What happens to a VA claim when the veteran dies?
Last verified September 6, 2026 · Reviewed by Esteban Magallon, VA-Accredited Claims Agent
Details
- Substitution under 38 U.S.C. § 5121A and 38 CFR § 3.1010 lets an eligible survivor step into the veteran's shoes on a claim that was pending at death, using VA Form 21P-0847.
- Accrued benefits under 38 U.S.C. § 5121 and 38 CFR § 3.1000 may pay out amounts the veteran was due but had not yet been paid, limited to evidence in the file at death.
- A survivor generally must request substitution or file for accrued benefits within one year of the veteran's death.
- These are different from DIC, which is the survivor's own claim rather than a continuation of the veteran's disability claim.
- Whether a claim qualifies for substitution versus accrued benefits, or neither, depends on the claim's status and evidence at the time of death.
Related
This is general educational information about VA claims — not legal or medical advice. Individual outcomes depend on the record. Oakridge Claims is a private VA-Accredited Claims Agent practice and is not affiliated with the U.S. Department of Veterans Affairs.