38 U.S.C. § 5121 : US Code - Section 5121: Payment of certain accrued benefits upon death of a beneficiary

Search 38 U.S.C. § 5121 : US Code - Section 5121: Payment of certain accrued benefits upon death of a beneficiary

(a) Except as provided in sections 3329 and 3330 of title 31,
periodic monetary benefits (other than insurance and servicemen's
indemnity) under laws administered by the Secretary to which an
individual was entitled at death under existing ratings or
decisions or those based on evidence in the file at date of death
(hereinafter in this section and section 5122 of this title
referred to as "accrued benefits") and due and unpaid, shall, upon
the death of such individual be paid as follows:
(1) Upon the death of a person receiving an apportioned share
of benefits payable to a veteran, all or any part of such
benefits to the veteran or to any other dependent or dependents
of the veteran, as may be determined by the Secretary.
(2) Upon the death of a veteran, to the living person first
listed below:
(A) The veteran's spouse.
(B) The veteran's children (in equal shares).
(C) The veteran's dependent parents (in equal shares).
(3) Upon the death of a surviving spouse or remarried surviving
spouse, to the children of the deceased veteran.
(4) Upon the death of a child, to the surviving children of the
veteran who are entitled to death compensation, dependency and
indemnity compensation, or death pension.
(5) Upon the death of a child claiming benefits under chapter
18 of this title, to the surviving parents.
(6) In all other cases, only so much of the accrued benefits
may be paid as may be necessary to reimburse the person who bore
the expense of last sickness and burial.
(b) No part of any accrued benefits shall be used to reimburse
any political subdivision of the United States for expenses
incurred in the last sickness or burial of any beneficiary.
(c) Applications for accrued benefits must be filed within one
year after the date of death. If a claimant's application is
incomplete at the time it is originally submitted, the Secretary
shall notify the claimant of the evidence necessary to complete the
application. If such evidence is not received within one year from
the date of such notification, no accrued benefits may be paid.