§ 5121A. Substitution in case of death of claimant

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. 2008

   Veterans’ Benefits Improvement Act of 2008

   Pub. L. 110–389 title II § 212(a) · 122 Stat. 4145

   Enacted · 38 U.S.C. § 5121A

   (Added Pub. L. 110–389, title II, § 212(a), Oct. 10, 2008, 122 Stat. 4151.)

   Source evidence

   Code source credit
   (Added Pub. L. 110–389, title II, § 212(a), Oct. 10, 2008, 122 Stat. 4151.)

   Enacted provision · exact public law section
   (a) In General.— Chapter 51 is amended by inserting after section 5121 the following new section: “§ 5121A. Substitution in case of death of claimant “(a) Substitution.— (1) If a claimant dies while a claim for any benefit under a law administered by the Secretary, or an appeal of a decision with respect to such a claim, is pending, a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title may, not later than one year after the date of the death of such claimant, file a request to be substituted as the claimant for the purposes of processing the claim to completion. “(2) Any Regulations. person seeking to be substituted for the claimant shall present evidence of the right to claim such status within such time as prescribed by the Secretary in regulations. “(3) Substitution under this subsection shall be in accordance with such regulations as the Secretary may prescribe. “(b) Limitation.— Those who are eligible to make a claim under this section shall be determined in accordance with section 5121 of this title.” .

1 of 1 references resolved to an enrolled provision