M21-1 Manual / Part XI, Subpart ii, Chapter 4

Issuing Death Gratuity Certificates to Service Departments

M21-1, Part XI, Subpart ii, Chapter 4

Overview

In This Chapter

This chapter contains the following topics:

Topic	Topic Name
1	Death Gratuity Definitions and Jurisdiction
2	Eligibility and Notification for Death Gratuity Certificates

1. Death Gratuity Definitions and Jurisdiction

Introduction

This topic contains information on death gratuity certificates sent to service departments, including

definition of imminent death
jurisdiction for
- imminent death cases, and
- non-imminent death cases, and
contacting the Cleveland Regional Office (RO) about death gratuity claims.

Change Date

January 5, 2016

XI.ii.4.1.a. Definition: Imminent Death

Imminent death is a Department of War (DOW) term used for a service member
who is terminally ill
for whom an imminent death determination has been made, and
who has been considered medically retired, such as to the Temporary Disability Retired List.
The service member usually dies less than 72 hours after release from service.

XI.ii.4.1.b. Jurisdiction for Imminent Death Cases

The Cleveland Regional Office (RO) processes death gratuity claims required by a service department in certain cases to establish eligibility under 38 U.S.C. 1323. These are handled as imminent death cases.The Cleveland RO also invites claims, when appropriate, and adjudicates any claims for survivors’ benefits.Important: The law requires the DOW to pay these claims within 24 hours of the notification of the death of the service member. ROs should contact the Cleveland RO immediately if they are contacted by a military casualty office indicating that they have a claim for such a deceased service member.

XI.ii.4.1.c. Jurisdiction for Non-Imminent Death Cases

Jurisdiction over non-imminent death cases must remain with the station of origination. If any questions arise over jurisdiction of a claim, contact the Cleveland RO.Reference: For information on how to contact the Cleveland RO, see M21-1, Part XI, Subpart ii, 4.1.d.

XI.ii.4.1.d. Contacting the Cleveland RO About Death Gratuity Claims

Refer all questions regarding death gratuity claims to the Veterans Service Center Manager (VSCM) at the Cleveland RO at (216) 522-4950. DOW Casualty Assistance provides the Cleveland RO with the documents required to complete a rating decision and issue a certificate to the Defense Finance and Accounting Service.

2. Eligibility and Notification for Death Gratuity Certificates

Introduction

This topic contains information on death gratuity certificates sent to service departments, including

eligibility for death gratuity
payment of death gratuity by service department
when to issue a certificate of eligibility for death gratuity
sending death gratuity certification letter
what to include in death gratuity certification letter
addressing the death gratuity certification letter
noneligibility for death gratuity, and
notifying claimants of noneligibility for death gratuity.

Change Date

February 3, 2022

XI.ii.4.2.a. Eligibility for Death Gratuity

Veterans may be eligible for death gratuity if they died under the circumstances referred to in 10 U.S.C. 1476(a) during the 120-day period after separation from

active duty
active duty for training, or
inactive duty for training.

XI.ii.4.2.b. Payment of Death Gratuity by Service Department

Payment of death gratuity by the service department is contingent upon the Department of Veterans Affairs (VA) finding that the Veteran’s

discharge or release from service was under conditions other than dishonorable, and
death resulted from
- a disease or injury incurred or aggravated during active duty or active duty for training, or
- an injury incurred or aggravated during inactive duty for training.

Note: The determination as to service connection (SC) for the cause of death must be made under the standards and criteria applicable to 38 U.S.C. Chapter 11, except that line of duty is not a factor.

XI.ii.4.2.c. When to Issue a Certificate of Eligibility for Death Gratuity

Use the table below to determine when to issue a certificate of eligibility to service departments.

If …	Then …
a claim for Dependency and Indemnity Compensation (DIC) has been filed it is determined that the cause of death was incurred or aggravated in service, and death occurred within 120 days after separation from service under conditions other than dishonorable under 38 CFR 3.806	the RO issues a certificate of eligibility to the service department.Note: Furnish the certification even if a rating decision has determined that the cause of death, although incurred in service, was not incurred in the line of duty and, therefore, DIC is not payable.
a request for certification is received from the service department in a case in which no claim for DIC has been filed	prepare a rating for this specific purpose, and if the rating is favorable, furnish a certification of eligibility to the service department.

