Six Types of Survivor’s Benefits: Substitution

Survivor’s benefits are awarded to the survivors of deceased veterans, awarded based on the veteran’s service and/or service-connected disabilities.

Who is eligible? A surviving spouse; dependent children under the age of 18; children who are over 18 but permanently incapable of self-support; dependent parents, based on income; and persons who paid the veteran’s funeral expenses. 

There are six categories of survivor’s benefits; the first is Substitution benefits as defined in 38 C.F.R. §3.1010. This represents a request from the survivor to “substitute” for the deceased veteran in a claim or appeal that was pending before the Regional Office or the Board of Veterans’ Appeals at the time of the veteran’s death.

The substituted individual applies to receive only the accrued benefits up to the date the veteran passed away, and the request must be filed within one year of the veteran’s death. Qualifying survivors have the same rights to the funds as the veteran did.

For example, if the veteran in question had a pending claim for total disability at the time of his or her death, the surviving spouse could substitute, complete the claim and obtain any back pay or other benefits that would have been payable to the veteran at the time of his death.

Contact a VVA Veteran Service Officer to assist with your claim in states that have a benefits program here, or search for a VSO from another organization through the VA’s website in states where VVA doesn’t. Enter your ZIP code or city and state, and you’ll see which VSOs serve your area.

Watch this space for more information on survivor’s benefits in the weeks to come!