Jump to content
  • Donation Box

    Please donate to support the community.
    We appreciate all donations!
  • 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

  • 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

Sponsored Ads

  •  ad-free-subscription-002.jpeg     fund-the-site.jpg

  • Searches Community Forums, Blog and more


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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Ads

  • Ad

  • Latest News
  • Our picks

    • I filed for my mitral valve regurgitation heart disease secondary to a service-connected condition on 7-30-18. It was granted on 8-30-18. Since I filed for this heart valve issue and was awarded, can I still file for hypertension ? I have been seeing comments that you should file for hypertension first and file for heart disease as a secondary. Can I file for hypertension as a secondary to my heart disease ? I am alittle confused on this matter.

    • How to Change the Theme - Look and Colors
      How to Change the Theme - Look and Colors
      • 5 replies
    • For Calculating Retro

      VA Disability Compensation Rates 2012 | 2011 | 2010-2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999

      Prior to 1999 check here https://www.hadit.com/va-disability-compensation-rates-historic-for-retro-calculation/
      • 0 replies
    • I am a 100% disabled veteran, At first I was super excited to find out I am getting retro pay for back benefits to 2006. But that was over 2 months ago. I been waiting and waiting and calling to ask them wheres my back pay. They first told me "one month" than I call again. The guy started reading a script of basically "we are malingering on paying you" type crap. I was wondering if there is any number I can call besides that 800-827-1000 number to inquire about my status. I don't know why its taken so long when there is specific information telling them from the judge that VA owes. 

      There was a remanded to see if I was eligible for IU (I get it now since 2014 im actually 90% with 10 of that been IU). I been on SS since 2004. Can Someone help me out? Thank you
      • 6 replies
    • You might have a 38 CFR 3.156 situation-

      meaning the VA might have considered your claim in 95/96 as "not well grounded" and failed to even get your STRs.Or they did get your STRs but never considered the specific entry you cited here.

      Lots of discussion under a search, of 38 CFR. 3.156 (a)(b) (c) ---here is a winner:



        • Thanks

Important Information

{terms] and Guidelines