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Title 38 — Veterans’ Benefits

Part IV · Chapter 51 — Claims, Effective Dates, and Payments

§ 5121. Payment of certain accrued benefits upon death of a beneficiary

Statutory text

(a)

Except as provided in sections 3329 and 3330 of title 31, periodic monetary benefits (other than insurance and servicemen’s indemnity) under laws administered by the Secretary to which an individual was entitled at death under existing ratings or decisions or those based on evidence in the file at date of death (hereinafter in this section and section 5122 of this title referred to as “accrued benefits”) and due and unpaid, shall, upon the death of such individual be paid as follows:

(1)

Upon the death of a person receiving an apportioned share of benefits payable to a veteran, all or any part of such benefits to the veteran or to any other dependent or dependents of the veteran, as may be determined by the Secretary.

(2)

Upon the death of a veteran, to the living person first listed below:

(A)

The veteran’s spouse.

(B)

The veteran’s children (in equal shares).

(C)

The veteran’s dependent parents (in equal shares).

(3)

Upon the death of a surviving spouse or remarried surviving spouse, to the children of the deceased veteran.

(4)

Upon the death of a child, to the surviving children of the veteran who are entitled to death compensation, dependency and indemnity compensation, or death pension.

(5)

Upon the death of a child claiming benefits under chapter 18 of this title, to the surviving parents.

(6)

In all other cases, only so much of the accrued benefits may be paid as may be necessary to reimburse the person who bore the expense of last sickness and burial.

(b)

No part of any accrued benefits shall be used to reimburse any political subdivision of the United States for expenses incurred in the last sickness or burial of any beneficiary.

(c)

Applications for accrued benefits must be filed within one year after the date of death. If a claimant’s application is incomplete at the time it is originally submitted, the Secretary shall notify the claimant of the evidence necessary to complete the application. If such evidence is not received within one year from the date of such notification, no accrued benefits may be paid.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 85–857 · 72 Stat. 1105

    Enacted · 38 U.S.C. § 5121

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1228, § 3021

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1228, § 3021

  2. Veterans’ Compensation and Relief Act of 1972

    Pub. L. 92–328 title I § 105(b) · 86 Stat. 393

    Struck · 38 U.S.C. § 5121(a)

    Pub. L. 92–328 struck out reference to section 3203(a)(2)(A) of this title

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 92–328 struck out reference to section 3203(a)(2)(A) of this title.

    Enacted provision · exact public law section
    (b) Section 3021 (a) of title 38, United States Code, is amended by 72 Stat. 1228. deleting “section 3203(a)(2)(A) of this title and”.

  3. Pub. L. 97–258 § 3(k)(4) · 96 Stat. 1065

    Substituted · 38 U.S.C. § 5121(a)

    Pub. L. 97–258 substituted “sections 3329 and 3330 of title 31” for “sections 123–128 of title 31”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–258 substituted “sections 3329 and 3330 of title 31” for “sections 123–128 of title 31”.

  4. Veterans’ Health Care Amendments of 1983

    Pub. L. 98–160 title VII § 703(1) · 97 Stat. 993

    Substituted · 38 U.S.C. § 5121(a)(3)

    Pub. L. 98–160 substituted “surviving spouse” for “widow” in two places

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 98–160 substituted “surviving spouse” for “widow” in two places.

    Enacted provision · exact public law section
    (1) Sections 3010(k), 3010(l), 3010(m), and 3021(a)(3) are each amended by striking out “widow” each place it appears and inserting in lieu thereof “surviving spouse”.

  5. Pub. L. 99–576 § 701(66)(A) · 100 Stat. 3248

    Struck · 38 U.S.C. § 5121(a)

    Pub. L. 99–576, § 701(66)(A), struck out “his” after “entitled at”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–576, § 701(66)(A), struck out “his” after “entitled at”.

    Enacted provision · exact public law section
    (A) by striking out “his”; and

  6. Pub. L. 99–576 § 701(66)(B) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 5121(a)(2)(A)(C)

    Pub. L. 99–576, § 701(66)(B), substituted “The veteran’s” for “His”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A) to (C). Pub. L. 99–576, § 701(66)(B), substituted “The veteran’s” for “His”.

    Enacted provision · exact public law section
    (B) by striking out “His” in subparagraphs (A), (B), and (C) of paragraph (2) and inserting in lieu thereof “The veteran’s”.

  7. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 402(b)(1) · 105 Stat. 187

    Changed · 38 U.S.C. § 5121

    Pub. L. 102–40, § 402(b)(1), renumbered section 3021 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 402(b)(1), renumbered section 3021 of this title as this section.

