Claim Raven explanation
What this means
For the dependency and indemnity compensation chapter, this definition includes a person who died while in active military, naval, air, or space service. It prevents the ordinary past-tense wording of 'veteran' from excluding a service member who died during active service.
Title 38 usually defines a veteran as someone who served and was discharged or released under qualifying conditions. Section 1301 adds a chapter-specific inclusion for a person who died in active service. It does not by itself decide whether the death meets section 1310 or whether a spouse, child, or parent satisfies the separate claimant rules.
How this helps your claim
This short definition supports chapter 13 survivor claims. It answers one threshold terminology question, while the claimed benefit still has its own relationship, service, cause-of-death, and other requirements.
What to check in your records
Confirm the service member's duty status at death and then apply the separate DIC entitlement provision.
- Obtain the service record showing active-duty status on the date of death.
- Keep the death certificate and any line-of-duty or casualty findings.
- Identify the specific chapter 13 benefit and claimant relationship.
Prove duty status before applying the survivor rule
Use official orders, casualty records, and the service department's findings to establish status on the date of death. Do not rely only on a general service-history summary if the status at that moment is disputed.
Then move to the entitlement section. A surviving spouse may need marriage evidence, a child may need age or school evidence, and a parent may face dependency and income rules. The expanded definition resolves only the word 'veteran' within this chapter.
Does this definition automatically award DIC after every active-duty death?
No. It includes the deceased service member within the chapter's use of 'veteran.' Entitlement still depends on the applicable DIC section, claimant relationship, service facts, and any other requirements or exclusions.
Official statutory text
38 USC § 1301
OLRC release: pl-119-108. Layout and spacing are adapted for reading. The statutory text is shown here; publisher source credits and editorial notes remain in the linked official release.
§ 1301. Definitions
As used in this chapter—
The term “veteran” includes a person who died in the active military, naval, air, or space service.
Related references
- 38 USC § 101: Key Definitions for VA Benefit Eligibility
- 38 USC § 105: The Line-of-Duty Presumption
- 38 USC § 1310: When a service-connected death supports DIC
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