U.S. Code » Title 38 » Part PART IV— GENERAL ADMINISTRATIVE PROVISIONS › Chapter CHAPTER 51— CLAIMS, EFFECTIVE DATES, AND PAYMENTS › Subchapter SUBCHAPTER III— PAYMENT OF BENEFITS

38 U.S.C. § 5121A

Substitution in case of death of claimant

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(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 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.(Added Pub. L. 110–389, title II, § 212(a), Oct. 10, 2008, 122 Stat. 4151.)Statutory Notes and Related SubsidiariesEffective Date

Pub. L. 110–389, title II, § 212(c), Oct. 10, 2008, 122 Stat. 4151, provided that: “Section 5121A of title 38, United States Code, as added by subsection (a), shall apply with respect to the claim of any claimant who dies on or after the date of the enactment of this Act [Oct. 10, 2008].”

Notes of Decisions
Cited in 202 cases (32 in the last 5 years), 2009–2026 · leading case: Charles L. Breedlove Brenda Breedlove v. Eric K. Shinseki, 24 Vet. App. 7 (Vet. App. 2010).
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Charles L. Breedlove Brenda Breedlove v. Eric K. Shinseki, 24 Vet. App. 7 (Vet. App. 2010). · cites it 23× “The issue we address is whether 38 U.S.C. § 5121A, recently enacted in 2008, applies to this appeal or otherwise forms a basis for allowing the substitution of the veteran's spouse to carry on this appeal.”
Constance Copeland v. Eric K. Shinseki, 26 Vet. App. 86 (Vet. App. 2012). · cites it 9× “Copeland argues that (1) Congress's assignment of an effective date of October 10, 2008 (the date of enactment), for 38 U.S.C. § 5121A violated the equal protection component of the Fifth Amendment of the U.”
Nat'l Org. of Vets. Advocates, Inc. v. Sec'y of Vets. Affairs, 809 F.3d 1359 (Fed. Cir. 2016). · cites it 5× “Section 212 of the Act, codified as 38 U.S.C. § 5121A, authorizes eligible survivors to be “substituted as the claimant for the purposes of processing the claim to completion.”
Reeves v. Dept. Of Vets. Affairs, 682 F.3d 988 (Fed. Cir. 2012). · cites it 4× “38 U.S.C. § 5121A. 6 Under this provision, an accrued- benefits claimant can be substituted for a veteran who dies while a “claim” or “an appeal of a decision with respect to such a claim .”
Sucic v. Wilkie, 921 F.3d 1095 (Fed. Cir. 2019). · cites it 4× “Section 5121A provides that if the claimant dies, living people eligible to receive accrued benefits under § 5121(a) may be substituted as the claimant(s): If a claimant dies while a claim for any benefit under a law administered by the Secretary, or an appeal of a decision with…”
Charlotte Reliford v. Robert A. McDonald, 27 Vet. App. 297 (Vet. App. 2015). · cites it 8× “Reliford as a substitute beneficiary under 38 U.S.C. § 5121A and denied benefits for Mr.”
Hyatt v. Shinseki, 566 F.3d 1364 (Fed. Cir. 2009). “The new provision, codified at 38 U.S.C. § 5121A(a)(1), provides: 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…”
Evelyn M. Todd v. Robert A. McDonald, 27 Vet. App. 79 (Vet. App. 2014). “Todd to substitute under the auspices of 38 U.S.C. § 5121A. See Hyatt v. Shinseki, 566 F.”
William C. Rickett v. Robert A. McDonald, 27 Vet. App. 240 (Vet. App. 2015). · cites it 2× “4145 , 4151, now codified at 38 U.S.C. § 5121A). In addition, the Court may vacate the underlying Board decision to prevent it from acting as a barrier to the success of any future claimant seeking accrued benefits.”
