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38 U.S.C. § 5121 — Payment of certain accrued benefits upon death of a beneficiary
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-38/section-5121-payment-of-certain-accrued-benefits-upon-death-of-a-beneficiary--2cb0ab4622.md
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Source location: Title 38, Chapter 51, § 5121; chapter-051-claims-effective-dates-and-payments.md
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**(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.
**(c)** Applications for accrued benefits must be filed within one year after the date of death. If a claimant’s application is incomplete at the time it is originally submitted, the Secretary shall notify the claimant of the evidence necessary to complete the application. If such evidence is not received within one year from the date of such notification, no accrued benefits may be paid.
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Federal law — U.S. Code and appendices · legal_authorities
A check received by a payee in payment of accrued 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 appointed representative of the payee’s estate. The amount represented by such check, or any amount recovered by reason of improper negotiation of any such check, shall be payable in the manner provided in [section 5121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5121&num=0&edition=prelim), without regard to [section 5121(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5121/c&num=0&edition=prelim). Any amount not paid in the manner provided in [section 5121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5121&num=0&edition=prelim) shall be paid to the estate of the deceased payee unless the estate will escheat.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5122
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3011 or 3018 of this title who—
(1) serves five or more consecutive years of active duty in the Armed Forces after the years of active duty counted under [section 3011(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011/a/1&num=0&edition=prelim) without a break in such service; and
(2) after completion of the service described in clause (1) of this subsection—
(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list;
(B) continues on active duty without a break in service; or
(C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service.
**(b)** The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3012 or 3018 of this title who—
(1) serves two or more consecutive years of active duty in the Armed Forces after the years of active duty counted under [section 3012(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3012/a/1&num=0&edition=prelim) and four or more consecutive years of duty in the Selected Reserve after the years of
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3021
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim)—
**(a)** if and while the disability is rated 10 percent the monthly compensation shall be $123;
**(b)** if and while the disability is rated 20 percent the monthly compensation shall be $243;
**(c)** if and while the disability is rated 30 percent the monthly compensation shall be $376;
**(d)** if and while the disability is rated 40 percent the monthly compensation shall be $541;
**(e)** if and while the disability is rated 50 percent the monthly compensation shall be $770;
**(f)** if and while the disability is rated 60 percent the monthly compensation shall be $974;
**(g)** if and while the disability is rated 70 percent the monthly compensation shall be $1,228;
**(h)** if and while the disability is rated 80 percent the monthly compensation shall be $1,427;
**(i)** if and while the disability is rated 90 percent the monthly compensation shall be $1,604;
**(j)** if and while the disability is rated as total the monthly compensation shall be $2,673;
**(k)** if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, or, in the case of a woman veteran, has suffered the anatomical loss of 25 percent or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy) or has received radiation treatment of breast tissue, the
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1114
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Federal law — U.S. Code and appendices · legal_authorities
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5121A
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) A surviving spouse of a veteran is entitled to a benefit for the month of the veteran’s death if—
(A) at the time of the veteran’s death, the veteran was receiving compensation or pension under chapter 11 or 15 of this title; or
(B) the veteran is determined for purposes of section 5121 or 5121A of this title as having been entitled to receive compensation or pension under chapter 11 or 15 of this title for the month of the veteran’s death.
(2) The amount of the benefit under paragraph (1) is the amount that the veteran would have received under chapter 11 or 15 of this title, as the case may be, for the month of the veteran’s death had the veteran not died.
**(b) Claims Pending Adjudication.—** If a claim for entitlement to compensation or additional compensation under chapter 11 of this title or pension or additional pension under chapter 15 of this title is pending at the time of a veteran’s death and the check or other payment issued to the veteran’s surviving spouse under subsection (a) is less than the amount of the benefit the veteran would have been entitled to for the month of death pursuant to the adjudication of the pending claim, an amount equal to the difference between the amount to which the veteran would have been entitled to receive under chapter 11 or 15 of this title for the month of the veteran’s death had the veteran not died and the amount of the check or other payment issued to the surviving spouse shall be treated in the same manner as an accrued benefit under [section 5121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5121&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5310
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reissuance of Misused Benefits.—**
(1) In any case in which a fiduciary misuses all or part of an individual’s benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary’s successor fiduciary an amount equal to the amount of such benefit so misused.
(2) In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made.
(3) In any case in which the Secretary obtains recoupment from a fiduciary who has misused benefits, the Secretary shall promptly remit payment of the recouped amounts to the beneficiary or the beneficiary’s successor fiduciary, as the case may be, to the extent that such amounts have not been paid under paragraph (1).
**(b) Reissuance of Amounts in the Case of a Deceased Beneficiary.—**
(1) If a beneficiary described in subsection (a)(1) predeceases a payment under such subsection, the Secretary shall pay such amount, subject to paragraph (2), to an individual or entity in accordance with [section 5121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5121&num=0&edition=prelim).
(2) The Secretary may not make a payment under this subsection to a fiduciary who misused benefits of the beneficiary.
**(c) Limitation on Total Amount Paid.—** The total of the amounts paid to a beneficiary or the beneficiary’s successor fiduciary under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary.
**(d) Oversight of Negligence.—**
(1) The Secretary shall establish methods and timing with respect to determining whether an instance of misuse by a fiduciary, of all
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 6107
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Federal law — U.S. Code and appendices · legal_authorities
Page 1049
TITLE 38—VETERANS’ BENEFITS
§ 5121
places, ‘‘to the surviving spouse’’ for ‘‘to her’’, and ‘‘by
the’’ for ‘‘by her’’ in first sentence.
Subsec. (f). Pub. L. 99–570 added subsec. (f).
1982—Subsec. (a). Pub. L. 97–295 substituted ‘‘United
States Postal Service’’ for ‘‘Post Office Department’’.
1977—Pub. L. 95–117, § 402(b)(1), struck out ‘‘by check’’
after ‘‘benefits’’ in section catchline.
Subsecs. (d), (e). Pub. L. 95–117, § 402(a), added subsecs.
(d) and (e).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1986 AMENDMENT
Pub. L. 99–570, title XI, § 11007(b)(2), Oct. 27, 1986, 100
Stat. 3207–170, provided that: ‘‘The amendment made by
subsection (a)(2) [amending this section] shall take ef-
fect with respect to payments made on or after October
1, 1986.’’
EFFECTIVE DATE OF 1977 AMENDMENT
Pub. L. 95–117, title IV, § 402(c), Oct. 3, 1977, 91 Stat.
1066, provided that: ‘‘The amendments made by this
section [amending this section] shall be effective on the
date of enactment of this Act [Oct. 3, 1977].’’
§ 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 re-
ferred to as ‘‘accrued benefits’’) and due and un-
paid, 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 vet-
eran, all or any part of such benefits to the
veteran or to any other d
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 5121
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.