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Deceased Veteran Posthumus Comp Award?

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wfsndkm

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Can a spouse file a claim for her husband for compensation due to shrapnel injury from Korean war??

What would this % be, 10 or so..... :huh:

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If the veteran had a claim for SC pending at death , the surviving spouse can re-open the claim for accrued benefits.

Accrued Benefits are part of the DIC application.

The spouse will have to cotinue to support the accrued benefits claim.

My husband died with 2 claims pending at death- I re-opened them and succeeded on them-

the accrued compensation award was based on the medical evidence in the C file at time of his death.

Accrued benefits to survivors depend on filing a formal 21-526 application within one year after the veteran's death.

"Accrued benefits are periodic monetary benefits under VA laws

to which the veteran was entitled at death under existing

ratings or decisions, or those based on evidence in file at

the date of death. 38 U.S.C.A. § 5121; 38 C.F.R. § 3.1000.

Upon the death of a veteran, accrued benefits are paid first

to any living spouse of the deceased veteran, then to any

living children, then to the veteran's dependent parents or

surviving parent. In all other cases, only so much of the

accrued benefit may be paid as may be necessary to reimburse

the person who bore the expense of last sickness or burial.

38 U.S.C.A. § 5121(a); 38 C.F.R. § 3.1000(a). In order for a

claimant to be entitled to accrued benefits, the veteran must

have had a claim pending at the time of death. Jones v.

West, 136 F.3d 1296 (Fed. Cir. 1998)."

http://www.va.gov/vetapp08/files1/0801739.txt

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Here is the other legal citation:

"an "[a]pplication for accrued benefits must be

filed within one year after the date of death." 38 C.F.R. §

3.1000 © (2007)."

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