What this means
m21-1:XII.i.3.B explains dependency and indemnity compensation (dic) awards following death of a surviving spouse or dependent. In plain terms, the official guidance says 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. It also addresses use the table below to determine the appropriate action when additional evidence is received or not received within the time period allowed.
How this may help with a claim
Use m21-1:XII.i.3.B to audit how VA handled dependency and indemnity compensation (dic) awards following death of a surviving spouse or dependent. Start with the decision date, the issue being reviewed, and the evidence VA was allowed to consider, then compare the record with this rule: 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. Use the table below to determine the appropriate action when additional evidence is received or not received within the time period allowed. 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: controlling when additional evidence is required, and
- Confirm that the record or notice addresses this source point: action upon receipt or non-receipt of additional evidence.
- Document how this stated step or exception applies: 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.
Important limits
m21-1:XII.i.3.B explains VA guidance for dependency and indemnity compensation (dic) awards following death of a surviving spouse or dependent; 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: 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. Use the table below to determine how to adjust awards to surviving beneficiaries after the death of a child.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Dependency and Indemnity Compensation (DIC) Awards Following Death of a Surviving Spouse or Dependent
- m21-1:XII.i.3.B
- Dependency Indemnity Compensation
- DIC Awards Following
- Awards Survivors Upon Death
- acceptable proof death
- controlling when additional evidence
- action upon receipt non-receipt
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the following topics:
Scroll sideways to see the full table.
| Topic | Topic Name |
|---|---|
| 1 | General Information on Awards to Survivors Upon the Death of a Dependent |
| 2 | Awards to Survivors Upon the Death of a Surviving Spouse, Child, or Parent |
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
- acceptable proof of death
- controlling when additional evidence is required, and
- action upon receipt or non-receipt of additional evidence.
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.
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| 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
- action to take upon the death of a
- surviving spouse
- parent, and
- child
- adjusting
- awards to surviving beneficiaries after the death of a child, and
- apportioned awards after the death of a child, and
- determining the surviving spouse’s apportioned award.
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
- Dependency and Indemnity Compensation (DIC) cases, see M21-1, Part IX, Subpart iii, 1.D.6, and
- death compensation cases, see M21-1, Part VII, Subpart i, 4.B.7.c and d.
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.
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| 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.
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| 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.