Pete Asked This -forget Where ?

[Berta]

This idea of substitution grew from the Veterans Benefits Improvement Act of 2008.

She should cite the above act ( it is statute) and also 38 USCS 5121 (A) and ask that she be substitued for the claimant who is deceased.

This new substitution is only for deaths occuring after October 10, 2008 and is in essense the same idea as the accrued benefit claims many widows file as part of the 21-534 form.

It is only applicable if the deceased veteran had a claim pending with VA at time of death.

It is intended to assure that the survivor's claim for accrued benefits wont start at day one- as they did in the past but could pick up where the veteran themselves left off.

For example my husband died with 2 claims in the rating board hours before he died because he called that AM to get a status.

I had to start from day one by formally re-opening these claims which were awarded 3 years later.If they had substituted me as claimant the claims might have gone faster-the purpose of this new regulation- might-

As of publication of information as to this reg in the 2009 VBM -NVLSP stated the regs had not been formally put into 38 CFR yet. They should be in it by now I think.

One additional fairly new aspect of accrued benefit laws is that-for all deaths occuring on or after Dec 16,2003-the suvivor is entitled to ALL benefits due the veteran.

Accrued benefits derive only if a formal 21-534 has been filed within one year after death of the veteran. There are no exceptions to that reg.

And their award depends on medical evidence that supports the veteran's pending claim.No pending claim- no accrued benefits are possible.

The VA with award of accrued benefits substracts any prior comp from them which the veteran received before cutting the check to the survivor.

[akwidow]

Isn't there an exception to this rule - as when a cue has occurred on a closed denied claim and the veteran is dead?

[Berta]

That is a good question akwidow-

I wish I knew the answer and wish I could find the actual regulations-

This is a little more info I found from the Texas Veterans Commission.

http://74.125.93.132/search?q=cache:EpO70r...lient=firefox-a

[akwidow]

I'll be looking...and share when I find the regs.

[Tbird]

i think this is the link to the us code explaining it http://www4.law.cornell.edu/uscode/38/5121.html