Can I file a new disability claim for my deceased spouse?

Details

• Substitution under 38 U.S.C. § 5121A only applies to claims that were pending when the veteran died, not to claims never filed.
• Accrued benefits under 38 U.S.C. § 5121 are limited to evidence that was already in the veteran's file at the time of death.
• DIC, under 38 U.S.C. §§ 1310 and 1318, is a separate claim the survivor files in their own right and can include new evidence, such as a medical nexus opinion connecting the cause of death to service.
• Because DIC is not a continuation of the veteran's disability claim, it may be pursued even where substitution or accrued benefits are not available.
• An accredited representative can help determine which of these paths, if any, fits the specific facts of your case.