If you look at the list of VA Benefits that the VA says are available to the spouses and surviving children of service-connected veterans, you will see a good long list of possible benefits that the VA has available.

However, there is one missing – “accrued benefits”.  The VA defines “accrued benefits” in the instructions to VA Form 21-534 as a claim for “any money the VA owes the veteran but did not pay prior to his/her death.  Typically, a Veteran’s spouse or eligible surviving child will file the VA Form 21-534, which is a simultaneous application for many other survivor benefits from the VA.

What the VA does not tell spouses and eligible surviving children is that this includes compensation that the VA should have paid to the Veteran for a pending VA Disability Claim, but did not.    Generally speaking, if a Veteran has a VA disability compensation claim pending, the Veteran’s spouse or surviving child is entitled to any “accrued benefits” from that claim.  In other words, even though a Veteran’s claim technically dies with the Veteran, in some situations, the surviving spouse and/or eligible surviving child may be able to take up the claim in their own right.

However, even though a Veteran’s claim for compensation for a service-connected disability technically dies with the Veteran, the spouse or eligible surviving child may be entitled to recover those benefits to which the Veteran would have been entitled if he had lived.

Here are the three (3) basic elements of an accrued benefits claim:

1) A claim must be filed within the year after the Veteran’s death.  A claim for any benefit using VA Form 21-534 is considered a claim for “accrued benefits”.  Also, a claim for Social Security survivor benefits is considered a claim for Survivor Benefits through the VA, even if you only sent the application to the Social Security Administration.

2) The Veteran must have a “pending claim”.  The definition of “pending claim” can be very broad or narrow, depending on the unique fact situation that you are in, and it is best that you contact an attorney familiar with “accrued benefits” claims from the VA to determine if your spouse had a “pending claim” at the time of his/her death.

3) Based on the evidence in the record at the time of the Veteran’s death, the Veteran was entitled to monthly disability compensation for a service-connected illness or condition or disease.

if the Veteran would have provided that evidence to prevail in his or claim but for a failure in the VA’s Duty to Assist, then it is possible that an “accrued benefits” claim can be reopened for submission of additional evidence.

In summary, the “accrued benefits” claim is an oft-overlooked claim by Veteran’s spouses and eligible surviving children.

If you filed a claim for any survivor benefit within one (1) year of your Veteran spouse’s death, but the VA did not tell you whether you were entitled to the “accrued benefits” in your spouse’s pending claim, it is recommended that you contact an attorney familiar with VA disability compensation and benefits to determine whether or not the VA may owe you more compensation.

The Attig Law Firm represents U.S. Veterans who have been denied  benefits in their VA Disability claims for compensation due to injuries or diseases incurred during military service. The Firm currently represents peace-time and war-time veterans of all branches of the military, at all levels of the VA disability claim process (VA Regional Office, Board of Veterans’ Appeals, and the Court of Appeals for Veterans’ Claims). Contact the Attig Law Firm if you would like to discuss your claim for disability benefits before the VA.

No post on this website is meant to be legal advice and the posts on this website do not serve as a substitute for legal advice. Information is power, and we are providing this information to give you, the Veteran, some power. This information is not widely or easily accessible to Veterans.  The information presented on this website is a general description of law and processes; each case is different, and there may be approaches listed here that are not accurate or applicable to your case. Likewise, their may be information that is applicable to your case that is not provided on this Veterans Disability Compensation Blog.

It is very important that we note that each and every Veteran’s claim is different. Just because we were able to secure substantial past-due benefits for one Veteran does not mean or imply that we will be able to do so for you.   In some cases, we may not be able to secure you any financial compensation due to the facts of your particular case.

It is best to consult with a lawyer familiar with VA Disability claims to examine your particular case.  If you would like to discuss your VA claim with a lawyer who handles VA Benefits and Disability Appeals, contact the Attig Law Firm, PLLC, for a free consultation with a VA Disability attorney.

VA Disability attorneys at the Attig Law Firm, PLLC, represent Veterans in their  VA Disability Claims not only in Texas, Arkansas, Oklahoma, but in VA Disability Claims all around the United States, Puerto Rico, and even overseas Veterans in their claims for disability compensation from the Department of Veterans Affairs.