What this means
m21-1:XII.i.3.E explains allowance, allotments, or service pay under 38 u.s.c. 5110(j). In plain terms, the official guidance says the provisions of 38 CFR 3.400(c)(1) and 38 U.S.C. 5110(j) apply in all in-service death cases. It also addresses base the determination of service pay paid to the veteran or claimant on a statement from the fiduciary or the court of jurisdiction if
How this may help with a claim
Use m21-1:XII.i.3.E as an internal VA audit trail for allowance, allotments, or service pay under 38 u.s.c. 5110(j), not as a promise of a particular result. Compare the actions recorded in your claim file or decision notice with this source-specific detail: The provisions of 38 CFR 3.400(c)(1) and 38 U.S.C. 5110(j) apply in all in-service death cases. Base the determination of service pay paid to the veteran or claimant on a statement from the fiduciary or the court of jurisdiction if If the record does not show the expected action, identify the missing step precisely when asking VA or an accredited representative to review the file.
What to review in your file
- Check the file against this official condition: VA payments may be affected by payments made to the veteran or claimant by a service department, when a claim for service-connected survivor benefits is filed within one year after the date
- Confirm that the record or notice addresses this source point: retroactive Death Compensation or DIC is not authorized unless the dependent filed a claim within one year from the earliest date that the report or finding of death was made by the service department as shown by the service report.
- Document how this stated step or exception applies: If the deceased Veteran’s claims folder contains more than one report of actual death or finding of presumed death, use the first report or finding made by the service department to determine whether the initial claim was filed within the prescribed one-year period.
Important limits
m21-1:XII.i.3.E is primarily internal workflow guidance about allowance, allotments, or service pay under 38 u.s.c. 5110(j). It can help identify what VA was expected to document, but it does not by itself create a claimant deadline, a freestanding entitlement, or a guaranteed remedy. The source also states: The provisions of 38 CFR 3.400(c)(1) and 38 U.S.C. 5110(j) apply in all in-service death cases. Follow the steps below to complete an award action when service department information is not of record.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Allowance, Allotments, or Service Pay Under 38 U.S.C. 5110(j)
- m21-1:XII.i.3.E
- Allowance Allotments Service
- Pay Under U.S.C.
- Handling Allowance Allotments Service
- provision in-service death under
- multiple reports findings death
- definition payments service department
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the following topics:
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| Topic | Topic Name |
|---|---|
| 1 | General Information on Handling Allowance, Allotments, or Service Pay Under 38 U.S.C. 5110(j) |
| 2 | Determining the Effective Dates of Claims Involving Payment Under 38 U.S.C 5110(j) |
| 3 | Award Action Involving Payment Under 38 U.S.C 5110(j) |
1. General Information on Handling Allowance, Allotments, or Service Pay Under 38 U.S.C. 5110(j)
Introduction
This topic contains general information on handling allowances, allotments, or service pay under 38 U.S.C. 5110(j), including
- provision for in-service death under 38 U.S.C. 5110(j)
- multiple reports or findings of death in the Veteran’s claims folder
- definition of payments from the service department
- basic pay data from a service department, and
- determining the
- effective date of death, and
- amount of service pay.
Change Date
July 12, 2015
XII.i.3.E.1.a. Provision for In-Service Death Under 38 U.S.C. 5110(j)
The provisions of 38 CFR 3.400(c)(1) and 38 U.S.C. 5110(j) apply in all in-service death cases.
- Department of Veterans Affairs (VA) payments may be affected by payments made to the claimant by a service department, when a claim for service-connected survivor benefits is filed within one year after the date
- of the death of a serviceperson, or
- on which a report of actual death or a finding of presumptive death is made by the Secretary of the service department concerned, and
- payment of
- Death Compensation or Dependency and Indemnity Compensation (DIC) to any dependent is precluded for any period during which the dependent has received, or is entitled to receive, an allowance, allotment, or service pay of the deceased (excluding the six-month death gratuity), and
- retroactive Death Compensation or DIC is not authorized unless the dependent filed a claim within one year from the earliest date that the report or finding of death was made by the service department as shown by the service report.
