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Updated Feb 17, 2022

In This Section

  
This section contains the following topics:
 
Topic
Topic Name
1
2

1.  Determining Eligibility for the Special Allowance Under 38 U.S.C. 1312(a)

Introduction

  
This topic contains information on determining eligibility for the special allowance under 38 U.S.C. 1312(a), including eligibility determinations made by the

Change Date

  
February 3, 2011

XII.ii.2.B.1.a.  Eligibility Determinations Made by VA

  
If the Veteran’s death occurs after separation from service, and there is possible entitlement to special allowance under 38 U.S.C. 1312(a) as described in M21-1, Part XII, Subpart ii, 2.A.1.a, the Department of Veterans Affairs (VA) makes the following determinations:
  • line of duty and service connection for the cause of death as provided in 38 CFR 3.1(k) and 38 CFR 3.1(m), based on a service-connected disability incurred or aggravated after September 15, 1940, and
  • whether discharge or release from active duty, active duty for training, or inactive duty training was under conditions other than dishonorable per 38 CFR 3.12 and 38 CFR 3.804.

XII.ii.2.B.1.b.  Eligibility Determinations Made by SSA

  
The Social Security Administration (SSA) determines and certifies the following:
  • whether the Veteran was fully and currently insured at the time of death
  • whether there is a survivor eligible to receive the special allowance under 38 U.S.C. 1312(a)
  • the first month of entitlement and the amount of monthly benefits that are to be paid to each eligible survivor under 38 U.S.C. 1312(a), and
  • any subsequent determination requiring
    • deductions from monthly benefits
    • termination of entitlement, or
    • increases or decreases in monthly benefits.

2.  Claims for the Special Allowance Under 38 U.S.C. 1312(a)

Introduction

  
This topic contains information on claims for the special allowance under 38 U.S.C. 1312(a), including

Change Date

  
May 14, 2015

XII.ii.2.B.2.a.  Accepting Claims for the Special Allowance

  
No special application is required to claim the special allowance under 38 U.S.C. 1312(a).
 
Accept a claim for Dependency and Indemnity Compensation (DIC) on the following forms as a claim for special allowance when it is determined that the benefit is payable:
Reference:  For more information on eligibility for the special allowance, see M21-1, Part XII, Subpart ii, 2.A.1.a.

XII.ii.2.B.2.b.  Handling the Receipt of VA Form 21-4182

  
 
If a …
Then …
VA Form 21-4182 is received from a surviving
  • spouse
  • child, or
  • parent
before taking action, obtain a completed application on
VA Form 21-4182 or a specific inquiry regarding entitlement under 38 U.S.C. 1312(a) is received from a person who
  • has no apparent entitlement to DIC, and
  • has not filed a formal application for DIC
take rating action, if required, for the determination of entitlement as described in M21-1, Part XII, Subpart ii, 2.B.1.a without first obtaining a formal application provided there is no legal bar to the payment of such allowance.