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The VA disability process is famous for taking a long time, sometimes months or even years. Sadly, some veterans pass away while they are still waiting for the VA to finish reviewing their claim or appeal.

If this happens to your family, you should know that the claim doesn’t have to end there. You may still be able to receive the money that was owed to your loved one. There are two main ways the VA handles this: Accrued Benefits and Substitution.

What Are VA Accrued Benefits?

VA accrued benefits are payments that were owed to a veteran or beneficiary before their death but were not paid before they passed away. These benefits may include disability compensation, pension payments, or other VA benefits that had already been approved or were under review.

If the VA determines that benefits were owed at the time of death, eligible surviving family members may receive those unpaid amounts.

Accrued benefits are usually paid as a lump-sum payment covering the benefits that should have been paid before the veteran’s death.

What Benefits Can Be Paid Through Accrued Benefits?

Accrued benefits usually involve periodic monetary benefits that were owed to the veteran.

Examples may include:

VA disability compensation
VA pension benefits
Dependency and Indemnity Compensation (DIC)
Other recurring VA payments

However, the benefits paid through accrued benefits only cover the period up to the veteran’s date of death.

The VA does not pay benefits for periods after the veteran’s passing unless the survivor qualifies for another program, such as DIC.

Common Situations Where VA Accrued Benefits May Apply

VA accrued benefits may be available when the Department of Veterans Affairs determines that unpaid benefits existed at the time of a veteran’s death.

This often happens in situations such as:

A Pending VA Disability Claim: A veteran filed a VA disability claim, but passed away before the VA issued a decision.
A Pending VA Appeal: A veteran appealed a VA decision, but the appeal was still under review at the time of death.
Retroactive VA Benefits Owed: The VA-approved benefits that should have been paid for an earlier period, but payment had not yet been issued.
Unpaid or Uncashed VA Benefit Payments: In some cases, a veteran may have been entitled to payments that were never issued or deposited before their death.

If a veteran had no pending claim and no unpaid benefits at the time of death, accrued benefits may not be available.

Who Can Receive VA Accrued Benefits?

The VA follows a specific order of eligibility when distributing accrued benefits.

Typically, benefits are paid to the first eligible person in the following order:

Surviving spouse
Dependent children
Dependent parents

If there is no eligible surviving family member, the VA may reimburse the person who paid for the veteran’s final illness or burial expenses, but only up to the amount of the accrued benefits available.

Time Limits for Filing an Accrued Benefits Claim

One of the most important rules surrounding accrued benefits is the filing deadline. In most cases, eligible surviving family members must file a claim for accrued benefits within one year of the veteran’s death. If the claim is not submitted within that timeframe, they may lose the opportunity to receive those unpaid benefits. Therefore, families should consider reviewing their options as soon as possible after a veteran’s passing.

What Is VA Substitution?

While accrued benefits allow survivors to receive unpaid benefits, VA substitution allows an eligible family member to continue the veteran’s claim or appeal.

Substitution means that the surviving family member essentially steps into the veteran’s place in the VA claims process.

This can be important because:

The VA claim or appeal does not automatically end when the veteran dies
The substitute claimant may continue pursuing the case
The substitute claimant may continue pursuing the claim through the VA process.

Who Can Request Substitution?

The same individuals who may qualify for accrued benefits are typically eligible for substitution.

Eligible individuals may include:

Surviving spouses
Dependent children
Dependent parents

The person requesting substitution must show they are eligible to receive accrued benefits under VA rules.

If approved, the substitute claimant can continue the veteran’s claim or appeal until the VA reaches a final decision.

Why Substitution May Provide More Flexibility?

Substitution can give surviving family members more flexibility when continuing a pending VA claim or appeal after a veteran’s death.

When substitution is approved, the eligible survivor can continue developing the claim and responding to VA requests. This allows the claim to be developed further instead of being limited to the evidence that existed at the time of death.

For example, substitution may allow a surviving family member to:

Submit additional medical records that were not previously available
Provide statements from doctors linking a condition to military service
Submit evidence showing that a condition was more severe than previously documented
Continue pursuing a pending VA disability appeal
Participate in hearings before the Board of Veterans’ Appeals

In some cases, this additional evidence may support a stronger claim, including a higher disability rating or earlier effective date, which may increase the benefits owed before the veteran’s death.

In contrast, accrued benefits claims are limited to the evidence already in the VA file at the time of death. If important medical records or supporting documentation were never submitted, they generally cannot be added later.

Should Survivors Choose Accrued Benefits or Substitution?