XII.i.3.E.1.b. Multiple Reports or Findings of Death in the Veteran’s Claims Folder
If the deceased Veteran’s claims folder contains more than one report of actual death or finding of presumed death, use the first report or finding made by the service department to determine whether the initial claim was filed within the prescribed one-year period.
XII.i.3.E.1.c. Definition: Payments From the Service Department
As used in this section, the term payments from the service department means allowances, allotments, or service pay of the deceased that the claimant received or is entitled to receive.
Reference: For more information on the commencement of the period of payment, see 38 CFR. 3.31.
XII.i.3.E.1.d. Basic Pay Data From a Service Department
Basic pay data, from the appropriate service department, is needed to determine a surviving spouse’s entitlement to DIC.
XII.i.3.E.1.e. Determining the Effective Date of Death
Use the table below to determine the effective date of death.
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| If the case involves a … | Then the effective date of death is the day following the … |
|---|---|
| report of an actual death | date of the reported death, or date of the report of missing status, if the deceased was held to be in a missing status subsequent to the date of reported death. |
| finding of presumptive death | report of the presumptive death. |
XII.i.3.E.1.f. Determining the Amount of Service Pay
Base the determination of service pay paid to the claimant on a statement from the fiduciary or the court of jurisdiction if
- information furnished by the service department shows that service pay of the deceased was paid to the fiduciary, executor, administrator or other representative of the Veteran’s estate, and
- a determination is necessary to ascertain whether any claimant for Death Compensation or DIC may have received, or been entitled to receive, service pay of the deceased.
Before making a determination
- ask the claimant to submit a statement from the fiduciary or the court of jurisdiction as to whether any part of the Veteran’s estate has been or will be paid to the claimant
- ascertain whether the claimant received any amount from the estate as distributee if he/she received the service pay of the deceased in his/her official capacity as fiduciary of the estate, and
- establish a one-year time limit for a response to a request for evidence in connection with a pending claim.
Note: The provisions in this section apply regardless of whether the claimant and fiduciary of the estate are separate individuals or are one and the same individual.
2. Determining the Effective Dates of Claims Involving Payment Under 38 U.S.C 5110(j)
Introduction
This topic contains information on determining the effective dates of claims involving payment under 38 U.S.C. 5110(j), including
- claims filed more than one year after the initial report or finding
- claims received within one year of the report of actual death, and
- a finding of presumptive death corrected by a report of actual death.
Change Date
December 13, 2005
XII.i.3.E.2.a. Claims Filed More Than One Year After Initial Report or Finding
If the claim is filed more than one year after the date the report or finding was made, the commencing date is the date the claim was filed if otherwise in order.
XII.i.3.E.2.b. Claims Received Within One Year of the Report of Actual Death
Use the table below to determine the effective date for claims received within one year of the date of a report of actual death.
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| Service Department Payment Data | Effective Date | Remarks to Enter on the Award |
|---|---|---|
| No payments from the service department for any period on or after the first day of the month of death | First day of the month of death | Report of death made [date]. Payee did not receive and is not entitled to receive any allowance, allotment, or service pay of the deceased under 38 U.S.C. 5110(j). |
| Payments from the service department during a period on or after the date of actual death | Day following the date of actual death | Report of death made [date]. Payee [received] [entitled to receive] [allowance, allotment, service pay] of the deceased through [date] per 38 U.S.C. 5110(j). |
| Deceased was carried in a missing status, and payments from the service department were for a period subsequent to the date of death | Day following the final date of the period covered by the service department payments | Report of death made [date]. Payee [received] [entitled to receive] [allowance; allotment; service pay] of the deceased through [date] per 38 U.S.C. 5110(j). |
XII.i.3.E.2.c. A Finding of Presumptive Death Corrected by a Report of Actual Death
Use the table below to adjust the effective date when VA receives
- a report of actual death after processing an award based on a claim filed within one year of a finding of presumptive death, and
- necessary payment information.
