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Title 38, Veterans' BenefitsRelease 119-110

§5121A Substitution in Case of Death of Claimant

Title 38 › PART IV — GENERAL ADMINISTRATIVE PROVISIONS › CHAPTER 51 — CLAIMS, EFFECTIVE DATES, AND PAYMENTS › SUBCHAPTER III — PAYMENT OF BENEFITS › § 5121A

Last updated Sep 22, 2026|Official source

Summary

If someone dies while a benefit claim or an appeal is still pending, a living person who would be eligible to get any accrued benefits from that claimant can ask to take over the claim. The request must be filed within one year after the claimant’s death. The person must give proof of their right to take over and follow the rules the Secretary sets about timing and evidence. Who may qualify to take over is decided by the rules that govern accrued-benefit claims.

Full Legal Text

Title 38, §5121A

Veterans' Benefits, Source: USLM XML via OLRC

(a)Substitution.—
(1)If a claimant dies while a claim for any benefit under a law administered by the Secretary, or an appeal of a decision with respect to such a claim, is pending, a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title may, not later than one year after the date of the death of such claimant, file a request to be substituted as the claimant for the purposes of processing the claim to completion.
(2)Any person seeking to be substituted for the claimant shall present evidence of the right to claim such status within such time as prescribed by the Secretary in regulations.
(3)Substitution under this subsection shall be in accordance with such regulations as the Secretary may prescribe.
(b)Limitation.—
Those who are eligible to make a claim under this section shall be determined in accordance with section 5121 of this title.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 110–389, title II, § 212(c), Oct. 10, 2008, 122 Stat. 4151, provided that: “Section 5121A of title 38, United States Code, as added by subsection (a), shall apply with respect to the claim of any claimant who dies on or after the date of the enactment of this Act [Oct. 10, 2008].”

Reference

Citations & Metadata

Citation

38 U.S.C. § 5121A

Title 38, Veterans' Benefits

Last Updated

Sep 22, 2026

Release point: 119-110