38 C.F.R. § 3.150
Forms to be furnished
(a) Upon request made in person or in writing by any person applying for benefits under the laws administered by the Department of Veterans Affairs, the appropriate application form will be furnished.
(b) Upon receipt of notice of death of a veteran, the appropriate application form will be forwarded for execution by or on behalf of any dependent who has apparent entitlement to pension, compensation, or dependency and indemnity compensation. If it is not indicated that any person would be entitled to such benefits, but there is payable an accrued benefit not paid during the veteran's lifetime, the appropriate application form will be forwarded to the preferred dependent. Notice of the time limit will be included in letters forwarding applications for benefits.
Extension of time limit. See § 3.109(b).
Notes of Decisions
Cited in 22
cases (4 in the last 5 years), 1993–2025 · leading case: Mansfield v. Peake, 525 F.3d 1312 (Fed. Cir. 2008).
Mansfield v. Peake, 525 F.3d 1312 (Fed. Cir. 2008). “He specifically argues that, in concluding to the contrary, the Veterans Court failed to apply 38 C.F.R. § 3.150 (c), which provides: “When disability or death is due to Department of Veterans Affairs hospital treatment, training, medical or surgical treatment, or examination, a…”
Westberry v. West, 12 Vet. App. 510 (Vet. App. 1999). “Preliminary issues to be determined, though, are whether the appellant submitted an informal claim for benefits in February 1987, and whether the Board correctly concluded that VA had no duty under 38 C.F.R. § 3.150 (b) to send an application for benefits to the appellant upon…”
AB v. Brown, 6 Vet. App. 35 (Vet. App. 1993). “§§ 5101 (a), 5103(a) (West 1991); 38 C.F.R. §§ 3.150 (a), 3.155 (1992). III.”
Shields v. Brown, 8 Vet. App. 346 (Vet. App. 1995). “Her representative further argued that the appellant’s application for burial benefits constituted a notice of death and that VA was then obligated under 38 C.F.R. § 3.150 (b) to forward the appropriate application form to the appellant, an individual with apparent entitlement…”
Burke Hensley, Claimant-Appellant v. Togo D. West, Jr., Sec'y of Vets. Affairs, 212 F.3d 1255 (Fed. Cir. 2000). “§ 5102 ; 38 C.F.R. § 3.150 . The statutes then place upon the veteran the burden before the RO of establishing that the claim is well grounded: “[A] person who submits a claim for benefits under a law administered by the Secretary shall have the burden of submitting evidence…”
Hamilton v. Brown, 4 Vet. App. 528 (Vet. App. 1993). “§ 5101 (a) (West 1991) (claim must be filed in form prescribed by Secretary in order for benefits to be paid under laws administered by VA); 38 C.F.R. § 3.150 (a) (1992) (to the same effect).”
Barbara J. Westberry, Claimant-Appellant v. Anthony J. Principi, Sec'y of Vets. Affairs, 255 F.3d 1377 (Fed. Cir. 2001). “38 C.F.R. § 3.150 (b) (1994). Under the statute, a surviving spouse who was separated from the veteran is barred from entitlement to benefits unless he or she proves that the separation was caused by the veteran, and the spouse was without fault.”
Westberry v. West, 13 Vet. App. 305 (Vet. App. 2000). “510 (1999) (Westberry I), will result in an unauthorized, premature adjudication by the Department of Veterans Affairs (VA) of surviving-spouse eligibility prior to sending the application for death pension required by 38 C.F.R. § 3.150 (b) (1999). Such a pre-mailing…”
Marrero v. Gober, 14 Vet. App. 80 (Vet. App. 2000). “See 38 C.F.R. § 3.150 (a) (1999) ("Upon request made in person or in writing by any person applying for benefits under the laws administered by [VA], the appropriate application form will be furnished.”
Burns v. McDonough (Fed. Cir. 2022). “Burns had died and that 38 C.F.R. § 3.150 (b) required the VA to send her an application for 1 The Agent Orange Act, 38 U.”
Burns v. McDonough (Fed. Cir. 2022). “Burns had died and that 38 C.F.R. § 3.150 (b) required the VA to send her an application for 1 The Agent Orange Act, 38 U.”
Ugay v. Shulkin (Fed. Cir. 2017). “The Board determined that nothing in Jaime Ugay’s statements submitted during the one-year period following the veteran’s death, including the application for burial benefits, indicated he was seeking or believed he was entitled to accrued benefits, and it noted that the formal…”
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