M21-1 Manual / Part XI, Subpart ii, Chapter 2

Month of Death (MOD) Benefit

M21-1, Part XI, Subpart ii, Chapter 2

Overview

In This Chapter

This chapter contains the topic, “Determining the Surviving Spouse’s Entitlement to Benefits for the MOD.”

1. Determining the Surviving Spouse’s Entitlement to Benefits for the MOD

Introduction

This topic contains information on determining the surviving spouse’s entitlement to the deceased Veteran’s rate of benefits for the MOD, including

death occurred on or after
- December 1, 1962
- October 1, 1982, and
- January 1, 1997
paying the MOD when withholdings are involved
determining surviving spouse’s entitlement rate
determining award when apportionment is required
what constitutes a MOD claim
verifying the identity of the claimant
returning payments issued after the Veteran’s death, and
examples of payment under 38 CFR 3.20(c).

Change Date

December 15, 2025

XI.ii.2.1.a. Death Occurred on or After December 1, 1962

For historical purposes, if the Veteran died on or after December 1, 1962, but before October 1, 1982, payment is made to the surviving spouse for the month of death (MOD) under 38 CFR 3.20(a).If the Veteran was receiving, or was entitled to receive, disability compensation or pension, or Medal of Honor Pension, then the rate payable for the MOD is whichever of the following is greater:

the monthly rate of the specific survivors benefit awarded, or
the full rate that would have been payable to the Veteran.

Note: The full rate payable to the Veteran includes
additional compensation for dependents
special monthly compensation
allowance for aid and attendance and housebound status
Medal of Honor Pension, and
any apportioned shares.

XI.ii.2.1.b. Death Occurred on or After October 1, 1982

For historical purposes, if the Veteran died on or after October 1, 1982, but before January 1, 1997, payment is made to the surviving spouse for the MOD under 38 CFR 3.20(b). Example: A surviving spouse’s entitlement to survivors benefits has been established. The claim for benefits was received within one year of the Veteran’s death. The surviving spouse’s rate of payment is less than the Veteran’s rate for the MOD. Result: The surviving spouse is eligible for the Veteran’s rate for the MOD under 38 CFR 3.20(b). Payment for the MOD is made on the original award. Use the table below to determine the surviving spouse’s benefit rate for the MOD.
If the Veteran … Then the surviving spouse is …
died on or after October 1, 1982 entitled to payment for the MOD only if the Veteran’s rate for the MOD is greater than the monthly rate of Survivors Pension or DIC to which the surviving spouse is entitled. Note: If payments of Survivors Pension or DIC are greater than the Veteran’s MOD, commence survivors benefits the first day of the month following death.
died on or after October 1, 1982
was receiving military retired pay, and
would have been awarded the available difference for the MOD pending a total waiver of retired pay
not entitled to payment for the MOD, if the Veteran’s net Department of Veterans Affairs (VA) benefit would have been less that the rate payable to the surviving spouse in their own right, even though the Veteran’s gross entitlement to VA benefits might have exceeded the surviving spouse’s rate.
Note: For historical purposes for Veterans who died on or after October 1, 1982, but before January 1, 1997, if, after receiving payment under 38 CFR 3.20(c), the surviving spouse becomes entitled to death benefits from the date of the Veteran’s death at a rate higher than the amount paid under 38 CFR 3.20(c)
withhold the amount paid under 38 CFR 3.20(c) from the date of entitlement under type 1 withholding, and
suppress the system-generated award letter, if applicable, and annotate the award,“[Amount] withheld to recover payment made under 38 CFR 3.20(c)."

XI.ii.2.1.c. Death Occurred on or After January 1, 1997

If the Veteran died on or after January 1, 1997, entitlement to payment for the Veteran’s MOD will be paid to the surviving spouse regardless of the Survivors Pension or DIC rate under 38 CFR 3.20(c). Notes:
A claim for MOD is not required and payment can be made as long as evidence establishes the claimant’s relationship to the Veteran.
In order to establish dependency for MOD entitlement, VA needs the surviving spouse’s name, date of birth, Social Security number, and address.

XI.ii.2.1.d. Paying the MOD When Withholdings Are Involved

When the Veteran’s benefit is in withholding in any amount at death, only the net amount may be awarded to the surviving spouse as an MOD payment. This includes when benefits are being

withheld due to MRP
garnished for a federal overpayment, or
allocated for an apportionment.

