Jump to content
  • momo-001.jpg


  • Advertisemnt

  • 14 Questions about VA Disability Compensation Benefits Claims


    When a Veteran starts considering whether or not to file a VA Disability Claim, there are a lot of questions that he or she tends to ask. Over the last 10 years, the following are the 14 most common basic questions I am asked about ...
    Continue Reading
  • Ads

  • Most Common VA Disabilities Claimed for Compensation:   


  • Advertisemnt

  • VA Watchdog

  • Advertisemnt

  • Ads

  • Can a 100 percent Disabled Veteran Work and Earn an Income?

    employment 2.jpeg

    You’ve just been rated 100% disabled by the Veterans Affairs. After the excitement of finally having the rating you deserve wears off, you start asking questions. One of the first questions that you might ask is this: It’s a legitimate question – rare is the Veteran that finds themselves sitting on the couch eating bon-bons … Continue reading

Sign in to follow this  

Accrued Benefits

Recommended Posts

My Father was awarded pension benefits approximately 16 months prior to his death in December 2009. However, because the VA determined that a convervator was needed--and because of the slowness of the process--a conservator was never actually appointed and no benefits were paid out before his death.

My question is: who gets the accrued benefits?

From my research on the VA website, it appears that the benefits would go to the children in equal shares (all children are grown with their own families and there is no surviving spouse).

My problem with this is that under my Father's will, the children did not receive equal shares and one child was completely disinherited. However, under the apparent VA distribution scheme, all the children would get the same amount.

This makes little sense to me, because had the benefits actually been paid to me before his death, there would be no question that they would be distributed in accordance with his will.

Neverthless, I present this situation to you good folks to confirm what I think is the case: that all the children will receive equal shares, regardless of what the will states.

Am I correct?

Thank you for your help.

Share this post

Link to post
Share on other sites


Welcome to Hadit.

Other's will chime in.


Share this post

Link to post
Share on other sites

"From my research on the VA website, it appears that the benefits would go to the children in equal shares (all children are grown with their own families and there is no surviving spouse)."

That would be possible for any SC accrued under Nehmer AGent Orange claims .

I am not aware of any other type of accrued that would be payable to next of kin.

Did he have a living spouse?

Who filed an accrued claim after his death? What response has the VA made regarding that claim?

Can you post a link to the part of the VA web site where you found the above info?

Share this post

Link to post
Share on other sites

Welcome to Hadit and once again the VA has screwed more people.

Unfortunately the VA is going to do things their way and if the kids want any money they will need to act together.

If the Dad left a will than the executor should proceed and obey the provisions in the will if the VA will go along with it.

Share this post

Link to post
Share on other sites

Did you mean this regulation?:

Accrued benefits

"Under 38 U.S.C.A. § 5121, a proper party is entitled to any

periodic monthly benefits under laws administered by the

Secretary to which the veteran was entitled at his death

under existing ratings or decisions, or those benefits based

on the evidence in file at the time of the veteran's death

which were due and unpaid preceding the veteran's death. See

38 U.S.C.A. § 5121; 38 C.F.R. § 3.1000. In Jones v. West,

136 F.3d 1296 (Fed Cir. 1998), the United States Court of

Appeals for the Federal Circuit held that the veteran must

have had a claim pending at the time of his death for such

benefits or else be entitled to them under an existing rating

or decision in order for a surviving spouse to be entitled to

accrued benefits. Applications for accrued benefits must be

filed within one year after the date of death. 38 U.S.C.A. §

5121©; 38 C.F.R. § 3.1000©."

I am puzzled whether this would apply to accrued NSC pension benefits as I dont see why it wouldnt.

I have never seen this type of claim before.

I suggest that someone as next of kin MUST apply within the first year after his death (by this December) for accrued benefits.

But also I suggest you get a vet rep who has knowledge of this type of benefit.

For over 20 years I thought it meant only SC claims and not pension and I could be wrong.

