Claim Raven explanation
What this means
This regulation describes when a jointly prescribed Social Security application counts as a VA death-benefit claim. Current 38 U.S.C. 5105 also covers an application on any document indicating intent to apply for survivor benefits.
The protected receipt date can matter to the VA award period, but the Social Security filing does not prove substantive VA eligibility or excuse a failure to provide evidence VA later requests.
How this helps your claim
The regulation retains joint-form wording, while current section 5105(b) gives cross-application effect to an application on any document indicating intent to apply for survivor benefits filed with VA or Social Security. Read both authorities together; do not reject a potentially qualifying filing solely because it was not a joint form. VA may still request evidence needed to decide the benefit.
What to check in your records
Obtain the actual survivor-benefit application and receipt date, and identify the document’s indication of intent under current 38 U.S.C. 5105.
- Request a complete copy of the filed application rather than relying only on a Social Security award notice.
- Preserve proof of the date Social Security received the application.
- Keep VA’s later evidence requests and the material supplied in response.
Verify the form and receipt date
Ask Social Security for the application image or certified record showing what was submitted and when it was received. A payment record alone may not show whether the filing indicated an intent to apply for survivor benefits.
When contacting VA, identify the Social Security filing and provide the copy if available. Keep the date issue separate from the evidence needed to establish the survivor benefit itself.
Does any Social Security survivor claim automatically count as a VA claim?
The filing must satisfy the applicable statutory rule. Current 38 U.S.C. 5105(b) covers an application on any document indicating intent to apply for survivor benefits; it is not limited to the joint-form wording still printed in this regulation. Filing does not itself prove benefit eligibility.
Official regulatory text
38 CFR § 3.153
eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 3.153 Claims filed with Social Security.
An application on a form jointly prescribed by the Secretary and the Commissioner of Social Security filed with the Social Security Administration on or after January 1, 1957, will be considered a claim for death benefits, and to have been received in the Department of Veterans Affairs as of the date of receipt in Social Security Administration. The receipt of such an application (or copy thereof) by the Department of Veterans Affairs will not preclude a request for any necessary evidence.
(Authority: 38 U.S.C. 5105)
[26 FR 1570, Feb. 24, 1961, as amended at 71 FR 44918, Aug. 8, 2006]
Related references
- 38 CFR § 3.152: How VA treats a claim for death benefits
- 38 CFR § 3.402: Effective dates for surviving-spouse benefit increases
- 38 USC § 5105: Joint applications for Social Security and VA survivor benefits
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