What this means
m21-1:XI.ii.4 explains issuing death gratuity certificates to service departments. In plain terms, the official guidance says imminent death is a Department of War (DOW) term used for a service member It also addresses refer all questions regarding death gratuity claims to the Veterans Service Center Manager (VSCM) at the Cleveland RO at (216) 522-4950.
How this may help with a claim
Use m21-1:XI.ii.4 to audit how VA handled issuing death gratuity certificates to service departments. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: Imminent death is a Department of War (DOW) term used for a service member Refer all questions regarding death gratuity claims to the Veterans Service Center Manager (VSCM) at the Cleveland RO at (216) 522-4950. Cite the exact document and page when raising a factual or procedural error, and use the review rights in the actual notice for any deadline.
What to review in your file
- Check the file against this official condition: The service member usually dies less than 72 hours after release from service.
- Confirm that the record or notice addresses this source point: The Cleveland Regional Office (RO) processes death gratuity claims required by a service department in certain cases to establish eligibility under 38 U.S.C. 1323. These are handled as imminent death cases.
- Document how this stated step or exception applies: The Cleveland RO also invites claims, when appropriate, and adjudicates any claims for survivors’ benefits.
Important limits
m21-1:XI.ii.4 explains VA guidance for issuing death gratuity certificates to service departments; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: Imminent death is a Department of War (DOW) term used for a service member If VA initiates the certification without a specific request from the service department, include the
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Issuing Death Gratuity Certificates to Service Departments
- m21-1:XI.ii.4
- Issuing Death Gratuity
- Certificates Service Departments
- Death Gratuity Definitions Jurisdiction
- definition imminent death
- jurisdiction
- imminent death cases
Original VA guidance
The official VA text of this section
Overview
In This Chapter
This chapter contains the following topics:
Scroll sideways to see the full table.
| Topic | Topic Name |
|---|---|
| 1 | Death Gratuity Definitions and Jurisdiction |
| 2 | Eligibility and Notification for Death Gratuity Certificates |
1. Death Gratuity Definitions and Jurisdiction
Introduction
This topic contains information on death gratuity certificates sent to service departments, including
- definition of imminent death
- jurisdiction for
- imminent death cases, and
- non-imminent death cases, and
- contacting the Cleveland Regional Office (RO) about death gratuity claims.
Change Date
January 5, 2016
XI.ii.4.1.a. Definition: Imminent Death
Imminent death is a Department of War (DOW) term used for a service member
- who is terminally ill
- for whom an imminent death determination has been made, and
- who has been considered medically retired, such as to the Temporary Disability Retired List.
The service member usually dies less than 72 hours after release from service.
XI.ii.4.1.b. Jurisdiction for Imminent Death Cases
The Cleveland Regional Office (RO) processes death gratuity claims required by a service department in certain cases to establish eligibility under 38 U.S.C. 1323. These are handled as imminent death cases.
The Cleveland RO also invites claims, when appropriate, and adjudicates any claims for survivors’ benefits.
Important: The law requires the DOW to pay these claims within 24 hours of the notification of the death of the service member. ROs should contact the Cleveland RO immediately if they are contacted by a military casualty office indicating that they have a claim for such a deceased service member.
XI.ii.4.1.c. Jurisdiction for Non-Imminent Death Cases
Jurisdiction over non-imminent death cases must remain with the station of origination. If any questions arise over jurisdiction of a claim, contact the Cleveland RO.
Reference: For information on how to contact the Cleveland RO, see M21-1, Part XI, Subpart ii, 4.1.d.
XI.ii.4.1.d. Contacting the Cleveland RO About Death Gratuity Claims
Refer all questions regarding death gratuity claims to the Veterans Service Center Manager (VSCM) at the Cleveland RO at (216) 522-4950.
DOW Casualty Assistance provides the Cleveland RO with the documents required to complete a rating decision and issue a certificate to the Defense Finance and Accounting Service.
2. Eligibility and Notification for Death Gratuity Certificates
Introduction
This topic contains information on death gratuity certificates sent to service departments, including
- eligibility for death gratuity
- payment of death gratuity by service department
- when to issue a certificate of eligibility for death gratuity
- sending death gratuity certification letter
- what to include in death gratuity certification letter
- addressing the death gratuity certification letter
- noneligibility for death gratuity, and
- notifying claimants of noneligibility for death gratuity.
Change Date
February 3, 2022
XI.ii.4.2.a. Eligibility for Death Gratuity
Veterans may be eligible for death gratuity if they died under the circumstances referred to in 10 U.S.C. 1476(a) during the 120-day period after separation from
- active duty
- active duty for training, or
- inactive duty for training.
XI.ii.4.2.b. Payment of Death Gratuity by Service Department
Payment of death gratuity by the service department is contingent upon the Department of Veterans Affairs (VA) finding that the Veteran’s
- discharge or release from service was under conditions other than dishonorable, and
- death resulted from
- a disease or injury incurred or aggravated during active duty or active duty for training, or
- an injury incurred or aggravated during inactive duty for training.
