Va Fl 10-30

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NOTE:

VA_Fast_Letter_10-30.pdf

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Washington, D.C. 20420

August 10, 2010

Director (00/21)

All VA Regional Offices and Centers

In Reply Refer to: 211

Fast Letter: 10-30

SUBJ: Substitution of Party in Case of Claimant's Death

This Fast Letter supplements the information on substitution of parties previously provided in Fast Letter 09-15. It also provides guidance on processing claims involving substitution of parties. At this time, we are lifting the stay on processing such claims.

Background

Section 212 of the Veterans' Benefits Improvement Act of 2008, Public Law 110-389 (VBIA 2008), added 38 U.S.C. § 5121A, Substitution in case of death of claimant, which provides, in part, that if a claimant dies while a claim or appeal is pending:

[A] living person who would be eligible to receive accrued benefits due to the claimant under [subsection (a) of the accrued benefits statute] 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.

This section applies to pending claims or appeals in which the original claimant died on or after October 10, 2008, and a request to be substituted is received within one year of the claimant's death. It does not apply to claims where notice of the decision was provided prior to death of the claimant and no appeal was filed prior to death.