Contact VAWatchdog

Email Jim Strickland

<jim912@gmail.com>

Fax us toll free

1-888-658-5058

​Find Jim on Facebook


Substitution of Claimant

Department of Veterans Affairs Disability Claims

Continuing the Claim of a Deceased Veteran


VAWatchdog​

America's Leading Resource For
Military Veterans News & Benefits Information 

Over Ten Years of Service to America's Military Veterans

Since 2005 This Is The Site VA Reads When They

Want To Learn What They've Been Doing

Welcome Aboard!


SEC. 212. SUBSTITUTION UPON DEATH OF CLAIMANT.
(a) In General- Chapter 51 is amended by inserting after section 5121 the following new section:
‘Sec. 5121A. Substitution in case of 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.



Things You'll Need













VA Form 21-526EZ

File A Claim
For...
Disability Service Connection
Secondary Service Connection

IncreasedDisability Compensation

Temporary Total Disability Rating
 Individual Unemployability
Compensation under 38 U.S.C. 1151
 Special Monthly Compensation
Specially Adapted Housing

Special Home Adaptation

Automobile Allowance/Adaptive Equipment
Benefits Based on a Veteran's
Seriously Disabled Child


VA Form 21-0958 - NOD
​Notice of Disagreement


VA Form 21-534 EZ
Application for DIC, Death Pension

Change of Address​

TDIU Annual - VA Form 4140


Declaration of Status
of Dependents
VA form 21-686c


How To Apply For SSDI


The Schedule For Rating Disabilities


How To Apply For TDIU Unemployability


Disability Benefits Questionnaires (DBQ's) 


How To Apply For A Disability Rating


How To Apply For An Increase


Military Personnel Records


Mail your forms, documents

and evidence here...

Department of Veterans Affairs

Claims Intake Center

PO Box 5235

Janesville, WI 53547-5235


Toll Free Fax: 844-822-5246

We recommend that you mail a copy

and then fax a copy! Yes, it's twice the

work but maybe VA will only lose one

and the other will be processed.

Remember: Use Certified Mail!


The Veterans Law Library


U.S. Medicine


Veterans Benefits Administration
Fact Sheets


Benefits.gov

The M21-1MR


The CFR


TDIU


SMC


Veterans Benefits Administration

Benefit Brochures






vets.gov


va.gov


evet


ebenefits





Vietnam War
Resources

VA’s Airborne Hazards and

Open Burn Pit Registry for

Veterans and Servicemembers

Home Based Primary Care (HBPC)


Your VA Claim
If you haven't figured it out by now,
it's time to realize you're involved in a giant paper shuffle
and this IS NOT a spectator sport.
Put down your gun
and pick up your keyboard.
The battlefield has changed.

Hadit.com


Speak With A

Veterans Law Attorney

An Expert Physician

or a

Veterans

Clinical Psychologist

TODAY!

Case Evaluations Are

Always Free!



Timeliness

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.


Substitution In Case of Death of Claimant
The
Veterans Benefits Improvement Act of 2008 changed how survivors of veterans

 who die while a claim is pending can handle the claim.