Claim Raven explanation
What this means
A surviving spouse may receive the amount the veteran would have received for the month of death when the veteran was receiving chapter 11 compensation or chapter 15 pension, or is later found entitled for that month under the accrued-benefit or substitution rules.
If a claim for compensation, additional compensation, pension, or additional pension was pending at death and later adjudication shows a higher month-of-death amount, the difference between that amount and the payment already issued to the surviving spouse is treated like an accrued benefit under section 5121.
How this helps your claim
This is a month-of-death payment rule. It is separate from ongoing DIC, accrued benefits for other periods, and substitution in a pending claim, though a pending compensation or pension claim can change the amount due for that month.
What to check in your records
Confirm the veteran's month-of-death entitlement, payment already issued, and any later pending-claim adjustment.
- Keep the death certificate and proof of surviving-spouse status.
- Obtain the award and payment history for the month of death.
- Preserve pending-claim decisions and calculations of any additional amount.
Separate the month-of-death amount from other survivor payments
Identify what the veteran was receiving or later found entitled to receive for that exact month. A deposit after death may need to be reconciled, but the payment date alone does not establish which benefit month it covers.
Track any pending claim through its later decision. If it raises the veteran's entitlement for the month of death, compare the recalculated amount with what the surviving spouse already received and the accrued-benefit explanation.
Is the month-of-death payment the same as DIC?
No. It represents the veteran's compensation or pension entitlement for the month of death. DIC is a separate survivor benefit with its own entitlement and payment rules.
Official statutory text
38 USC § 5310
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.
§ 5310. Payment of benefits for month of death
(a) In General.—(1) A surviving spouse of a veteran is entitled to a benefit for the month of the veteran’s death if—
(A) at the time of the veteran’s death, the veteran was receiving compensation or pension under chapter 11 or 15 of this title; or
(B) the veteran is determined for purposes of section 5121 or 5121A of this title as having been entitled to receive compensation or pension under chapter 11 or 15 of this title for the month of the veteran’s death.
(2) The amount of the benefit under paragraph (1) is the amount that the veteran would have received under chapter 11 or 15 of this title, as the case may be, for the month of the veteran’s death had the veteran not died.
(b) Claims Pending Adjudication.—If a claim for entitlement to compensation or additional compensation under chapter 11 of this title or pension or additional pension under chapter 15 of this title is pending at the time of a veteran’s death and the check or other payment issued to the veteran’s surviving spouse under subsection (a) is less than the amount of the benefit the veteran would have been entitled to for the month of death pursuant to the adjudication of the pending claim, an amount equal to the difference between the amount to which the veteran would have been entitled to receive under chapter 11 or 15 of this title for the month of the veteran’s death had the veteran not died and the amount of the check or other payment issued to the surviving spouse shall be treated in the same manner as an accrued benefit under section 5121 of this title.
Related references
- 38 USC § 1310: When a service-connected death supports DIC
- 38 USC § 5121: Accrued Benefits Owed at a Claimant's Death
- 38 USC § 5121A: Substitution to Finish a Deceased Claimant's Case
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