
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-14 Section 8(a)(16)]
[CITE: 38USC5121]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART IV--GENERAL ADMINISTRATIVE PROVISIONS
 
            CHAPTER 51--CLAIMS, EFFECTIVE DATES, AND PAYMENTS
 
                   SUBCHAPTER III--PAYMENT OF BENEFITS
 
Sec. 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 (hereafter in this 
section and section 5122 of this title referred to as ``accrued 
benefits'') and due and unpaid for a period not to exceed two years, 
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; and
        (5) 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.

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1228, Sec. 3021; Pub. L. 92-
328, title I, Sec. 105(b), June 30, 1972, 86 Stat. 395; Pub. L. 97-258, 
Sec. 3(k)(4), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 98-160, title VII, 
Sec. 703(1), Nov. 21, 1983, 97 Stat. 1010; Pub. L. 99-576, title VII, 
Sec. 701(66), Oct. 28, 1986, 100 Stat. 3296; renumbered Sec. 5121 and 
amended Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7, 1991, 
105 Stat. 238, 239; Pub. L. 102-83, Sec. 4(a)(1), (b)(1), (2)(E), Aug. 
6, 1991, 105 Stat. 403-405; Pub. L. 104-275, title V, Sec. 507, Oct. 9, 
1996, 110 Stat. 3343.)


                               Amendments

    1996--Subsec. (a). Pub. L. 104-275 substituted ``two years'' for 
``one year'' in introductory provisions.
    1991--Pub. L. 102-40, Sec. 402(b)(1), renumbered section 3021 of 
this title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator'' in par. (1).
    Pub. L. 102-83, Sec. 4(a)(1), substituted ``administered by the 
Secretary'' for ``administered by the Veterans' Administration'' in 
introductory provisions.
    Pub. L. 102-40, Sec. 402(d)(1), substituted ``5122'' for ``3022'' in 
introductory provisions.
    Subsec. (c). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted 
``Secretary'' for ``Administrator''.
    1986--Subsec. (a). Pub. L. 99-576, Sec. 701(66)(A), struck out 
``his'' after ``entitled at''.
    Subsec. (a)(2)(A) to (C). Pub. L. 99-576, Sec. 701(66)(B), 
substituted ``The veteran's'' for ``His''.
    1983--Subsec. (a)(3). Pub. L. 98-160 substituted ``surviving 
spouse'' for ``widow'' in two places.
    1982--Subsec. (a). Pub. L. 97-258 substituted ``sections 3329 and 
3330 of title 31'' for ``sections 123-128 of title 31''.
    1972--Subsec. (a). Pub. L. 92-328 struck out reference to section 
3203(a)(2)(A) of this title.


                    Effective Date of 1972 Amendment

    Amendment by Pub. L. 92-328 effective first day of second calendar 
month which begins after June 30, 1972, see section 301(a) of Pub. L. 
92-328, set out as a note under section 1114 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 5122, 5310 of this title.