Francis M. Jackson v. Eric K. Shinseki, 26 Vet. App. 460 (Vet. App. 2014). · cites it 4× “between the deceased veteran's claim and that of the surviving eligible accrued-benefits claimant [and that a]ny distinction has been reduced to the administrative requirement of filing an accrued benefits claim 9 connection claim, the Court notes that in Hanlin, in addition to…”
Merritt v. Wilkie, 965 F.3d 1357 (Fed. Cir. 2020). “2 We note that 38 U.S.C. § 5121A, which provides for substitution in VA proceedings, is consistent with this re- quirement.”
Crews v. McDonough, 63 F.4th 37 (Fed. Cir. 2023). · cites it 4× “Yvonne Crews appeals the final decision of the United States Court of Appeals for Veterans Claims denying her request to be substituted under 38 U.S.C. § 5121A as the claimant in place of her deceased spouse.”
Show all 202 citing cases →
— 38 U.S.C. § 5121A(1) — 1 case
Reeves v. Dept. Of Vets. Affairs, 682 F.3d 988 (Fed. Cir. 2012). “38 U.S.C. § 5121A. 6 Under this provision, an accrued- benefits claimant can be substituted for a veteran who dies while a “claim” or “an appeal of a decision with respect to such a claim .”
— 38 U.S.C. § 5121A(a) — 1 case
Virginia T. Mayfield v. Denis McDonough (Vet. App. 2023).
— 38 U.S.C. § 5121A(a)(1) — 14 cases
Charles L. Breedlove Brenda Breedlove v. Eric K. Shinseki, 24 Vet. App. 7 (Vet. App. 2010). “The issue we address is whether 38 U.S.C. § 5121A, recently enacted in 2008, applies to this appeal or otherwise forms a basis for allowing the substitution of the veteran's spouse to carry on this appeal.”
Sucic v. Wilkie, 921 F.3d 1095 (Fed. Cir. 2019). “Section 5121A provides that if the claimant dies, living people eligible to receive accrued benefits under § 5121(a) may be substituted as the claimant(s): If a claimant dies while a claim for any benefit under a law administered by the Secretary, or an appeal of a decision with…”
Charlotte Reliford v. Robert A. McDonald, 27 Vet. App. 297 (Vet. App. 2015). “Reliford as a substitute beneficiary under 38 U.S.C. § 5121A and denied benefits for Mr.”
Hyatt v. Shinseki, 566 F.3d 1364 (Fed. Cir. 2009). “The new provision, codified at 38 U.S.C. § 5121A(a)(1), provides: 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…”
Padgett v. Shinseki, 643 F.3d 950 (Fed. Cir. 2011).
— 38 U.S.C. § 5121A(a)(2) — 1 case
Nat'l Org. of Vets. Advocates, Inc. v. Sec'y of Vets. Affairs, 809 F.3d 1359 (Fed. Cir. 2016). “Section 212 of the Act, codified as 38 U.S.C. § 5121A, authorizes eligible survivors to be “substituted as the claimant for the purposes of processing the claim to completion.”
— 38 U.S.C. § 5121A(a)(3) — 1 case
Nat'l Org. of Vets. Advocates, Inc. v. Sec'y of Vets. Affairs, 809 F.3d 1359 (Fed. Cir. 2016). “Section 212 of the Act, codified as 38 U.S.C. § 5121A, authorizes eligible survivors to be “substituted as the claimant for the purposes of processing the claim to completion.”
— 38 U.S.C. § 5121A(a)(l) — 2 cases
Charlotte Reliford v. Robert A. McDonald, 27 Vet. App. 297 (Vet. App. 2015). “Reliford as a substitute beneficiary under 38 U.S.C. § 5121A and denied benefits for Mr.”
Rusick v. Gibson, 27 Vet. App. 1342 (Fed. Cir. 2014).
— 38 U.S.C. § 5121A(b) — 2 cases
Smith v. Collins, 133 F.4th 1059 (Fed. Cir. 2025).
Thomas Smith v. Denis McDonough (Vet. App. 2022).
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