What this means
m21-1:XII.ii.2.B explains eligibility determinations and claims for the special allowance under 38 u.s.c. 1312(a). In plain terms, the official guidance says if the Veteran’s death occurs after separation from service, and there is possible entitlement to special allowance under 38 U.S.C. 1312(a) as described in M21-1, Part XII, Subpart ii, 2.A.1.a, the VA makes the following determinations: It also addresses the Social Security Administration (SSA) determines and certifies the following:
How this may help with a claim
Use m21-1:XII.ii.2.B when organizing evidence or checking VA's handling of eligibility determinations and claims for the special allowance under 38 u.s.c. 1312(a). Compare your application, supporting records, and notice with this source-specific point: If the Veteran’s death occurs after separation from service, and there is possible entitlement to special allowance under 38 U.S.C. The Social Security Administration (SSA) determines and certifies the following: Save proof of submission and identify the exact condition, exception, or missing development step before requesting correction or choosing a review option.
What to review in your file
- Check the file against this official condition: If the Veteran’s death occurs after separation from service, and there is possible entitlement to special allowance under 38 U.S.C.
- Confirm that the record or notice addresses this source point: line of duty and service connection for the cause of death as provided in 38 CFR 3.1(k) and 38 CFR 3.1(m), based on a service-connected disability incurred or aggravated after September 15, 1940, and
- Document how this stated step or exception applies: No special application is required to claim the special allowance under 38 U.S.C. 1312(a).
Important limits
m21-1:XII.ii.2.B explains VA guidance for eligibility determinations and claims for the special allowance under 38 u.s.c. 1312(a); 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: If the Veteran’s death occurs after separation from service, and there is possible entitlement to special allowance under 38 U.S.C. Accept a claim for Dependency and Indemnity Compensation (DIC) on the following forms as a claim for special allowance when it is determined that the benefit is payable:
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Eligibility Determinations and Claims for the Special Allowance Under 38 U.S.C. 1312(a)
- m21-1:XII.ii.2.B
- Eligibility Determinations Claims
- Special Allowance Under
- Determining Eligibility Special Allowance
- Department
- Social Security Administration
- XII.ii.2.B.1.a. Eligibility Determinations Made
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 | Determining Eligibility for the Special Allowance Under 38 U.S.C. 1312(a) |
| 2 | Claims for the Special Allowance Under 38 U.S.C. 1312(a) |
1. Determining Eligibility for the Special Allowance Under 38 U.S.C. 1312(a)
Introduction
This topic contains information on determining eligibility for the special allowance under 38 U.S.C. 1312(a), including eligibility determinations made by the
- Department of Veterans Affairs (VA), and
- Social Security Administration (SSA).
Change Date
February 3, 2011
XII.ii.2.B.1.a. Eligibility Determinations Made by VA
If the Veteran’s death occurs after separation from service, and there is possible entitlement to special allowance under 38 U.S.C. 1312(a) as described in M21-1, Part XII, Subpart ii, 2.A.1.a, the Department of Veterans Affairs (VA) makes the following determinations:
- line of duty and service connection for the cause of death as provided in 38 CFR 3.1(k) and 38 CFR 3.1(m), based on a service-connected disability incurred or aggravated after September 15, 1940, and
- whether discharge or release from active duty, active duty for training, or inactive duty training was under conditions other than dishonorable per 38 CFR 3.12 and 38 CFR 3.804.
XII.ii.2.B.1.b. Eligibility Determinations Made by SSA
The Social Security Administration (SSA) determines and certifies the following:
- whether the Veteran was fully and currently insured at the time of death
- whether there is a survivor eligible to receive the special allowance under 38 U.S.C. 1312(a)
- the first month of entitlement and the amount of monthly benefits that are to be paid to each eligible survivor under 38 U.S.C. 1312(a), and
- any subsequent determination requiring
- deductions from monthly benefits
- termination of entitlement, or
- increases or decreases in monthly benefits.
2. Claims for the Special Allowance Under 38 U.S.C. 1312(a)
Introduction
This topic contains information on claims for the special allowance under 38 U.S.C. 1312(a), including
- accepting claims for the special allowance, and
- handling the receipt of VA Form 21-4182, Application for Dependency and Indemnity Compensation or Death Pension (Including Accrued Benefits and Death Compensation Where Applicable) From the Department of Veterans Affairs (Supplement to Social Security Application Forms SSA-4, 5, 7 and 10).
Change Date
September 11, 2025
XII.ii.2.B.2.a. Accepting Claims for the Special Allowance
No special application is required to claim the special allowance under 38 U.S.C. 1312(a).
Accept a claim for Dependency and Indemnity Compensation (DIC) on the following forms as a claim for special allowance when it is determined that the benefit is payable:
- VA Form 21P-534EZ, Application for DIC, Survivors Pension, and/or Accrued Benefits
- VA Form 21P-534a, Application for Dependency and Indemnity Compensation by a Surviving Spouse or Child - In-Service Death Only, or
- VA Form 21P-535, Application for Dependency and Indemnity Compensation by Parent(s) (Including Accrued Benefits and Death Compensation When Applicable).
Reference: For more information on eligibility for the special allowance, see M21-1, Part XII, Subpart ii, 2.A.1.a.
XII.ii.2.B.2.b. Handling the Receipt of VA Form 21-4182
Use the table below to determine how to handle the receipt of VA Form 21-4182, Application for Dependency and Indemnity Compensation or Death Pension (Including Accrued Benefits and Death Compensation Where Applicable) From the Department of Veterans Affairs (Supplement to Social Security Application Forms SSA-4, 5, 7 and 10).
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| If a … | Then … |
|---|---|
| VA Form 21-4182 is received from a surviving spouse child, or parent | before taking action, obtain a completed application on VA Form 21P-534EZ VA Form 21P-534a, or VA Form 21P-535. |
| VA Form 21-4182 or a specific inquiry regarding entitlement under 38 U.S.C. 1312(a) is received from a person who has no apparent entitlement to DIC, and has not filed a formal application for DIC | take rating action, if required, for the determination of entitlement as described in M21-1, Part XII, Subpart ii, 2.B.1.a without first obtaining a formal application provided there is no legal bar to the payment of such allowance. |