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| Service Department Payment Data | Effective Date | Remarks to Enter on the Award |
|---|---|---|
| No payments from the service department for any period on or after the first day of the month of death | First day of the month of death | Finding of presumptive death made [date] corrected by report of actual death. |
| Payments from the service department for a period subsequent to the date of death and prior to the date the finding of presumptive death was made | Day following the final date of the period covered by the service department payments | Finding of presumptive death made [date] corrected by report of actual death. Payee [received] [entitled to receive] [allowance; allotment; service pay] of the deceased through [date] under 38 U.S.C. 5110(j). |
3. Award Action Involving Payment Under 38 U.S.C 5110(j)
Introduction
This topic contains information on award action involving payment under 38 U.S.C 5110(j), including
- award action if service payment data is
- not of record, and
- furnished
- correction of the date of death in a prior award, and
- consideration for
- apportionments, and
- payments to children or parents with no surviving spouse.
Change Date
November 25, 2020
XII.i.3.E.3.a. Award Action if Service Payment Data Is Not of Record
Do not delay adjudication of a claim for Death Compensation or DIC solely because information from the service department concerning the payment of an allowance, allotment, or service pay of the deceased to his/her dependents is not of record.
Follow the steps below to complete an award action when service department information is not of record.
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| Step | Action |
|---|---|
| 1 | Has the claim been received within one year of the date of report or finding of death? If yes, take initial award action, if otherwise in order, to authorize payments subject to possible future adjustment, and go to Step 2. If no, retroactive benefits are not payable, and no further action is necessary. |
| 2 | On the BASIC ELIGIBILITY screen in the Veterans Benefits Management System (VBMS)-Awards, enter the date of death in the EVENT DATE field, as the date of reported or presumptive death, and enter the effective date in the AWARD EFFECTIVE DATE field. Note: Continue award at authorization and enter the following statement in the REMARKS section: Report (Finding) of death made [date] subject to possible adjustment to an earlier commencing date (38 U.S.C. 5110(j)). References: For more information on determining the effective date, see M21-1, Part XII, Subpart i, 3.E.2, and VBMS-Awards processing, see the VBMS-Awards User Guide. |
| 3 | Establish a 30-day control for receipt of DD Form 1515, Pay and Allotment Information - Deceased Member from the service department. |
| 4 | Has the DD Form 1515 been received from the service department by the end of the control period? If yes, go to Step 5. If no, request the necessary payment data using the Personnel Information Exchange System, and make no reference to the possibility of a future adjustment of the commencing date in the award letter. |
| 5 | Is an adjustment in the commencing date of an award required? If yes, prepare an amended award annotated with the appropriate statement in the REMARKS section, as set forth in M21-1, Part XII, Subpart i, 3.E.2. If no, authorize award as is and enter the following statement in the REMARKS section: no adjustment in commencing date is needed. |
XII.i.3.E.3.b. Award Action if Service Payment Data Is Furnished
If the DD Form 1300, Report of Casualty, or other report or finding of actual death or DD Form 1515 contains the necessary information with regard to the beneficiary-claimant’s receipt of an allowance, allotment, or service pay of the deceased
- do not take action to obtain further service pay data
- take award action
- determine the effective date according to instructions provided in M21-1, Part XII, Subpart i, 3.E.2, and
- enter the appropriate information in the REMARKS section of the award print as provided in M21-1, Part XII, Subpart i, 3.E.2.
XII.i.3.E.3.c. Correction of the Date of Death in a Prior Award
If a report of actual death is received correcting the date of death shown in the previous report
- edit the dates of the date of death in VBMS
- update the Beneficiary Identification and Records Locator Subsystem (BIRLS) using the BIRLS update command, and
- amend the award only if an adjustment in the commencing date is required.
Note: If the award must be amended to adjust the commencing date
- enter the appropriate annotation in the REMARKS section as provided in M21-1, Part XII, Subpart i, 3.E.2, and
- precede the entry with Report of actual death made [date] corrected by subsequent report of actual death.
XII.i.3.E.3.d. Consideration for Apportionments
Do not authorize an award of an apportioned share of Death Compensation or DIC to, for, or on account of, a child for any period during which the payment of such benefit to the surviving spouse is barred by reason of the provisions of 38 U.S.C. 5110(j).
XII.i.3.E.3.e. Consideration for Payments to Children or Parents With No Surviving Spouse
In cases in which there is no surviving spouse, and payment of Death Compensation or DIC to only one child or parent is barred during any period by reason of the provisions of 38 U.S.C. 5110(j), authorize payments during that period for the other children or parent, if otherwise in order, but only at the rate payable if all children or both parents were receiving payments.