The VA defines(38 USC 5121 & 38 CFR 3.1000) as a claim for any money the VA owes the veteran, but did not pay prior to their death. Generally, if a veteran has a VA disability compensation claim pending at the time of their death, the veteran’s dependent spouse or children are entitled to any accrued benefits from that claim.
If the VA previously denied your claim for accrued benefits, call today to request an appointment with one of our veterans attorneys in Kalamazoo, MI.
Even though a veteran’s claim dies with the veteran, the surviving spouse and/or eligible child may be able to take up the deceased veteran’s claim in their own right under certain circumstances. In other words, dependents can claim past VA benefits on behalf of a deceased veteran.
Claiming Accrued Benefits
There are three basic requirements in order to establish a claim for accrued benefits:
- A claim must be filed within 1 year after the veteran’s death, and
- The veteran must have a “pending claim,” and
- Based on the evidence in the record when the veteran died, the veteran was entitled to monthly for a service-connected illness, condition, or disease
Veterans’ surviving dependents are routinely denied accrued benefits claims. This is partly because this area of VA benefits can be complex and confusing. Fortunately, our VA lawyers will be able to walk you through the process of obtaining accrued benefits.
We understand that this is a stressful time in your life. While it’s never easy to lose a loved one, our veterans attorneys will be able to walk you through the steps of receiving accrued benefits from the VA. Our VA lawyers have experience helping spouses, children, and dependent parents receive the accrued benefits they deserve.