Can a spouse continue a deceased veteran's VA claim?

Details

• Substitution applies under 38 U.S.C. § 5121A and 38 CFR § 3.1010 only to claims that were pending at the time of the veteran's death, including some appeals.
• The request is generally made within one year of the veteran's death, using VA Form 21P-0847.
• If substitution is not available or not requested, a survivor may instead be limited to accrued benefits based on evidence already in the file at death.
• Substitution does not create a new disability claim on the veteran's behalf; it continues an existing one.
• A survivor may pursue substitution or accrued benefits alongside a separate DIC claim, since DIC is not a continuation of the veteran's claim.