    Enacted provision · exact public law section
    (1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  8. Department of Veterans Affairs Health-Care Personnel Act of 1991

    Pub. L. 102–40 § 402(d)(1) · 105 Stat. 187

    Substituted · 38 U.S.C. § 5121(a)

    Pub. L. 102–40, § 402(d)(1), substituted “5122” for “3022” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–40, § 402(d)(1), substituted “5122” for “3022” in introductory provisions.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by section 401(a)(4) or by subsection (b) is amended so that the reference refers to the section as redesignated.

  9. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5121(a)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in par. (1)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in par. (1).

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  10. Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5121(a)

    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in introductory provisions.

    Enacted provision · exact public law section
    (1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.

  11. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 5121(c)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  12. Veterans’ Benefits Improvements Act of 1996

    Pub. L. 104–275 title V § 507 · 110 Stat. 3322

    Substituted · 38 U.S.C. § 5121(a)

    Pub. L. 104–275 substituted “two years” for “one year” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–275 substituted “two years” for “one year” in introductory provisions.

    Enacted provision · exact public law section
    SEC. 507. INCREASE IN PERIOD FOR WHICH ACCRUED BENEFITS PAYABLE. Subsection (a) of section 5121 is amended by striking out “one year” in the matter preceding paragraph (1) and inserting in lieu thereof “two years”.

  13. Veterans’ Survivor Benefits Improvements Act of 2001

    Pub. L. 107–14 § 8(a)(16) · 115 Stat. 25

    Substituted · 38 U.S.C. § 5121(a)

    Pub. L. 107–14 substituted “hereinafter” for “hereafter” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–14 substituted “hereinafter” for “hereafter” in introductory provisions.

    Enacted provision · exact public law section
    (16) The following provisions are each amended by striking “hereafter” and inserting “hereinafter”: sections 545(a)(1), 1710B(e)(l), 3485(a)(l), 3537(a), 3722(a), 3763(a), 5121(a), 7101(a), 7105(b)(l), 7671, 7672(e)(l)(B), 7681(a)(1), 7801, and 8520(a).

  14. Veterans Benefits Act of 2003

    Pub. L. 108–183 § 104(c)(1) · 117 Stat. 2651

    Struck · 38 U.S.C. § 5121(a)

    Pub. L. 108–183, § 104(c)(1), struck out comma after “or decisions” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–183, § 104(c)(1), struck out comma after “or decisions” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1), by striking the comma after “or decisions”;

    Effective date note
    Pub. L. 108–183, title I, § 104(d), Dec. 16, 2003, 117 Stat. 2656, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [Dec. 16, 2003].”

  15. Veterans Benefits Act of 2003

    Pub. L. 108–183 § 104(a) · 117 Stat. 2651

    Struck · 38 U.S.C. § 5121(a)

    Pub. L. 108–183, § 104(a), struck out “for a period not to exceed two years” after “unpaid” in introductory provisions

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 108–183, § 104(a), struck out “for a period not to exceed two years” after “unpaid” in introductory provisions.

    Enacted provision · exact public law section
    (a) Repeal of Two-Year Limitation on Payment.— Section 5121(a) is amended by striking “for a period not to exceed two years” in the matter preceding paragraph (1).

    Effective date note
    Pub. L. 108–183, title I, § 104(d), Dec. 16, 2003, 117 Stat. 2656, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [Dec. 16, 2003].”

  16. Veterans Benefits Act of 2003

    Pub. L. 108–183 § 104(c)(2) · 117 Stat. 2651

    Substituted · 38 U.S.C. § 5121(a)(1)(4)

    Pub. L. 108–183, § 104(c)(2), substituted period for semicolon at end of pars. (1) to (4) and subpars. (A) and (B) of par. (2)

    Source evidence

    Code amendment note
    Subsec. (a)(1) to (4). Pub. L. 108–183, § 104(c)(2), substituted period for semicolon at end of pars. (1) to (4) and subpars. (A) and (B) of par. (2).

    Enacted provision · exact public law section
    (2) by striking the semicolon at the end of paragraphs (1), (2), (3), and (4), and at the end of subparagraphs (A) and (B) of paragraph (2), and inserting a period.

    Effective date note
    Pub. L. 108–183, title I, § 104(d), Dec. 16, 2003, 117 Stat. 2656, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [Dec. 16, 2003].”

  17. Veterans Benefits Act of 2003

    Pub. L. 108–183 § 104(b) · 117 Stat. 2651

    1. Added · 38 U.S.C. § 5121(a)(5); 38 U.S.C. § 5121(a)(6)

      Pub. L. 108–183, § 104(b), added par. (5)

    2. Redesignated · 38 U.S.C. § 5121(a)(5); 38 U.S.C. § 5121(a)(6)

      Pub. L. 108–183, § 104(b), redesignated former par. (5) as (6)

    Source evidence

    Code amendment note
    Subsec. (a)(5), (6). Pub. L. 108–183, § 104(b), added par. (5) and redesignated former par. (5) as (6).

