Revised July 12, 2015
XII.i.3.B.1.aAcceptable Proof of Death
Proof of death of the payee meeting the requirements of 38 CFR 3.211 is required in all cases, unless a statement is provided by surviving spouse, parent or fiduciary, furnishing month and year of death. Upon receipt of an acceptable statement or evidence of death of a payee, discontinue the award to the deceased payee.
XII.i.3.B.1.bControlling When Additional Evidence Is Required
If evidence is required to establish continued entitlement for one or more surviving beneficiaries, do not change his/her payments pending receipt of the required evidence within the 60-day control period established for this purpose.
XII.i.3.B.1.cAction Upon Receipt or Non-Receipt of Additional Evidence
Use the table below to determine the appropriate action when additional evidence is received or not received within the time period allowed.
| If the evidence is … | Then … |
|---|---|
not received by the expiration of the 60-day control period |
|
received within one year of the request for evidence |
|
2Awards to Survivors Upon the Death of a Surviving Spouse, Child, or Parent
This topic contains information on awards to survivors upon the death of a surviving spouse, child or parent, including
- action to take upon the death of a
- surviving spouse
- parent, and
- child
- adjusting
- awards to surviving beneficiaries after the death of a child, and
- apportioned awards after the death of a child, and
- determining the surviving spouse’s apportioned award.
Revised April 9, 2021
XII.i.3.B.2.aAction to Take Upon the Death of a Surviving Spouse
Upon the death of a surviving spouse, terminate the surviving spouse’s award, effective the first day of the month of death. Note: The provisions of M21-1, Part VII, Subpart i, 2.E.4 relating to action to take after the remarriage of a surviving spouse also apply when establishing the entitlement of children after the spouse’s death. Reference: For more information on end product credit, see M21-4, Appendix B.
XII.i.3.B.2.bAction to Take Upon the Death of a Parent
For information on the action to take upon the death of a parent in
- Dependency and Indemnity Compensation (DIC) cases, see M21-1, Part IX, Subpart iii, 1.D.6, and
- death compensation cases, see M21-1, Part VII, Subpart i, 4.B.7.c and d.
XII.i.3.B.2.cAction to Take Upon the Death of a Child
Discontinue payment of any benefits or share of benefits to a deceased child with
- no surviving spouse on the award, effective the first day of the month of death under 38 CFR 3.500(g)(l), and
- a surviving spouse on the same award, effective the first day of the month after death under 38 CFR 3.500(g)(2).
XII.i.3.B.2.dAdjusting Awards to Surviving Beneficiaries After the Death of a Child
Use the table below to determine how to adjust awards to surviving beneficiaries after the death of a child.
| If there is … | Then … |
|---|---|
no surviving spouse | |
Note: Consolidated payee 31-series awards are no longer used for payment of benefits to two or more children.
| do not adjust the award to the surviving spouse or to any other children since the award in this case is a separate benefit. |
a surviving spouse entitled, and the deceased was a minor child included on the spouse's award |
|
XII.i.3.B.2.eAdjusting Apportioned Awards After the Death of a Child
Use the table below to adjust apportioned awards after the death of a child.
| If the deceased child was … | Then … |
|---|---|
receiving an apportioned share of a surviving spouse’s award | adjust the surviving spouse’s award to authorize payment to the surviving spouse of the amount not paid to the deceased child from the date of discontinuance of the deceased child’s award. |
not the only apportionee | make a special apportionment authorizing the increased shares to the surviving children from the date of discontinuance of the deceased child’s award. |
XII.i.3.B.2.fDetermining the Surviving Spouse’s Apportioned Award
The surviving spouse’s share of an award is the balance remaining of the total amount payable based on the continued dependency code, including the deceased child, until the appropriate effective date for reduction or discontinuance required to reflect the loss of the dependent. If the award to a surviving spouse included an additional amount for the deceased child, reduce or discontinue the payee 10 award in accordance with the provisions in M21-1, Part VII, Subpart i, 1.C.4.
End of Part XII, Subpart i, Chapter 3, Section B