Note: The determination as to service connection (SC) for the cause of death must be made under the standards and criteria applicable to 38 U.S.C. Chapter 11, except that line of duty is not a factor.
XI.ii.4.2.c. When to Issue a Certificate of Eligibility for Death Gratuity
Use the table below to determine when to issue a certificate of eligibility to service departments.
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| If … | Then … |
|---|---|
| a claim for Dependency and Indemnity Compensation (DIC) has been filed it is determined that the cause of death was incurred or aggravated in service, and death occurred within 120 days after separation from service under conditions other than dishonorable under 38 CFR 3.806 | the RO issues a certificate of eligibility to the service department. Note: Furnish the certification even if a rating decision has determined that the cause of death, although incurred in service, was not incurred in the line of duty and, therefore, DIC is not payable. |
| a request for certification is received from the service department in a case in which no claim for DIC has been filed | prepare a rating for this specific purpose, and if the rating is favorable, furnish a certification of eligibility to the service department. |
XI.ii.4.2.d. Sending Death Gratuity Certification Letter
Make certification by sending a letter addressed to the appropriate service department, Public Health Service, or the National Oceanic and Atmospheric Administration. If no request has been received, a Senior Veterans Service Representative or other designee must
- prepare and sign the letter in the name of the VSCM or Pension Management Center Manger, and
- forward the letter to the particular department concerned.
Reference: For more information on how to address the letter, see M21-1, Part XI, Subpart ii, 4.2.f.
XI.ii.4.2.e. What to Include in Death Gratuity Certification Letter
The certification letter must include information stating that
- the Veteran has died (provide the date of death)
- VA has determined that the Veteran’s discharge or release from service was under conditions other than dishonorable, and
- death resulted from
- a disease or injury incurred or aggravated during active duty, or
- an injury incurred or aggravated during inactive duty training.
If VA initiates the certification without a specific request from the service department, include the
- Veteran’s
- rank
- branch of service
- Social Security number and service number, and
- name, address, and relationship of the person or persons who have filed a claim for DIC.
XI.ii.4.2.f. Addressing the Death Gratuity Certification Letter
Use the table below to determine how to address the certification letter.
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| Department | Address |
|---|---|
| Army | Commander US Army Human Resources Command ATTN: PDC-C (Casualty Support) 1600 Spearhead Division Ave Fort Knox, KY 40122 |
| Air Force | AFPC Casualty Services Branch 550 C Street West JBSA-Randolph, TX 78150 Note: Send a copy to the following address, as well: Air Force Military Personnel Center (AFPC/DPWC) Randolph AFB, TX 78148 |
| Navy | Navy Personnel Command PERS-00C Navy Casualty Operations ATTN: Casualty Operations Branch Head 5720 Integrity Dr Millington, TN 38055-6200 |
| Marine Corps | Commandant of the Marine Corps Casualty Section (MFPC) 2008 Elliot Road Quantico, VA 22134-5103 |
| U.S. Coast Guard | US Coast Guard Headquarters ATTN: Chief of Casualty Matters, PSC-PD-FS-Casualty 2703 Martin Luther King Jr. Ave SE Washington, DC 20593-7200 |
| Public Health Service | Public Health Service 1101 Wootton Parkway Plaza Level, Suite 100 Rockville, MD 20852 |
| National Oceanic and Atmospheric Administration | Commissioned Personnel Division (CPC) National Oceanic and Atmospheric Administration 8403 Colesville Rd., Suite 500 Silver Spring, MD 20910 |
XI.ii.4.2.g. Noneligibility for Death Gratuity
If a claim for DIC has been filed and VA determines that death was not due to service or that the character of discharge precludes payment, do not
- refer to death gratuity in the denial letter, or
- notify the service department, unless a specific inquiry has been received from that department.
Use the table below to determine how to handle noneligibility for death gratuity when a specific inquiry has been received from the service department.
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| If the claimant for death gratuity … | Then … |
|---|---|
| is the same person who filed a denied claim for DIC | inform the service department of the date on which that person was notified by VA of the determination that death was not service-connected, or that the Veteran’s separation from service was not under conditions other than dishonorable. |
| has not filed a claim for DIC | prepare a rating denying SC for cause of death notify the claimant of the VA determination, and furnish a copy of the notification to the service department with a letter of transmittal. |
XI.ii.4.2.h. Notifying Claimants of Noneligibility for Death Gratuity
In the decision notice of noneligibility sent to the claimant, make no reference to the denied claim for death gratuity since that is a function of the service department.
Instead, provide the claimant notice as follows:
“ The [service department] has requested the Department of Veterans Affairs to make certain determinations which are required in connection with your claim for death gratuity in the case of the above-named Veteran. Accordingly, the evidence of record has been reviewed, but it has been determined (that the Veteran's death on _____ from _______ was not due to service) (that the Veteran was separated from service under conditions other than dishonorable) [whichever is appropriate]. ”
Note: Furnish notice of procedural and decision review rights with this paragraph.