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VA RIN: 2900-AR32 Publication ID: Fall 2024 
Title: Clarification of VA's Processing of Survivors Benefits Claims 
Abstract:

The Department of Veterans Affairs (VA) amends its adjudication regulations concerning survivors benefits claims. With respect to claims processing, VA clarify that, if VA determines that a surviving spouse or child is eligible for dependency and indemnity compensation (DIC), VA would concurrently deny the co-existing claim for survivors pension, except where paying survivors pension would be more beneficial to the claimant, which would only be the case if the claimant is the veteran's surviving spouse and the claimant's application indicates that the claimant does not have any dependents, is currently in a nursing home, and has applied for or is currently receiving Medicaid. The intended effect of this rulemaking is to streamline and improve the timeliness of the adjudication of claims processing for VA survivors benefits while ensuring that claimants receive the greatest benefit allowed by law.

 
Agency: Department of Veterans Affairs(VA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 38 CFR 3.152    38 CFR 3.702   
Legal Authority: 38 U.S.C. 5101    38 U.S.C. 1317   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  03/11/2024  89 FR 17354   
NPRM Comment Period End  05/10/2024 
Final Action  05/00/2025 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
David Klusman
Lead Program Analyst
Department of Veterans Affairs
810 Vermont Avenue NW,
Washington, DC 20420
Phone:202 632-8863
Email: david.klusman@va.gov