When a veteran dies, there may be VA disability benefits that were owed to them but had not yet been paid out. These are called accrued benefits, and they represent money the veteran had a legal right to receive based on existing evidence in their VA file at the time of death. Accrued benefits are not a new claim — they are a way for eligible survivors to collect what the VA already owed the veteran. This can include monthly compensation payments that were due but not yet disbursed, as well as benefits that would have been awarded based on a pending claim if the evidence in the file supported it.
Not everyone can claim accrued benefits, and there is a specific priority order. The surviving spouse has first priority. If there is no surviving spouse, dependent children of the veteran are next in line. After that, dependent parents may be eligible. In some cases, the person who paid for the veteran's last illness or burial expenses may have a claim to accrued benefits to reimburse those costs. The VA will determine who qualifies based on the relationship to the veteran and dependency status at the time of death.
One of the most important things to understand about accrued benefits is how they differ from substitution claims. With accrued benefits, the VA makes its decision based solely on the evidence that was already in the veteran's claims file on the date of death. No new evidence can be added or considered. With substitution, a qualified survivor steps into the veteran's pending claim and can continue to develop it by submitting new evidence, attending exams, and otherwise building the case. Because of this difference, substitution is generally more favorable if the claim was still being developed and needed additional evidence. However, if the veteran's file already contained strong supporting evidence, accrued benefits can be straightforward and resolved more quickly.
There is a filing deadline for accrued benefits claims. Eligible survivors must file within one year of the veteran's death. Missing this deadline typically means the benefits are forfeited, so it is important to act promptly. To file, you will need to submit a claim to the VA along with a copy of the veteran's death certificate and documentation proving your relationship to the veteran. If you are the surviving spouse, a marriage certificate and any relevant court documents are typically sufficient. For dependent children or parents, proof of dependency is required.
Accrued benefits commonly come into play in several situations. The most straightforward is when a veteran had a pending claim that was close to being decided and strong evidence already supported a favorable rating. Another common scenario is when the veteran was already receiving monthly compensation and died partway through a payment period — the partial month payment and any retroactive amounts owed become accrued benefits. They can also apply when the veteran had won an appeal but died before the increased payments were processed. In all of these cases, the survivor is entitled to collect what the VA owed.
Filing for accrued benefits can be emotionally difficult during an already painful time. Veterans Service Organizations are experienced in helping surviving family members navigate this process and can often handle much of the paperwork on your behalf. If you believe a deceased veteran may have had a pending claim or unpaid benefits, reaching out to a VSO or the VA directly as soon as possible is the best way to protect your rights and ensure you do not miss the one-year filing window.
Note: This article references sections of the VA's M21-1 Adjudication Procedures Manual. The VA periodically reorganizes the M21-1 and section numbers may have changed since this article was written. For the most current section references, visit the VA's public M21-1 Web Automated Reference Material System (WARMS).