Revised March 6, 2025
XI.i.2.B.1.aCircumstances Under Which It Is Necessary to Undertake Development
Undertake development to establish the fact of death, in accordance with 38 CFR 3.211(f), by the best obtainable evidence, when
- the death of a person cannot be established by any of the types of evidence outlined in 38 CFR 3.211(a)-(e), and
- the evidence of record indicates death occurred under circumstances that preclude recovery or identification of the body.
Important : For the purposes of this block, the term medical officer in 38 CFR 3.211(b) means a physician, nurse practitioner, or physician assistant with professional qualifications, expertise, and abilities who has been appointed by a company or a civilian or military authority to attend matters relating to health.
XI.i.2.B.1.bInformation to Request When Undertaking Development
When attempting to establish the fact of death, request certified statements containing the information referenced in the right-hand column of the table below from the persons identified in the left-hand column.
| From … | Request … |
|---|---|
the claimant |
|
persons that witnessed the incident during which the missing person allegedly died | a full description of the incident and (if known) the missing person’s involvement in it.Note: Request the information referenced in this cell from persons who have the most authentic information available concerning the alleged death if
|
Note: Official reports of any Federal agencies that conducted related investigations warrant consideration, but their decisions are not binding on the Department of Veterans Affairs (VA).
Reference: For more information on accepting decisions made by other Federal agencies, see
XI.i.2.B.1.cConsidering Evidence Suggesting Voluntary Disappearance
Consider any circumstance that might suggest the disappearance of a missing person was voluntary because of, for example,
- marital difficulties, or
- financial difficulties.
The existence of such circumstances does not preclude a finding of the fact of death. Exception: If the person whose death is alleged had an adequate opportunity to escape death and had reason to choose to disappear, apply the provisions of M21-1, Part VI, Subpart iii, 4.1 and 2 when the Veteran is the missing person.
2Undertaking Development When Death Occurred as a Result of a Disaster
This topic contains instructions for undertaking development when death occurred as a result of a disaster, including
- evidence of death in a disaster
- what to request when undertaking development
- disasters that are incidental to employment
- action to take if the evidence of record does not place the missing person at the scene of the disaster
- development actions when two or more Veterans are involved
- preparing signed copies of the finding for each related claims folder, and
- general facts cited in a finding of death.
Revised October 25, 2018
XI.i.2.B.2.aEvidence of Death in a Disaster
When a missing person is alleged to have died in a disaster and the body is not recovered or identified, request evidence that shows, as definitely as possible, that the missing
- person was at the scene of the disaster
- person was in imminent peril at the time the disaster occurred, and
- person’s disappearance was attributable to the disaster.
XI.i.2.B.2.bWhat to Request When Undertaking Development
When attempting to establish that death occurred during a disaster, request certified statements containing the information referenced in the right-hand column of the table below from the persons identified in the left-hand column.
| From … | Request … |
|---|---|
the claimant | the reason the claimant believes the missing person was at the scene of the disaster when it occurred. |
individuals who saw the missing person at the scene of the disaster
Examples:
| information regarding the disaster that would assist VA in establishing as facts the conditions described in M21-1, Part XI, Subpart i, 2.B.2.a. |
Note: Request a field examination as part of the development process, if necessary.
Reference: For more information about field examinations, see M21-1, Part X, Subpart v, 1.E.
XI.i.2.B.2.cDisasters That Are Incidental to Employment
If the disaster occurred incidental to employment, obtain a certified statement from the employer that includes the names of persons the employer believes were on duty at the time the disaster occurred. Rationale: The certified statement from the employer might prove useful in validating the credibility of other evidence of record that shows or implies the missing person died in the disaster.
XI.i.2.B.2.dAction to Take if the Evidence of Record Does Not Place the Missing Person at the Scene of the Disaster
If the evidence of record does not place the missing person at the scene of the disaster, obtain certified statements from friends, neighbors, and other persons who observed the individual on the day of the disaster. The statements should
- outline the missing person’s activities on that day, and
- set forth fully the reasons for believing that death may have occurred in the disaster.
XI.i.2.B.2.eDevelopment Actions When Two or More Veterans Are Involved
If information of record indicates a second Veteran is missing as a result of the same disaster or incident that occurred after separation from service, use the table below to determine the next course of action.
| If … | Then … |
|---|---|
VA has not yet initiated development for the pending claim | take action to determine |
| initiate joint development for both claims under the provisions of this section. |
VA has already decided (favorably or unfavorably) a claim associated with the second Veteran’s involvement in the same disaster or incident | consider evidence/information in the second Veteran’s record in determining the next action to take on the pending claim. |
a claim associated with the second Veteran’s involvement in the same disaster or incident has not yet been filed |
|
Reference: For more information about adding notes in VBMS, see the VBMS Core User Guide.
Reference: For information on common accidents that occurred during service, see M21-1, Part X, Subpart iv, 1.E.
XI.i.2.B.2.fPreparing Signed Copies of the Finding for Each Related Claims Folder
After making a formal determination in a case in which two or more Veterans are missing as a result of the same disaster that occurred after separation from service, prepare signed copies of the determination for each related claims folder, including
- those in which a claim was denied for failure to furnish evidence or some other reason, and
- cases in which no claim was filed.
XI.i.2.B.2.gGeneral Facts Cited in a Finding of Death
Subject to the provisions of 38 CFR 3.104(a) and (b), general facts cited in a finding of death that VA made for another Veteran who was involved in the same disaster are conclusive in establishing the circumstances of the disaster. Note: The general facts cited for one Veteran do not negate specific facts relating to the death or date of death of any other Veteran involved in the disaster.
3Preparation and Approval of a Finding of the Fact and Date of Death
This topic contains information on the preparation and approval of a finding of the fact and date of death, including
- preparing a finding of the fact of death, and
- determining the date of death.
Revised November 20, 2024
XI.i.2.B.3.aPreparing a Finding of the Fact of Death
Prepare a formal finding of the fact of death for the signature of a specified designee of the Veterans Service Center Manager or Pension Management Center Manager in the format shown in M21-1, Part X, Subpart v, 1.C.2.
XI.i.2.B.3.bDetermining the Date of Death
Circumstances surrounding an individual’s death dictate the date of death, which may be
- the date the individual was last seen alive
- the date the individual’s body was found, or
- any time between those dates.
End of Part XI, Subpart i, Chapter 2, Section B