Exception: If the Veteran passed away during the month of their first effective date of payment, and benefits were withheld for that same month due to the Cutoff Dates to Change C&P Payment Method, the amount that the Veteran would have received but for this specific withholding (gross amount in this case) of the MOD is payable to the surviving spouse.References: For more information on payment of MOD, see 38 U.S.C. 5310(a)(2).

XI.ii.2.1.e. Determining Surviving Spouse’s Entitlement Rate

For instructions on how to initiate the appropriate payment to the surviving spouse, see M21-1, Part XI, Subpart i, 1.B.
Note: Per change in Public Law 112-154, if the Veteran’s rate for the MOD is later adjusted based on accrued benefits, prepare an amended award to pay the difference to the surviving spouse. Use the table below to determine the appropriate end product (EP) controls to ensure the correct MOD payment amount is reflected within the corporate record.
If the payment is concerning ... Then the appropriate EP and claim label is ... And use payee ...
the increased MOD payment EP 290 PMC MOD Check Request 10.
any accrued benefits outside of the MOD
EP 165 PMC-Accrued, or
the appropriate EP in that series
00.
References: For more information on
the MOD payment, see 38 U.S.C. 5310, and
the accrued benefit EP series, see M21-4, Appendix B.

XI.ii.2.1.f. Determining Award When Apportionment Is Required

If the surviving spouse is entitled to the Veteran’s disability rate for the MOD, and the award is to be apportioned, then the

child’s apportioned share for the MOD is the same apportioned rate payable to the child for the month after the MOD, based on the recurring survivors benefit rate, and
the surviving spouse’s apportioned share for the MOD is the difference between the Veteran’s disability rate and the child’s apportioned share.

XI.ii.2.1.g. What Constitutes a MOD Claim

Consider any communication from the surviving spouse requesting the Veteran’s benefit for the MOD as a claim for payment for the MOD under 38 U.S.C. 5101. Notes:
Telephone or written communications are included in this stipulation.
Document telephone requests on VA Form 27-0820,Report ofGeneral Information.
Exception: A claim for payment of MOD may not be required when guidance in the M21-1, Part XI, Subpart ii, 2.1.c is applicable.

XI.ii.2.1.h. Verifying the Identity of the Claimant

The caller must provide oral verification satisfactory to the call agent or claims processor that the caller is the surviving spouse. Undertake appropriate development if there is any question as to the validity of the claimant’s status as the surviving spouse. This development can include

any legal documents that would establish the relationship, such as
- marriage certificates, or
- divorce decrees for prior marriages, or
requests to legal entities for such legal documents that are known to exist.

XI.ii.2.1.i. Returning Payments Issued After the Veteran’s Death

If VA issues any payments in the Veteran’s name after the Veteran’s death, those payments must be returned to VA. The deceased Veteran’s estate is not entitled to payments made payable to the Veteran issued after the date of death.If funds were issued by Direct Deposit, you may leave those funds in the deceased Veteran’s account. VA will attempt to automatically reclaim such overpayments from the deceased Veteran’s financial institution within 45 – 60 calendar days of receiving the first notification of the Veteran’s death. If funds are not automatically reclaimed, the VA Debt Management Center will contact the deceased Veteran’s estate with instructions on how to repay any overpayments.If you still have any outstanding U.S. Treasury checks made payable to the Veteran, they must be returned to:U.S. Department of TreasuryBureau of Fiscal ServiceP.O. Box 51316Philadelphia, PA 19115-6316Please be aware, only outstanding (uncashed) U.S. Treasury checks should be returned to the address above. The U.S. Treasury cannot accept any personal checks or money orders.

XI.ii.2.1.j. Examples of Payment Under 38 CFR 3.20(c)

Example 1: A surviving spouse’s entitlement to survivors benefits has been established. The claim for benefits was received more than one year after the Veteran’s death. Result: The surviving spouse is eligible for a benefit for the MOD in an amount equal to the Veteran’s rate of payment under 38 CFR 3.20(c). Example 2: The surviving spouse’s entitlement to survivors benefits has been denied. Result: The surviving spouse is eligible for the Veteran’s benefit for the MOD under 38 CFR 3.20(c)(1).

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part XI, Subpart ii, Chapter 2 (U.S. government work, reproduced for reference). Browse all sections →