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What Form Do I Use


KHJH

Question

My husband died on Nov 26th. The check he received on Dec 1st was returned to VA. I was told there is a form I need to fill out to be able to keep the check. What form is it. I called the 800 number and was told I needed to fill out the Pension form. Is that correct.

Thanks

Kathy

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I'm unaware of any specific form to be used in this case. Maybe the VA wants you to submit VA Form 21-4138, making a statement. Decembers check is for November and according to, I think, §3.20 you are allowed to keep that check provided you arn't eligible for DIC.

SS3.20 Surviving spouse's benefit for month of veteran's death.

(a) Where the veteran died on or after December 1, 1962, and before October 1, 1982, the rate of death pension or dependency and indemnity compensation otherwise payable for the surviving spouse for the month in which the death occurred shall be not less than the amount of pension or compensation which would have been payable to or for the veteran for that month but for his or her death. (Authority: 38 U.S.C. 5310)

(B) Where the veteran dies on or after October 1, 1982, the surviving spouse may be paid death pension or dependency and indemnity compensation for the month in which the veteran died at a rate equal to the amount of compensation or pension which would have been payable to the veteran for that month had death not occurred, but only if such rate is equal to or greater than the monthly rate of death pension or dependency and indemnity compensation to which the surviving spouse is entitled. Otherwise, no payment of death pension or dependency and indemnity compensation may be made for the month in which the veteran died. (Authority: 38 U.S.C. 5111©)

© (1) Where a veteran receiving compensation or pension dies after December 31, 1996, the surviving spouse, if not entitled to death compensation, dependency and indemnity compensation, or death pension for the month of death, shall be entitled to a benefit for that month in an amount equal to the amount of compensation or pension the veteran would have received for that month but for his or her death.

(2) A payment issued to a deceased veteran as compensation or pension for the month in which death occurred shall be treated as payable to that veteran's surviving spouse, if the surviving spouse is not entitled to death compensation, dependency and indemnity compensation or death pension for that month and, if negotiated or deposited, shall be considered to be the benefit to which the surviving spouse is entitled under paragraph ©(1) of this section. However, if such payment is in an amount less than the amount of the benefit under paragraph ©(1) of this section, the unpaid difference shall be treated in the same manner as an accrued benefit under SS3.1000 of this part. (Authority: 38 U.S.C. 5310(B))

[48 FR 34471, July 29, 1983, as amended at 62 FR 35422, July 1, 1997, 64 FR 30392, June 8, 1999]

Vike 17

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I agree with Vike- the 21-4138 can be printed out from a pdf file at the VA web site-or a vet rep would have one-I know of no specific form at all for this.

Go to VA.dog, benefits, then to forms, and put 21-4138 into the search thing-

As I recall I attached the 21-534 pdf. to a post for you-

I know it takes time to deal with this form but it would help to get the request in for last month of compensation due the veteran as well as filing the formal 21-534 for DIC.

I think the VA 800 meant the 21-534form which covers death pension and DIC.It might even have a part regarding the last month's benefit due the veteran.

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