Part XI, Subpart ii, Chapter 4

Revised January 5, 2016

XI.ii.4.1.a#Definition: Imminent Death

Imminent death is a Department of War (DOW) term used for a service member

• who is terminally ill
• for whom an imminent death determination has been made, and
• who has been considered medically retired, such as to the Temporary Disability Retired List.

The service member usually dies less than 72 hours after release from service.

XI.ii.4.1.b#Jurisdiction for Imminent Death Cases

The Cleveland Regional Office (RO) processes death gratuity claims required by a service department in certain cases to establish eligibility under 38 U.S.C. 1323. These are handled as imminent death cases.The Cleveland RO also invites claims, when appropriate, and adjudicates any claims for survivors’ benefits.Important: The law requires the DOW to pay these claims within 24 hours of the notification of the death of the service member. ROs should contact the Cleveland RO immediately if they are contacted by a military casualty office indicating that they have a claim for such a deceased service member.

XI.ii.4.1.c#Jurisdiction for Non-Imminent Death Cases

Jurisdiction over non-imminent death cases must remain with the station of origination. If any questions arise over jurisdiction of a claim, contact the Cleveland RO.Reference: For information on how to contact the Cleveland RO, see M21-1, Part XI, Subpart ii, 4.1.d.

XI.ii.4.1.d#Contacting the Cleveland RO About Death Gratuity Claims

Refer all questions regarding death gratuity claims to the Veterans Service Center Manager (VSCM) at the Cleveland RO at (216) 522-4950. DOW Casualty Assistance provides the Cleveland RO with the documents required to complete a rating decision and issue a certificate to the Defense Finance and Accounting Service.

2Eligibility and Notification for Death Gratuity Certificates

This topic contains information on death gratuity certificates sent to service departments, including

• eligibility for death gratuity
• payment of death gratuity by service department
• when to issue a certificate of eligibility for death gratuity
• sending death gratuity certification letter
• what to include in death gratuity certification letter
• addressing the death gratuity certification letter
• noneligibility for death gratuity, and
• notifying claimants of noneligibility for death gratuity.

Revised February 3, 2022

XI.ii.4.2.a#Eligibility for Death Gratuity

Veterans may be eligible for death gratuity if they died under the circumstances referred to in 10 U.S.C. 1476(a) during the 120-day period after separation from

• active duty
• active duty for training, or
• inactive duty for training.

XI.ii.4.2.b#Payment of Death Gratuity by Service Department

Payment of death gratuity by the service department is contingent upon the Department of Veterans Affairs (VA) finding that the Veteran’s

• discharge or release from service was under conditions other than dishonorable, and
• death resulted from
  • a disease or injury incurred or aggravated during active duty or active duty for training, or
  • an injury incurred or aggravated during inactive duty for training.

Note: The determination as to service connection (SC) for the cause of death must be made under the standards and criteria applicable to 38 U.S.C. Chapter 11, except that line of duty is not a factor.

XI.ii.4.2.c#When to Issue a Certificate of Eligibility for Death Gratuity

Use the table below to determine when to issue a certificate of eligibility to service departments.

XI.ii.4.2.d#Sending Death Gratuity Certification Letter

Make certification by sending a letter addressed to the appropriate service department, Public Health Service, or the National Oceanic and Atmospheric Administration. If no request has been received, a Senior Veterans Service Representative or other designee must

• prepare and sign the letter in the name of the VSCM or Pension Management Center Manger, and
• forward the letter to the particular department concerned.

Reference: For more information on how to address the letter, see M21-1, Part XI, Subpart ii, 4.2.f.

XI.ii.4.2.e#What to Include in Death Gratuity Certification Letter

The certification letter must include information stating that

• the Veteran has died (provide the date of death)
• VA has determined that the Veteran’s discharge or release from service was under conditions other than dishonorable, and
• death resulted from
  • a disease or injury incurred or aggravated during active duty, or
  • an injury incurred or aggravated during inactive duty training.

If VA initiates the certification without a specific request from the service department, include the

• Veteran’s
  • rank
  • branch of service
  • Social Security number and service number, and
• name, address, and relationship of the person or persons who have filed a claim for DIC.

XI.ii.4.2.f#Addressing the Death Gratuity Certification Letter

Use the table below to determine how to address the certification letter.

National Oceanic and Atmospheric Administration
8403 Colesville Rd., Suite 500
Silver Spring, MD 20910

XI.ii.4.2.g#Noneligibility for Death Gratuity

If a claim for DIC has been filed and VA determines that death was not due to service or that the character of discharge precludes payment, do not

• refer to death gratuity in the denial letter, or
• notify the service department, unless a specific inquiry has been received from that department.

Use the table below to determine how to handle noneligibility for death gratuity when a specific inquiry has been received from the service department.

XI.ii.4.2.h#Notifying Claimants of Noneligibility for Death Gratuity

In the decision notice of noneligibility sent to the claimant, make no reference to the denied claim for death gratuity since that is a function of the service department.Instead, provide the claimant notice as follows:“ The [service department]has requested the Department of Veterans Affairs to make certain determinations which are required in connection with your claim for death gratuity in the case of the above-named Veteran. Accordingly, the evidence of record has been reviewed, but it has been determined (that the Veteran's death on _____ from _______ was not due to service) (that the Veteran was separated from service under conditions other than dishonorable) [whichever is appropriate]. ” Note : Furnish notice of procedural and decision review rights with this paragraph.