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38 U.S.C. § 5121A — Substitution in case of death of claimant

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5121A — Substitution in case of death of claimant

**(a) Substitution.—** (1) If a claimant dies while a claim for any benefit under a law administered by the Secretary, or an appeal of a decision with respect to such a claim, is pending, a living person who would be eligible to receive accrued benefits due to the claimant under [section 5121(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5121/a&num=0&edition=prelim) may, not later than one year after the date of the death of such claimant, file a request to be substituted as the claimant for the purposes of processing the claim to completion. (2) Any person seeking to be substituted for the claimant shall present evidence of the right to claim such status within such time as prescribed by the Secretary in regulations. (3) Substitution under this subsection shall be in accordance with such regulations as the Secretary may prescribe. **(b) Limitation.—** Those who are eligible to make a claim under this section shall be determined in accordance with [section 5121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5121&num=0&edition=prelim).

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Source location: Title 38, Chapter 51, § 5121A; chapter-051-claims-effective-dates-and-payments.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5121 — Payment of certain accrued benefits upon death of a beneficiary

**(a)** Except as provided in sections 3329 and 3330 of title 31, periodic monetary benefits (other than insurance and servicemen’s indemnity) under laws administered by the Secretary to which an individual was entitled at death under existing ratings or decisions or those based on evidence in the file at date of death (hereinafter in this section and [section 5122 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5122&num=0&edition=prelim) referred to as “accrued benefits”) and due and unpaid, shall, upon the death of such individual be paid as follows: (1) Upon the death of a person receiving an apportioned share of benefits payable to a veteran, all or any part of such benefits to the veteran or to any other dependent or dependents of the veteran, as may be determined by the Secretary. (2) Upon the death of a veteran, to the living person first listed below: (A) The veteran’s spouse. (B) The veteran’s children (in equal shares). (C) The veteran’s dependent parents (in equal shares). (3) Upon the death of a surviving spouse or remarried surviving spouse, to the children of the deceased veteran. (4) Upon the death of a child, to the surviving children of the veteran who are entitled to death compensation, dependency and indemnity compensation, or death pension. (5) Upon the death of a child claiming benefits under chapter 18 of this title, to the surviving parents. (6) In all other cases, only so much of the accrued benefits may be paid as may be necessary to reimburse the person who bore the expense of last sickness and burial. **(b)** No part of any accrued benefits shall be used to reimburse any political subdivision of the United States for expenses incurred in the last sickness or burial of any beneficiary.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 5121A — Substitution in case of death of claimant

Page 1050 TITLE 38—VETERANS’ BENEFITS § 5121A § 5121A. Substitution in case of death of claimant (a) SUBSTITUTION.—(1) If a claimant dies while a claim for any benefit under a law administered by the Secretary, or an appeal of a decision with respect to such a claim, is pending, a living per- son who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title may, not later than one year after the date of the death of such claimant, file a request to be substituted as the claimant for the purposes of processing the claim to comple- tion. (2) Any person seeking to be substituted for the claimant shall present evidence of the right to claim such status within such time as pre- scribed by the Secretary in regulations. (3) Substitution under this subsection shall be in accordance with such regulations as the Sec- retary may prescribe. (b) LIMITATION.—Those who are eligible to make a claim under this section shall be deter- mined in accordance with section 5121 of this title. (Added Pub. L. 110–389, title II, § 212(a), Oct. 10, 2008, 122 Stat. 4151.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 110–389, title II, § 212(c), Oct. 10, 2008, 122 Stat. 4151, provided that: ‘‘Section 5121A of title 38, United States Code, as added by subsection (a), shall apply with respect to the claim of any claimant who dies on or after the date of the enactment of this Act [Oct. 10, 2008].’’ § 5122. Cancellation of checks mailed to deceased payees A check received by a payee in payment of ac- crued benefits shall, if the payee died on or after the last day of the period covered by the check, be returned to the issuing office and canceled, unless negotiated by the payee or the duly ap- pointed represent

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