Data / Federal rules / 2024-04895
Clarification of VA's Processing of Survivors Benefits Claims
The Veterans Affairs Department published this proposed rule in the Federal Register on March 11, 2024. Comments closed on May 10, 2024.
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What the agency says
The Department of Veterans Affairs (VA) proposes to amend its adjudication regulations concerning survivors benefits claims. With respect to claims processing, VA proposes to 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.
Key facts
- Document number
- 2024-04895
- Type
- Proposed rule
- Action
- Proposed rule
- Agency
- Veterans Affairs Department
- Published
- March 11, 2024
- Comments due
- May 10, 2024
- Dates
- Comments must be received on or before May 10, 2024.
- Regulation ID (RIN)
- 2900-AR32
- Code of Federal Regulations
- 38 CFR 3; 38 CFR 8; 38 CFR 20
- Topics
- Administrative practice and procedure; Claims; Disability benefits; Health care; Life insurance; Military personnel; Pensions; Radioactive materials; Veterans; Vietnam
- Pages
- 5
Other documents from the Veterans Affairs Department
| Document | Type | Published |
|---|---|---|
| Rescission of Outdated Veterans Choice Program Regulations 2026-15210 | Final rule | Jul 28 |
| Expansion of VA Process for 72-Hour Notification of Emergency Treatment 2026-13971 | Final rule | Jul 10 |
| Nondiscrimination in Federally-Assisted Programs of the Department of Veterans Affairs 2026-12924 | Proposed rule | Jun 26 |
| Implementing Regulation for National Environmental Policy Act (NEPA): Environmental Effects of the Department of Veterans Affairs Actions 2026-11973 · significant | Final rule | Jun 15 |
| Grants for the Rural Veterans Coordination Pilot; Rescission 2026-11752 | Final rule | Jun 11 |
| Processing Certain Veteran-Requested Veteran Readiness and Employment Benefit Changes Without Administrative Delays 2026-11195 | Proposed rule | Jun 4 |
| Regulation for Federal Financial Assistance 2026-10817 | Proposed rule | May 29 |
| Expanding Access to State Prescription Drug Monitoring Programs 2026-10084 | Proposed rule | May 20 |
Everything from the Veterans Affairs Department · Rules on administrative practice and procedure · Rules on claims · Rules on disability benefits · Published in March 2024
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