Part XII, Subpart ii, Chapter 2, Section BEligibility Determinations and Claims for the Special Allowance Under 38 U.S.C. 1312(a)

Revised February 3, 2011

XII.ii.2.B.1.a#Eligibility Determinations Made by VA

If the Veteran’s death occurs after separation from service, and there is possible entitlement to special allowance under 38 U.S.C. 1312(a) as described in M21-1, Part XII, Subpart ii, 2.A.1.a, the Department of Veterans Affairs (VA) makes the following determinations:

• line of duty and service connection for the cause of death as provided in 38 CFR 3.1(k) and 38 CFR 3.1(m), based on a service-connected disability incurred or aggravated after September 15, 1940, and
• whether discharge or release from active duty, active duty for training, or inactive duty training was under conditions other than dishonorable per 38 CFR 3.12 and 38 CFR 3.804.

XII.ii.2.B.1.b#Eligibility Determinations Made by SSA

The Social Security Administration (SSA) determines and certifies the following:

• whether the Veteran was fully and currently insured at the time of death
• whether there is a survivor eligible to receive the special allowance under 38 U.S.C. 1312(a)
• the first month of entitlement and the amount of monthly benefits that are to be paid to each eligible survivor under 38 U.S.C. 1312(a), and
• any subsequent determination requiring
  • deductions from monthly benefits
  • termination of entitlement, or
  • increases or decreases in monthly benefits.

2Claims for the Special Allowance Under 38 U.S.C. 1312(a)

This topic contains information on claims for the special allowance under 38 U.S.C. 1312(a), including

• accepting claims for the special allowance, and
• handling the receipt of VA Form 21-4182 , Application for Dependency and Indemnity Compensation or Death Pension (Including Accrued Benefits and Death Compensation Where Applicable) From the Department of Veterans Affairs (Supplement to Social Security Application Forms SSA-4, 5, 7 and 10).

Revised September 11, 2025

XII.ii.2.B.2.a#Accepting Claims for the Special Allowance

No special application is required to claim the special allowance under 38 U.S.C. 1312(a). Accept a claim for Dependency and Indemnity Compensation (DIC) on the following forms as a claim for special allowance when it is determined that the benefit is payable:

• VA Form 21P-534EZ, Application for DIC, Survivors Pension, and/or Accrued Benefits
• VA Form 21P-534a, Application for Dependency and Indemnity Compensation by a Surviving Spouse or Child - In-Service Death Only, or
• VA Form 21P-535, Application for Dependency and Indemnity Compensation by Parent(s) (Including Accrued Benefits and Death Compensation When Applicable).

Reference: For more information on eligibility for the special allowance, see M21-1, Part XII, Subpart ii, 2.A.1.a.

XII.ii.2.B.2.b#Handling the Receipt of VA Form 21-4182

Use the table below to determine how to handle the receipt of VA Form 21-4182, Application for Dependency and Indemnity Compensation or Death Pension (Including Accrued Benefits and Death Compensation Where Applicable) From the Department of Veterans Affairs (Supplement to Social Security Application Forms SSA-4, 5, 7 and 10).