What happens if a veteran dies with a VA claim pending?

Details

• Substitution (38 U.S.C. § 5121A) lets an eligible survivor step into the veteran's shoes and continue developing the claim, including submitting new evidence, but it must be requested — VA does not do this automatically.
• Accrued benefits (38 U.S.C. § 5121) are limited to the evidence that was actually in the veteran's file (or constructively in VA's possession) at the date of death; no new evidence can be added under this route.
• The two paths lead to different outcomes and different evidentiary limits, so the choice matters and generally cannot be revisited once a decision is made.
• There are time limits for requesting substitution, so survivors should not delay after the veteran's death.