Accrued Benefits for Surviving Families: A Complete Guide

Accrued benefits are VA benefits that were owed to a veteran at the time of their death but were not yet paid, and they can be claimed by surviving family members. The surviving spouse is first in line to receive these unpaid benefits in full, followed by dependent children in equal shares, then dependent parents if the veteran had no spouse or children . To receive these benefits, survivors must file a claim within one year of the veteran's death using the appropriate VA form, typically VA Form 21P-534EZ for spouses and children .

What Are Accrued Benefits?

Accrued benefits are periodic monetary benefits such as VA disability compensation, pension, or Dependency and Indemnity Compensation (DIC) that were due to a veteran (or other VA beneficiary) at the time of their death but remained unpaid . These payments are not new benefits; they represent money the veteran was already entitled to based on evidence in their VA file.

Common Situations Where Accrued Benefits Arise

• The veteran had a pending claim or appeal with the VA that was not decided before they died, but all evidence needed for a favorable decision was already in VA's possession .
• The veteran's claim had been granted, but they died before receiving the award payment .
• One or more VA benefit checks were issued but were not deposited or negotiated before the veteran's death .
• The veteran was entitled to benefits based on an existing VA rating decision that had been made but not yet paid .

Important: The "Evidence in the File" Rule

For a survivor to receive accrued benefits, the veteran must have been entitled to the benefits based on evidence that was already in VA's possession on or before the date of death . This means survivors cannot submit new evidence after the veteran's death to support a claim the veteran never won. Instead, the decision is made based on what VA already had when the veteran died .

Who Can Receive Accrued Benefits?

VA pays accrued benefits based on a strict line of succession determined by law .

"Dependent Child" Defined

A child is considered dependent if they are unmarried and meet one of the following conditions: under age 18, between 18 and 23 and attending school, or of any age if they became permanently unable to support themselves before age 18 .

What If No Family Member Exists?

If there is no surviving spouse, dependent child, or dependent parent, the VA may reimburse the person who paid for the veteran's last illness and burial expenses . This reimbursement is limited to the actual expenses paid and cannot exceed the amount of accrued benefits available . The person seeking reimbursement must file VA Form 21P-601 .

Accrued Benefits vs. Substitution: Two Different Paths

It is critical to understand the difference between claiming accrued benefits and requesting substitution, as the two processes work very differently.

VA's Fast Letter 10-30 allowed an application for accrued benefits to be treated as a request for substitution, but the U.S. Court of Appeals for Veterans Claims clarified in Reliford v. McDonald that these are distinct options . Survivors should be aware of which path they are pursuing.

How to Apply for Accrued Benefits

The One-Year Deadline

You must apply for accrued benefits within one year of the veteran's death. Missing this deadline generally means losing the right to these benefits .

What Forms to Use

Where to Submit

Mail completed forms to:

Department of Veterans Affairs
Pension Intake Center
PO Box 5365
Janesville, WI 53547-5365

You can also work with an accredited VSO representative who can help file the claim on your behalf .

Recent and Proposed Legislation

Ernest Peltz Accrued Veterans Benefits Act (H.R. 3123)

In April 2025, the U.S. House of Representatives passed the Ernest Peltz Accrued Veterans Benefits Act. As of February 2026, the bill is under consideration in the Senate. This bill would provide that when the VA issues a decision awarding pension to a veteran before their death but pays it after death, the pension must go to the living spouse first, then children, then dependent parents .

Frequently Asked Questions

What are VA accrued benefits?

Accrued benefits are unpaid VA benefits that were owed to a veteran at the time of their death, based on evidence already in VA's possession. They are paid to eligible survivors .

Who gets VA accrued benefits first?

The surviving spouse is first in line. If there is no spouse, benefits go to dependent children in equal shares. If there are no children, they go to dependent parents .

How long do I have to file for accrued benefits?

You have one year from the date of the veteran's death to file your claim .

What if the VA owes the veteran back pay but they died?

If the veteran had a pending claim and all evidence needed for a favorable decision was already in VA's file at the time of death, the survivor can claim accrued benefits. If evidence was still needed, substitution may be a better option .

What is the difference between accrued benefits and substitution?

Accrued benefits are a separate claim for what the veteran was already owed, based only on evidence that existed before death. Substitution lets you continue the veteran's appeal and submit new evidence after death .

Disclaimer: This content is for informational purposes only and is not legal, financial, or tax advice. It is not affiliated with the U.S. Department of Veterans Affairs. VA policy, rates, and forms change always verify current details on VA.gov before taking action. For individual assistance, seek a VSO (DAV, VFW, American Legion, etc.) or an accredited claims agent.