    Enacted provision · exact public law section
    (b) Payment Recipients for Beneficiaries Under Chapter 18.— Such section is further amended— (1) by striking “and” at the end of paragraph (4); (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following new paragraph (5): “(5) Upon the death of a child claiming benefits under chapter 18 of this title, to the surviving parents.” .

    Effective date note
    Pub. L. 108–183, title I, § 104(d), Dec. 16, 2003, 117 Stat. 2656, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [Dec. 16, 2003].”

16 of 18 references resolved to an enrolled provision · 2 partial

Editorial Notes

Amendments1972–2003 · 8 rounds

2003

Subsec. (a). Pub. L. 108–183, § 104(c)(1), struck out comma after “or decisions” in introductory provisions.

Pub. L. 108–183, § 104(a), struck out “for a period not to exceed two years” after “unpaid” in introductory provisions.

Subsec. (a)(1) to (4). Pub. L. 108–183, § 104(c)(2), substituted period for semicolon at end of pars. (1) to (4) and subpars. (A) and (B) of par. (2).

Subsec. (a)(5), (6). Pub. L. 108–183, § 104(b), added par. (5) and redesignated former par. (5) as (6).

2001

Subsec. (a). Pub. L. 107–14 substituted “hereinafter” for “hereafter” in introductory provisions.

1996

Subsec. (a). Pub. L. 104–275 substituted “two years” for “one year” in introductory provisions.

1991

Pub. L. 102–40, § 402(b)(1), renumbered section 3021 of this title as this section.

Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in par. (1).

Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration” in introductory provisions.

Pub. L. 102–40, § 402(d)(1), substituted “5122” for “3022” in introductory provisions.

Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

1986

Subsec. (a). Pub. L. 99–576, § 701(66)(A), struck out “his” after “entitled at”.

Subsec. (a)(2)(A) to (C). Pub. L. 99–576, § 701(66)(B), substituted “The veteran’s” for “His”.

1983

Subsec. (a)(3). Pub. L. 98–160 substituted “surviving spouse” for “widow” in two places.

1982

Subsec. (a). Pub. L. 97–258 substituted “sections 3329 and 3330 of title 31” for “sections 123–128 of title 31”.

1972

Subsec. (a). Pub. L. 92–328 struck out reference to section 3203(a)(2)(A) of this title.

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Pub. L. 108–183, title I, § 104(d), , 117 Stat. 2656, provided that: “The amendments made by subsections (a) and (b) [amending this section] shall apply with respect to deaths occurring on or after the date of the enactment of this Act [].”

Effective Date of 1972 Amendment

Amendment by Pub. L. 92–328 effective first day of second calendar month which begins after , see section 301(a) of Pub. L. 92–328, set out as a note under section 1114 of this title.

Credits

1958–2003 · 10 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1228, § 3021
  2. 1972Pub. L. 92–328, title I, § 105(b), , 86 Stat. 395
  3. 1982Pub. L. 97–258, § 3(k)(4), , 96 Stat. 1065
  4. 1983Pub. L. 98–160, title VII, § 703(1), , 97 Stat. 1010
  5. 1986Pub. L. 99–576, title VII, § 701(66), , 100 Stat. 3296
  6. 1991renumbered § 5121 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), , 105 Stat. 238, 239
  7. 1991Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), , 105 Stat. 403–405
  8. 1996Pub. L. 104–275, title V, § 507, , 110 Stat. 3343
  9. 2001Pub. L. 107–14, § 8(a)(16), , 115 Stat. 35
  10. 2003Pub. L. 108–183, title I, § 104(a)–(c), , 117 Stat. 2656.
Show as published

(Pub. L. 85–857, , 72 Stat. 1228, § 3021; Pub. L. 92–328, title I, § 105(b), , 86 Stat. 395; Pub. L. 97–258, § 3(k)(4), , 96 Stat. 1065; Pub. L. 98–160, title VII, § 703(1), , 97 Stat. 1010; Pub. L. 99–576, title VII, § 701(66), , 100 Stat. 3296; renumbered § 5121 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), , 105 Stat. 238, 239; Pub. L. 102–83, § 4(a)(1), (b)(1), (2)(E), , 105 Stat. 403–405; Pub. L. 104–275, title V, § 507, , 110 Stat. 3343; Pub. L. 107–14, § 8(a)(16), , 115 Stat. 35; Pub. L. 108–183, title I, § 104(a)–(c), , 117 Stat. 2656.)

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