Part XI, Subpart ii, Chapter 2

Revised July 31, 2026

XI.ii.2.1.a#Death Occurred on or After December 1, 1962, but Before October 1, 1982

For historical purposes, if the Veteran died on or after December 1, 1962, but before October 1, 1982, payment is made to the surviving spouse for the month of death (MOD) under 38 CFR 3.20(a).If the Veteran was receiving, or was entitled to receive, disability compensation or pension, or Medal of Honor Pension, then the rate payable for the MOD is whichever of the following is greater:

• the monthly rate of the specific survivors benefit awarded, or
• the full rate that would have been payable to the Veteran.

Note: The full rate payable to the Veteran includes

• additional compensation for dependents
• special monthly compensation
• allowance for aid and attendance and housebound status
• Medal of Honor Pension, and
• any apportioned shares.

Important : The full amount payable to the Veteran may not be the amount payable as the MOD when benefits are being garnished or withheld.Reference : For more information on the amount of MOD to pay when withholdings are involved, see M21-1, Part XI, Subpart ii, 2.1.d.

XI.ii.2.1.b#Death Occurred on or After October 1, 1982, but Before January 1, 1997

For historical purposes, if the Veteran died on or after October 1, 1982, but before January 1, 1997, payment is made to the surviving spouse for the MOD under 38 CFR 3.20(b). Example: A surviving spouse’s entitlement to survivors benefits has been established. The claim for benefits was received within one year of the Veteran’s death. The surviving spouse’s rate of payment is less than the Veteran’s rate for the MOD. Result: The surviving spouse is eligible for the Veteran’s rate for the MOD under 38 CFR 3.20(b). Payment for the MOD is made on the original award. Use the table below to determine the surviving spouse’s benefit rate for the MOD.

Note: For historical purposes for Veterans who died on or after October 1, 1982, but before January 1, 1997, if, after receiving payment under 38 CFR 3.20(c), the surviving spouse becomes entitled to death benefits from the date of the Veteran’s death at a rate higher than the amount paid under 38 CFR 3.20(c)

• withhold the amount paid under 38 CFR 3.20(c) from the date of entitlement under type 1 withholding, and

• suppress the system-generated award letter, if applicable, and annotate the award,“ [Amount] withheld to recover payment made under 38 CFR 3.20(c)."

XI.ii.2.1.c#Death Occurred on or After January 1, 1997

If the Veteran died on or after January 1, 1997, entitlement to payment for the Veteran’s MOD will be paid to the surviving spouse regardless of the Survivors Pension or DIC rate under 38 CFR 3.20(c). Notes:

• A claim for MOD is not required and payment can be made as long as evidence establishes the claimant’s relationship to the Veteran.
• In order to establish dependency for MOD entitlement, VA needs the surviving spouse’s name, date of birth, Social Security number, and address.

XI.ii.2.1.d#Paying the MOD When Withholdings Are Involved

When the Veteran’s benefit is in withholding in any amount at death, only the net amount may be awarded to the surviving spouse as an MOD payment. This includes when benefits are being

• withheld due to MRP
• garnished for a federal overpayment, or
• allocated for an apportionment.

Exceptions :

• If the Veteran passed away during the month of their first effective date of payment, and benefits were withheld for that same month due to the Cutoff Dates to Change C&P Payment Method, the amount that the Veteran would have received but for this specific withholding (gross amount in this case) of the MOD is payable to the surviving spouse.
• Allocations for an apportionment may be included in the MOD payment when the Veteran’s death occurred on or after December 1, 1962, but before October 1, 1982.

References : For more information on

• payment of MOD, see 38 U.S.C. 5310(a)(2), and
• MOD payment when the Veteran’s death occurred on or after December 1, 1962, but before October 1, 1982, see M21-1, Part XI, Subpart ii, 2.1.a.

XI.ii.2.1.e#Determining Surviving Spouse’s Entitlement Rate

For instructions on how to initiate the appropriate payment to the surviving spouse, see M21-1, Part XI, Subpart i, 1.B.
Note: Per change in Public Law 112-154, if the Veteran’s rate for the MOD is later adjusted based on accrued benefits, prepare an amended award to pay the difference to the surviving spouse. Use the table below to determine the appropriate end product (EP) controls to ensure the correct MOD payment amount is reflected within the corporate record.

References : For more information on

• the MOD payment, see 38 U.S.C. 5310, and
• the accrued benefit EP series, see M21-4, Appendix B.

XI.ii.2.1.f#Determining Award When Apportionment Is Required

If the surviving spouse is entitled to the Veteran’s disability rate for the MOD, and the award is to be apportioned, then the

• child’s apportioned share for the MOD is the same apportioned rate payable to the child for the month after the MOD, based on the recurring survivors benefit rate, and
• the surviving spouse’s apportioned share for the MOD is the difference between the Veteran’s disability rate and the child’s apportioned share.

XI.ii.2.1.g#What Constitutes a MOD Claim

Consider any communication from the surviving spouse requesting the Veteran’s benefit for the MOD as a claim for payment for the MOD under 38 U.S.C. 5101. Notes:

• Telephone or written communications are included in this stipulation.
• Document telephone requests on VA Form 27-0820, Report of General Information.

Exception : A claim for payment of MOD may not be required when guidance in the M21-1, Part XI, Subpart ii, 2.1.c is applicable.

XI.ii.2.1.h#Verifying the Identity of the Claimant

The caller must provide oral verification satisfactory to the call agent or claims processor that the caller is the surviving spouse. Undertake appropriate development if there is any question as to the validity of the claimant’s status as the surviving spouse. This development can include

• any legal documents that would establish the relationship, such as
  • marriage certificates, or
  • divorce decrees for prior marriages, or
• requests to legal entities for such legal documents that are known to exist.

XI.ii.2.1.i#Returning Payments Issued After the Veteran’s Death

If VA issues any payments in the Veteran’s name after the Veteran’s death, those payments must be returned to VA. The deceased Veteran’s estate is not entitled to payments made payable to the Veteran issued after the date of death.If funds were issued by Direct Deposit, you may leave those funds in the deceased Veteran’s account. VA will attempt to automatically reclaim such overpayments from the deceased Veteran’s financial institution within 45 – 60 calendar days of receiving the first notification of the Veteran’s death. If funds are not automatically reclaimed, the VA Debt Management Center will contact the deceased Veteran’s estate with instructions on how to repay any overpayments._If you still have any outstanding U.S. Treasury checks made payable to the Veteran, they must be returned to:_U.S. Department of Treasury Bureau of Fiscal Service P.O. Box 51316 Philadelphia, PA 19115-6316 Please be aware, only outstanding (uncashed) U.S. Treasury checks should be returned to the address above. The U.S. Treasury cannot accept any personal checks or money orders.

XI.ii.2.1.j#Examples of Payment Under 38 CFR 3.20(c)

Example 1: A surviving spouse’s entitlement to survivors benefits has been established. The claim for benefits was received more than one year after the Veteran’s death. Result: The surviving spouse is eligible for a benefit for the MOD in an amount equal to the Veteran’s rate of payment under 38 CFR 3.20(c). Example 2: The surviving spouse’s entitlement to survivors benefits has been denied. Result: The surviving spouse is eligible for the Veteran’s benefit for the MOD under 38 CFR 3.20(c)(1).