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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. |
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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 |
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Timetable:
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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 |