claim such status within such time as prescribed by the Secretary in regulations.
(3) Substitution under this subsection shall be in accordance with such regulations as the Secretary may prescribe.
(b) Limitation- Those who are eligible to make a claim under this section shall be determined in accordance with section 5121 of this title.
(b) Clerical Amendment- The table of sections at the beginning of chapter 51 is amended by inserting after the item relating to section 5121 the following new item:
5121A. Substitution in case of death of claimant.
(c) Effective Date- Section 5121A of title 38, United States Code, as added by subsection (a), shall apply with respect to the claim of any
claimant who dies on or after the date of the enactment of this Act..
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