38 C.F.R. § 3.152

Claims for death benefits

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(a) A specific claim in the form prescribed by the Secretary (or jointly with the Commissioner of Social Security, as prescribed by § 3.153) must be filed in order for death benefits to be paid to any individual under the laws administered by VA. (See § 3.400(c) concerning effective dates of awards.)

(Authority: 38 U.S.C. 5101(a))

(b)(1)(i) A claim by a surviving spouse or child for compensation or dependency and indemnity compensation will also be considered to be a claim for survivors pension and accrued benefits, and a claim by a surviving spouse or child for survivors pension will be considered to be a claim for death compensation or dependency and indemnity compensation and accrued benefits.

(Authority: 38 U.S.C. 5101(b)(1))

(ii)(A) Except as provided in paragraph (b)(1)(ii)(B) of this section, an award of dependency and indemnity compensation to a surviving spouse or child will result in the denial of survivors pension.

(B) With respect to a claim by a surviving spouse, if the evidence establishes that, but for the surviving spouse's eligibility for dependency and indemnity compensation, the surviving spouse would be eligible to receive survivors pension at the rate provided for in 38 U.S.C. 5503(d), survivors pension will be paid instead of such compensation.

(Authority: 38 U.S.C. 1317)

(2) A claim by a parent for compensation or dependency and indemnity compensation will also be considered to be a claim for accrued benefits.

(Authority: 38 U.S.C. 5101(b)(2))

(c)(1) Where a child's entitlement to dependency and indemnity compensation arises by reason of termination of a surviving spouse's right to dependency and indemnity compensation or by reason of attaining the age of 18 years, a claim will be required. (38 U.S.C. 5110(e).) (See paragraph (c)(4) of this section.) Where the award to the surviving spouse is terminated by reason of her or his death, a claim for the child will be considered a claim for any accrued benefits which may be payable.

(2) A claim filed by a surviving spouse who does not have entitlement will be accepted as a claim for a child or children in her or his custody named in the claim.

(3) Where a claim of a surviving spouse is disallowed for any reason whatsoever and where evidence requested in order to determine entitlement from a child or children named in the surviving spouse's claim is submitted within 1 year from the date of request, requested either before or after disallowance of the surviving spouse's claim, an award for the child or children will be made as though the disallowed claim had been filed solely on their behalf. Otherwise, payments may not be made for the child or children for any period prior to the date of receipt of a new claim.

(4) Where payments of pension, compensation or dependency and indemnity compensation to a surviving spouse have been discontinued because of remarriage or death, or a child becomes eligible for dependency and indemnity compensation by reason of attaining the age of 18 years, and any necessary evidence is submitted within 1 year from date of request, an award for the child or children named in the surviving spouse's claim will be made on the basis of the surviving spouse's claim having been converted to a claim on behalf of the child. Otherwise, payments may not be made for any period prior to the date of receipt of a new claim.

(Authority: 38 U.S.C 501) Cross References:

State Department as agent of Department of Veterans Affairs. See § 3.108. Change in status of dependents. See § 3.651.

[50 FR 25981, June 24, 1985, as amended at 71 FR 44918, Aug. 8, 2006; 91 FR 2713, Jan. 22, 2026]

Notes of Decisions

Cited in 15 cases (1 in the last 5 years), 1991–2024 · leading case: Stewart v. Brown, 10 Vet. App. 15 (Vet. App. 1997).

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Stewart v. Brown, 10 Vet. App. 15 (Vet. App. 1997). · cites it 2× “The Isenhart case involved the interpretation of 38 C.F.R. § 3.152 (b)(2), a regulation relating to claims for death benefits, not disability compensation.”

Zevalkink v. Brown, 6 Vet. App. 483 (Vet. App. 1994). “152 (1993)) entitled “Claims for death benefits”, which discusses “accrued benefits” as being part of a claim for “death benefits”, even if it carried the implication asserted by the appellant (as to which the Court is dubious) that accrued benefits are themselves death…”

Isenhart v. Derwinski, 3 Vet. App. 177 (Vet. App. 1992). “See 38 C.F.R. §§ 3.152 (b)(1) (a claim for DIC “will also be considered to be a claim for death pension”); 3.”

Harvey v. Brown, 6 Vet. App. 390 (Vet. App. 1994). “§ 5101 (b)(1); 38 C.F.R. § 3.152 (b)(1) (1993); Van Slack v.”

Satchel v. Derwinski, 1 Vet. App. 258 (Vet. App. 1991). · cites it 2× “Under 38 C.F.R. §§ 3.152 (b) and 3.1000(c) (1990), a claim for DIC is deemed to include a claim for accrued benefits (“periodic monthly benefits” that would have been payable to the veteran) and for death pension.”

Ruel v. Wilkie, 918 F.3d 939 (Fed. Cir. 2019). “§ 5101 (b)(1) ; 38 C.F.R. § 3.152 (b)(1). On July 19, 1984, the RO sent Mrs.”

Van Slack v. Brown, 5 Vet. App. 499 (Vet. App. 1993). “§ 5101 (b)(1) (West 1991); 38 C.F.R. § 3.152 (b)(1) (1992); Isenhart v.”

Debra B. Sapp v. Robert L. Wilkie (Vet. App. 2019). · cites it 2× “§ 1310 (DIC for death from a service-connected disability), § 1318 (DIC for certain veterans rated totally disabled), § 1541 (death pension for surviving spouses of veterans of a period of war); see also 38 C.F.R. § 3.152 (2019) (entitled "claims for death benefits").”

Ugay v. Shulkin (Fed. Cir. 2017). “It determined that because Jaime Ugay was not the veteran’s surviving spouse or child, his application for burial benefits could not constitute an informal claim for dependency and indemnity compensation, and the VA was not required to consider his claim for burial benefits as a…”

Champagne v. McDonough (Fed. Cir. 2024). “38 C.F.R. § 3.152 (b)(1) (emphasis added).”

Watson v. Brown, 4 Vet. App. 189 (Vet. App. 1993). · cites it 2× “§ 5101 (b)(1) (West 1991); 38 C.F.R. § 3.152 (b) (1992); Isenhart v.”

12-32 823 (Board of Vet. App. 2015). “38 C.F.R. §§ 3.152 (b), 3.1000(c). An application for accrued benefits must be filed within one year after the date of the payee's death.”

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