Claim Raven explanation
What this means
A survivor generally must file the prescribed claim for death benefits. A surviving spouse’s or child’s DIC or compensation claim is also treated as a claim for survivors pension and accrued benefits, subject to the rule’s limits.
A surviving spouse’s unsuccessful claim can still serve as a claim for children named in it when the necessary evidence is received within the period described. Otherwise, payment for the child generally cannot precede a new claim’s receipt date.
How this helps your claim
This cross-claim treatment helps VA consider related death benefits without requiring a separate form for each one. It does not establish eligibility. Children can need a claim when their entitlement begins because a surviving spouse’s DIC ends or because the child turns 18, with special conversion rules when requested evidence is supplied on time.
What to check in your records
Confirm who filed, who was named, which related benefits VA considered, and whether VA requested separate evidence for a child.
- Keep the prescribed death-benefit form and proof of receipt.
- List every surviving spouse, child, and parent named in the filing and the relationship evidence supplied.
- Preserve VA evidence requests and response dates, especially the one-year periods affecting a child’s converted claim.
Track each survivor separately
One form can trigger consideration of several benefits and people, but each survivor still needs their own relationship and eligibility facts. Create a short checklist by person.
If VA asks for evidence about a child after denying the spouse’s claim, answer the request by its deadline and retain proof of receipt. That response can preserve the earlier claim treatment described here.
Does filing for DIC also raise accrued benefits?
For a surviving spouse or child, the regulation generally treats a compensation or DIC claim as a claim for survivors pension and accrued benefits too. VA still must determine each benefit’s separate requirements.
Official regulatory text
38 CFR § 3.152
eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 3.152 Claims for death benefits.
(a) A specific claim in the form prescribed by the Secretary (or jointly with the Commissioner of Social Security, as prescribed by § 3.153) must be filed in order for death benefits to be paid to any individual under the laws administered by VA. (See § 3.400(c) concerning effective dates of awards.)
(Authority: 38 U.S.C. 5101(a))
(b)
(1)
(i) A claim by a surviving spouse or child for compensation or dependency and indemnity compensation will also be considered to be a claim for survivors pension and accrued benefits, and a claim by a surviving spouse or child for survivors pension will be considered to be a claim for death compensation or dependency and indemnity compensation and accrued benefits.
(Authority: 38 U.S.C. 5101(b)(1))
(ii)
(A) Except as provided in paragraph (b)(1)(ii)(B) of this section, an award of dependency and indemnity compensation to a surviving spouse or child will result in the denial of survivors pension.
(B) With respect to a claim by a surviving spouse, if the evidence establishes that, but for the surviving spouse's eligibility for dependency and indemnity compensation, the surviving spouse would be eligible to receive survivors pension at the rate provided for in 38 U.S.C. 5503(d), survivors pension will be paid instead of such compensation.
(Authority: 38 U.S.C. 1317)
(2) A claim by a parent for compensation or dependency and indemnity compensation will also be considered to be a claim for accrued benefits.
(Authority: 38 U.S.C. 5101(b)(2))
(c)
(1) Where a child's entitlement to dependency and indemnity compensation arises by reason of termination of a surviving spouse's right to dependency and indemnity compensation or by reason of attaining the age of 18 years, a claim will be required. (38 U.S.C. 5110(e).) (See paragraph (c)(4) of this section.) Where the award to the surviving spouse is terminated by reason of her or his death, a claim for the child will be considered a claim for any accrued benefits which may be payable.
(2) A claim filed by a surviving spouse who does not have entitlement will be accepted as a claim for a child or children in her or his custody named in the claim.
(3) Where a claim of a surviving spouse is disallowed for any reason whatsoever and where evidence requested in order to determine entitlement from a child or children named in the surviving spouse's claim is submitted within 1 year from the date of request, requested either before or after disallowance of the surviving spouse's claim, an award for the child or children will be made as though the disallowed claim had been filed solely on their behalf. Otherwise, payments may not be made for the child or children for any period prior to the date of receipt of a new claim.
(4) Where payments of pension, compensation or dependency and indemnity compensation to a surviving spouse have been discontinued because of remarriage or death, or a child becomes eligible for dependency and indemnity compensation by reason of attaining the age of 18 years, and any necessary evidence is submitted within 1 year from date of request, an award for the child or children named in the surviving spouse's claim will be made on the basis of the surviving spouse's claim having been converted to a claim on behalf of the child. Otherwise, payments may not be made for any period prior to the date of receipt of a new claim.
(Authority: 38 U.S.C 501)
Cross References:
State Department as agent of Department of Veterans Affairs. See § 3.108. Change in status of dependents. See § 3.651.
[50 FR 25981, June 24, 1985, as amended at 71 FR 44918, Aug. 8, 2006; 91 FR 2713, Jan. 22, 2026]
Related references
- 38 CFR § 3.153: When a Social Security application counts as a VA death claim
- 38 CFR § 3.5: What dependency and indemnity compensation means
- 38 CFR § 3.1000: Accrued VA benefits due and unpaid at death
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