M21-1 Manual / Part XII, Subpart ii, Chapter 2, Section B
Eligibility Determinations and Claims for the Special Allowance Under 38 U.S.C. 1312(a)
M21-1, Part XII, Subpart ii, Chapter 2, Section B
Overview
In This Section | | This section contains the following topics:| Topic | Topic Name |
|---|
| 1 | Determining Eligibility for the Special Allowance Under 38 U.S.C. 1312(a) | | 2 | Claims for the Special Allowance Under 38 U.S.C. 1312(a) |
|
1. Determining Eligibility for the Special Allowance Under 38 U.S.C. 1312(a)
Introduction | | This topic contains information on determining eligibility for the special allowance under 38 U.S.C. 1312(a), including eligibility determinations made by the - Department of Veterans Affairs (VA), and
- Social Security Administration (SSA).
|
Change Date | | February 3, 2011 |
XII.ii.2.B.1.a. Eligibility Determinations Made by VA | | If the Veteran’s death occurs after separation from service, and there is possible entitlement to special allowance under 38 U.S.C. 1312(a) as described in M21-1, Part XII, Subpart ii, 2.A.1.a, the Department of Veterans Affairs (VA) makes the following determinations:- line of duty and service connection for the cause of death as provided in 38 CFR 3.1(k) and 38 CFR 3.1(m), based on a service-connected disability incurred or aggravated after September 15, 1940, and
- whether discharge or release from active duty, active duty for training, or inactive duty training was under conditions other than dishonorable per 38 CFR 3.12 and 38 CFR 3.804.
|
XII.ii.2.B.1.b. Eligibility Determinations Made by SSA | | The Social Security Administration (SSA) determines and certifies the following:- whether the Veteran was fully and currently insured at the time of death
- whether there is a survivor eligible to receive the special allowance under 38 U.S.C. 1312(a)
- the first month of entitlement and the amount of monthly benefits that are to be paid to each eligible survivor under 38 U.S.C. 1312(a), and
- any subsequent determination requiring
- deductions from monthly benefits
- termination of entitlement, or
- increases or decreases in monthly benefits.
|
2. Claims for the Special Allowance Under 38 U.S.C. 1312(a)
Introduction | | This topic contains information on claims for the special allowance under 38 U.S.C. 1312(a), including- accepting claims for the special allowance, and
- handling the receipt of VA Form 21-4182, Application for Dependency and Indemnity Compensation or Death Pension (Including Accrued Benefits and Death Compensation Where Applicable) From the Department of Veterans Affairs (Supplement to Social Security Application Forms SSA-4, 5, 7 and 10).
|
Change Date | | September 11, 2025 |
XII.ii.2.B.2.b. Handling the Receipt of VA Form 21-4182 | | Use the table below to determine how to handle the receipt of VA Form 21-4182, Application for Dependency and Indemnity Compensation or Death Pension (Including Accrued Benefits and Death Compensation Where Applicable) From the Department of Veterans Affairs (Supplement to Social Security Application Forms SSA-4, 5, 7 and 10).| If a … | Then … |
|---|
| VA Form 21-4182 is received from a surviving | before taking action, obtain a completed application on | VA Form 21-4182 or a specific inquiry regarding entitlement under 38 U.S.C. 1312(a) is received from a person who- has no apparent entitlement to DIC, and
- has not filed a formal application for DIC
| take rating action, if required, for the determination of entitlement as described in M21-1, Part XII, Subpart ii, 2.B.1.a without first obtaining a formal application provided there is no legal bar to the payment of such allowance. |
|
Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part XII, Subpart ii, Chapter 2, Section B (U.S. government work, reproduced for reference). Browse all sections →