XI.ii.4.2.d. Sending Death Gratuity Certification Letter

Make certification by sending a letter addressed to the appropriate service department, Public Health Service, or the National Oceanic and Atmospheric Administration. If no request has been received, a Senior Veterans Service Representative or other designee must
prepare and sign the letter in the name of the VSCM or Pension Management Center Manger, and
forward the letter to the particular department concerned.
Reference: For more information on how to address the letter, see M21-1, Part XI, Subpart ii, 4.2.f.

XI.ii.4.2.e. What to Include in Death Gratuity Certification Letter

The certification letter must include information stating that

the Veteran has died (provide the date of death)
VA has determined that the Veteran’s discharge or release from service was under conditions other than dishonorable, and
death resulted from
- a disease or injury incurred or aggravated during active duty, or
- an injury incurred or aggravated during inactive duty training.

If VA initiates the certification without a specific request from the service department, include the

Veteran’s
- rank
- branch of service
- Social Security number and service number, and
name, address, and relationship of the person or persons who have filed a claim for DIC.

XI.ii.4.2.f. Addressing the Death Gratuity Certification Letter

Use the table below to determine how to address the certification letter.

Department	Address
Army	Commander US Army Human Resources Command ATTN: PDC-C (Casualty Support) 1600 Spearhead Division Ave Fort Knox, KY 40122
Air Force	AFPC Casualty Services Branch 550 C Street West JBSA-Randolph, TX 78150Note: Send a copy to the following address, as well:Air Force Military Personnel Center (AFPC/DPWC) Randolph AFB, TX 78148
Navy	Navy Personnel Command PERS-00C Navy Casualty OperationsATTN: Casualty Operations Branch Head 5720 Integrity Dr Millington, TN 38055-6200
Marine Corps	Commandant of the Marine Corps Casualty Section (MFPC) 2008 Elliot Road Quantico, VA 22134-5103
U.S. Coast Guard	US Coast Guard Headquarters ATTN: Chief of Casualty Matters, PSC-PD-FS-Casualty 2703 Martin Luther King Jr. Ave SE Washington, DC 20593-7200
Public Health Service	Public Health Service 1101 Wootton Parkway Plaza Level, Suite 100 Rockville, MD 20852
National Oceanic and Atmospheric Administration	Commissioned Personnel Division (CPC) National Oceanic and Atmospheric Administration 8403 Colesville Rd., Suite 500 Silver Spring, MD 20910

XI.ii.4.2.g. Noneligibility for Death Gratuity

If a claim for DIC has been filed and VA determines that death was not due to service or that the character of discharge precludes payment, do not
refer to death gratuity in the denial letter, or
notify the service department, unless a specific inquiry has been received from that department.
Use the table below to determine how to handle noneligibility for death gratuity when a specific inquiry has been received from the service department.
If the claimant for death gratuity … Then …
is the same person who filed a denied claim for DIC inform the service department
of the date on which that person was notified by VA of the determination that death was not service-connected, or
that the Veteran’s separation from service was not under conditions other than dishonorable.
has not filed a claim for DIC
prepare a rating denying SC for cause of death
notify the claimant of the VA determination, and
furnish a copy of the notification to the service department with a letter of transmittal.

XI.ii.4.2.h. Notifying Claimants of Noneligibility for Death Gratuity

In the decision notice of noneligibility sent to the claimant, make no reference to the denied claim for death gratuity since that is a function of the service department.Instead, provide the claimant notice as follows:“The[service department] has requested the Department of Veterans Affairs to make certain determinations which are required in connection with your claim for death gratuity in the case of the above-named Veteran. Accordingly, the evidence of record has been reviewed, but it has been determined (that the Veteran's death on _____ from _______ was not due to service) (that the Veteran was separated from service under conditions other than dishonorable)[whichever is appropriate].”Note: Furnish notice of procedural and decision review rights with this paragraph.

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part XI, Subpart ii, Chapter 4 (U.S. government work, reproduced for reference). Browse all sections →