The best option can depend on the circumstances of the claim. Substitution may be helpful when the claim still requires additional development. In these situations, the surviving family member may continue working on the case and provide further documentation to support the claim.

Accrued benefits claims are more limited. The VA decides the claim based on the evidence that was already in the file at the time of death.

Because of this difference:

Substitution may be appropriate when the pending claim still requires further development.
Accrued benefits may apply when the VA already has enough evidence to make a decision

In some situations, families may automatically be considered for accrued benefits when filing other survivor benefits. In other cases, a separate substitution request may be required.

Since each situation is different, reviewing the pending claim and the available evidence can help determine which option may be appropriate.

How to Apply for Accrued Benefits or Substitution?

Applying for accrued benefits or substitution generally involves submitting a claim to the VA along with supporting documents.

Common forms used in these cases include:

VA Form 21P-601: Application for Accrued Amounts Due a Deceased Beneficiary
VA Form 21P-534EZ: Application for Dependency and Indemnity Compensation (DIC), Survivors Pension, and Accrued Benefits
VA Form 21P-0847: Request for Substitution of Claimant Upon Death of Claimant

These forms typically require documentation such as:

Death certificate

Death certificate
Proof of relationship to the veteran
Medical and service records
Information about the pending claim or appeal

Providing complete documentation can help the VA review the request more efficiently.

Why Accrued Benefits and Substitution Can Be Complex?

The VA claims system is complex, and cases involving accrued benefits can add additional challenges.

Some of the difficulties may include:

Determining eligibility for survivors
Understanding filing deadlines
Gathering supporting documentation
Identifying whether substitution is possible
Navigating the VA appeals process

Because of these challenges, some families choose to seek legal guidance when reviewing potential accrued benefits claims.

Common Mistakes When Filing VA Accrued Benefits or Substitution Claims

Losing a loved one is hard enough without having to fight the VA at the same time. Many families miss out on the money they are owed simply because they didn’t know the rules. If you are looking into accrued benefits or “stepping into” a veteran’s pending claim, watch out for these common traps:

Some common mistakes include:

Missing the one-year deadline: This is the most common error. In almost every case, you only have 12 months from the day the veteran passed away to tell the VA you want to keep their claim moving. If you miss this date, the VA will usually close the file forever.
Forgetting to ask for Substitution: Many families only ask for the money already owed (accrued benefits). They forget to ask for a substitution. Without this, a claim that was halfway through the process might just stop.
Sending in the wrong paperwork: The VA is very strict about documents. They will almost always need an official death certificate and proof of your relationship, like a marriage license or birth certificate. If these are missing or hard to read, your file could sit on a shelf for months.
Assuming the claim ends when the veteran passes away: One of the biggest mistakes families make is thinking a VA claim “dies” with the veteran. That isn’t true. If the veteran earned those benefits, the law allows their family to keep fighting for them.
Not checking what is already in the file: Sometimes, the evidence needed to win the case is already sitting in the veteran’s records. Before you file new paperwork, it’s important to see exactly what the VA already has. You might be much closer to a win than you think.

How Legal Guidance May Help Survivors?

Survivors who are unsure about their options may consider speaking with a VA disability attorney.

Legal guidance may help with:

Understand the difference between accrued benefits and substitution
Determine whether a pending VA claim or appeal may continue
Identify important deadlines and filing requirements
Review available VA survivor benefit options
Understand the steps involved in the VA claims or appeals process

These steps can help families better understand the benefits that may still be available.

Why Choose Unruh Law, P.C. for VA Accrued Benefits and Substitution Cases?

Unruh Law, P.C., works with veterans and their families across the country to help them understand their options within the VA benefits system.

Families who work with our firm can expect:

Clear guidance through VA accrued benefits and substitution claims
Support in understanding VA rules, deadlines, and available options
Responsive communication and updates throughout the process
Remote access so families can work with our team from anywhere
A team focused on helping families pursue the benefits their loved one earned through service

Our goal is simple. We help families understand the process and pursue the VA benefits that may still be owed to their loved one.

Get Help Protecting the VA Benefits Your Loved One Earned

VA benefits exist to support veterans and their families. When a veteran passes away before receiving a decision on a pending claim, the situation can feel confusing and overwhelming.

Programs such as VA accrued benefits and substitution of claimant help ensure that the benefits the veteran earned are not automatically lost. Surviving spouses, children, and other eligible family members may still have options to pursue the benefits that were owed.

Understanding how these programs work can help families take the right steps to protect the benefits that may still be available.

Contact Unruh Law, P.C. today to learn how our team can assist you in pursuing the VA benefits that may still be owed to your loved one.

VA Accrued Benefits and Substitution

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