Accrued benefits- non Nehmer accrued

[Berta]

This info is here but the accrued subject cropped up todayt in a post and I want make sure it is easy to find:

 

"Under applicable law, a veteran's surviving spouse may receive "accrued benefits" consisting of up to two years of due, but unpaid, periodic monetary benefits to which the veteran "was entitled at death under existing ratings or decisions, or those based on evidence in the file at date of death . . . ." 38 U.S.C.A. ง 5121(a); 38 C.F.R. ง 3.1000(a). The Veterans Benefits Act of 2003 amended ง 5121 by repealing the two-year limit on accrued benefits; however, the new provision applies only to those cases involving deaths occurring on or after December 16, 2003." See Veterans Benefits Act of 2003, Pub. L. No. 108- 183, ง 104, 117 Stat. 2651, 2656 (Dec. 16, 2003) 

This is also known as The Bonny V Principi decision