Also it says "proper party" which always meant spouse as I understood this and next of kin if spouse is deceased for all Nehmer AO claims.(Or Estate of veteran in AO accrued claims)

Share this post

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Sign in to follow this  

  • Our picks

    • Mere Speculation  Comp and Pen
      Hello Fellow Veteran 20 year retired disabled Navy veteran, quick ?? I am going for unemployability through the VA just had my comp and Pen, I do check off all the DBQ according to the therapist , but at the end of it she said in her opinion it would be mere speculation on rather I should get unemployability or not. What’s that mean thanks 
      • 9 replies
    • Man using HadIt name to collect funds -  Go FundMe shuts down campaign following Raleigh man's arrest for fraud
      I was interviewed for  this story. This gentlemen was using the HadIt name to collect funds for some non existent charity. "HadIt.com" is NOT a non-profit. "HadIt.com" will never have anyone collecting outside of Walmarts. If "HadIt.com" does not list a fundraiser on our site it is not affiliated with us. Please read the story and pass on that this person is NOT affiliated with "HadIt.com"

      Note: The text at the top of the video lists me as a nonprofit founder. HadIt.com is a for profit, it is not a non profit and this man is not associated with our site and none of the money he collected had anything to do with our site.


      Go FundMe shuts down campaign following Raleigh man's arrest for fraud 
      • 5 replies
    • Additional 100% Disabled Veteran Benefits

      If you reach 100% P and T there are more benefits available to you. This is by no means an extensive list and we recommend calling the Veterans Affairs at 1-800-827-1000 with any questions about the following benefits.

      Check your state benefits here

      Dental treatment for 100% disabled veteran benefits.

      Educational Assistance for Dependents: (under chapter 35) Must be rated a 100% disabled veteran by the VA.

      Civilian health and medical program for dependents/survivors (CHAMPVA). Must be rated a 100% disabled veteran by the VA.

      Specially Adapted Homes

      Veterans Mortgage Life Insurance: Decreasing term mortgage insurance up to $90,000 for veterans who have received a Specially Adaptive Housing grant and have an existing mortgage.

      Waiver of cost of Service Disabled life Insurance: and additional $20,000 of life insurance at cost to veteran. Veteran must have applied for insurance within two years of initial disability rating or within two years of a new disability rating. An increase in a disability rating does not qualify as a new disability.

      Commissary and Exchange privileges for veteran and dependents: The veteran must request a letter from the VA specifying veteran is in receipt of 100% disability, and then applies for a military ID card at the nearest ID card issuing facility.

      Emergency treatment in non-VA facilities: if VA facilities are not available.

      Annual Eye exams and prescribed eye wear

      Continue Reading
      • 1 reply
    • Type 1 Diabetes recent onset!
      I was diagnosed with Type 1 diabetes in September 2017 OUT OF NOWHERE.

      i am a Navy Reservist and deployed in later 2009 to mid 2010 and again later 2014 to mid 2015; had a 2 year recall between those deployments.  

      Only healthcare received since commissioning in 2008 was from the Navy and no issues EVER.

      insulin dependent and have dietary restrictions and in a non deployable status.

      VA denied initial claim due to Type 1 not showing on active duty and now appealing.

      Anyone with successful experience getting a rating with my circumstances?  I live in Upstate New York.
      • 9 replies
    • Agent Orange Kadena Afb Okinawa
      I am looking for anyone who was on Kadena AFB, Okinawa or .Chanute AFB, IL. My dad was there from Oct. 68-April 70. He has ichemic heart disease, diabetes which has resulted in the amputation of his right leg below the knee and peripheral neuropathy. We were denied in 2002 AMVETS filed a claim on his behalf for heart condition, diabetes and back problems. I refiled in December 2011 and have just received the claim statements and medical release forms. I am familiar with filling out this paper work because my husband is a combat veteran of Iraqi Freedom. I have been reading articles from the Japan times and I am a member of the Agent Orange Okinawa facebook page. Another thing that helps make my dad's case is that he was on Chanute AFB, IL and it is on the EPA Superfund list and has PCBs/Pesticides and Dioxins/Furans listed as ground and water contaminants. I welcome any advice, tips or articles that I may have missed in my own research.
      • 15 replies
  • Ads

  • Popular Contributors

  • Ad

  • Latest News
  • Create New...

Important Information

{terms] and Guidelines