Current through Register Vol. 48, No. 12, March 22, 2024
a) Survivor Compensation
Payment of $1,000 will be made to the widow or widower, child
or children, mother and/or father, person standing in loco parentis, or
brothers and/or sisters, in the order named, of any deceased person with a
service-connected death who would be entitled to compensation under Section 2
of the Act, if still living.
b) Proof of Death of Eligible Veteran
1) Proof of Death While in Service
A copy of the letter from the Armed Forces to the next of kin
announcing the death must be submitted with an application for compensation
under the Act.
2) Death
Resulting from Service-Related Disability
A)
If the death resulted from a Viet Nam Campaign service-connected disability, a
copy of the death certificate must be furnished. The death of the veteran will
be considered as having been due to a service-connected disability when the
evidence establishes that the disability was either the principal or
contributory cause of death.
B)
Evidence of contributory causes must be supported by:
i) Statements from the U.S. Department of
Veterans Affairs that the contributory causes have been established to the
satisfaction of the VA and dependency compensation awarded;
ii) Statements from physicians who have been
aware of the nature and degree of the veteran's service-connected disabilities;
or
iii) Statements from other
persons who possess knowledge of the disability and the contributory
causes.
C) Non-eligible
Disabilities
Other service-connected disabilities will not entitle the
person to compensation.
c) Proof of Eligibility
The survivors applying for compensation shall prove that the
veteran is deceased, furnishing a copy of the official notification of death.
Additionally, each category of survivor shall submit the following additional
documentation:
1) A spouse making
application must prove marriage of the parties and that they were legally
married at the time of the death of the veteran.
2) A child making application must prove:
A) Legal marriage of the veteran and the
other parent of the child.
B) That
the veteran's legal spouse is now deceased or was divorced from the veteran. A
copy of the death certificate or divorce decree shall be attached.
3) A parent making application
must prove:
A) That the veteran was unmarried
or, if married, that the spouse is deceased or was divorced from the veteran. A
copy of the death certificate or divorce decree shall be attached.
B) That, if the veteran was married, there
were no children or, if there were children, all are deceased. A copy of the
death certificate shall be attached.
C) If only one parent is applying, that the
other parent is deceased. A copy of the death certificate shall be
attached.
D) That the veteran was
the son or daughter of the claimant. A copy of the birth certificate shall be
attached.
4) A person
standing in loco parentis must prove that he or she stood in that capacity to
the veteran and must comply with the requirements of subsection
(c)(3).
5) A sibling must comply
with the requirements of subsections (c)(1) and (2) and must prove:
A) That both parents of the veteran are
deceased and that no one stood in loco parentis to the veteran. Copies of death
certificates will suffice to prove death. Affidavits of responsible persons
having knowledge of the facts should be sufficient to show that no one stood in
loco parentis toward the veteran.
B) That a relationship of brother or sister
existed between the applicant and the veteran. Affidavits of responsible
persons shall accompany the application.
d) Succeeding Survivors
When a survivor fails to file a claim for compensation within 2
years after the official notice of the death of the veteran, the Department may
consider applications from succeeding survivors. The order of succession is as
stated in subsection (a).