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Updated Dec 07, 2021

In This Section

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

1.  General Information on Awards to Survivors Upon the Death of a Dependent

Introduction

  
This topic contains general information on awards to survivors upon the death of a dependent, including

Change Date

   July 12, 2015

XII.i.3.B.1.a.  Acceptable Proof of Death

  
Proof of death of the payee meeting the requirements of 38 CFR 3.211 is required in all cases, unless a statement is provided by surviving spouse, parent or fiduciary, furnishing month and year of death.
 
Upon receipt of an acceptable statement or evidence of death of a payee, discontinue the award to the deceased payee.

XII.i.3.B.1.b.  Controlling When Additional Evidence Is Required

  
If evidence is required to establish continued entitlement for one or more surviving beneficiaries, do not change his/her payments pending receipt of the required evidence within the 60-day control period established for this purpose.

XII.i.3.B.1.c.  Action Upon Receipt or Non-Receipt of Additional Evidence

  
Use the table below to determine the appropriate action when additional evidence is received or not received within the time period allowed.
 
If the evidence is …
Then …
not received by the expiration of the 60-day control period
  • discontinue any affected awards effective the date of last payment, and
  • send notice to any surviving beneficiaries, along with an explanation of the right to appeal.
received within one year of the request for evidence
  • adjust or reopen any award to a surviving payee as of the effective date of discontinuance of the decedent’s award under 38 CFR 3.651, and
  • include an appropriate notation in the REMARKS section of the award print as to the date of death and name and relationship of the deceased.

2.  Awards to Survivors Upon the Death of a Surviving Spouse, Child, or Parent

Introduction

  

This topic contains information on awards to survivors upon the death of a surviving spouse, child or parent, including

Change Date

   April 9, 2021

XII.i.3.B.2.a.  Action to Take Upon the Death of a Surviving Spouse

  
Upon the death of a surviving spouse, terminate the surviving spouse’s award, effective the first day of the month of death.
 
Note:  The provisions of M21-1, Part VII, Subpart i, 2.E.4 relating to action to take after the remarriage of a surviving spouse also apply when establishing the entitlement of children after the spouse’s death.
 
Reference:  For more information on end product credit, see M21-4, Appendix B.

XII.i.3.B.2.b.  Action to Take Upon the Death of a Parent

  
For information on the action to take upon the death of a parent in

XII.i.3.B.2.c.  Action to Take Upon the Death of a Child

  
Discontinue payment of any benefits or share of benefits to a deceased child with
  • no surviving spouse on the award, effective the first day of the month of death under 38 CFR 3.500(g)(l), and
  • a surviving spouse on the same award, effective the first day of the month after death under 38 CFR 3.500(g)(2).

XII.i.3.B.2.d.  Adjusting Awards to Surviving Beneficiaries After the Death of a Child

  
Use the table below to determine how to adjust awards to surviving beneficiaries after the death of a child.
 
If there is …
Then …
no surviving spouse
  • discontinue the award for the deceased child effective the first day of the month of death, and
  • if there are additional children in receipt of benefits, generate an award for each remaining child beneficiary, since each child’s share will change depending on the number of eligible children.
Note:  Consolidated payee 31-series awards are no longer used for payment of benefits to two or more children.
a surviving spouse entitled, and
  • DIC is paid to a child over 18 who is now deceased, or
  • the award is a separate entitlement under Survivors Pension
do not adjust the award to the surviving spouse or to any other children since the award in this case is a separate benefit.
a surviving spouse entitled, and the deceased was a minor child included on the spouse’s award
  • adjust the award to discontinue payment for the additional child effective the first day of the year after death, if death was before October 1, 1982, per 38 CFR 3.500(g)(2)(i), or
  • adjust the award to discontinue payment for the additional child effective the first day of the month after death, if death was on or after October 1, 1982, per 38 CFR 3.500(g)(2)(ii).

XII.i.3.B.2.e.  Adjusting Apportioned Awards After the Death of a Child

  
Use the table below to adjust apportioned awards after the death of a child.
 
If the deceased child was …
Then …
receiving an apportioned share of a surviving spouse’s award
adjust the surviving spouse’s award to authorize payment to the surviving spouse of the amount not paid to the deceased child from the date of discontinuance of the deceased child’s award.
not the only apportionee
make a special apportionment authorizing the increased shares to the surviving children from the date of discontinuance of the deceased child’s award.

XII.i.3.B.2.f.  Determining the Surviving Spouse’s Apportioned Award

  
The surviving spouse’s share of an award is the balance remaining of the total amount payable based on the continued dependency code, including the deceased child, until the appropriate effective date for reduction or discontinuance required to reflect the loss of the dependent.
 
If the award to a surviving spouse included an additional amount for the deceased child, reduce or discontinue the payee 10 award in accordance with the provisions in M21-1, Part VII, Subpart i, 1.C.4.