VA Form 21P-10195: Accrued Benefits Guide & Download

VA Form 21P-10195: Accrued Benefits Guide & Download – VA Form 21P-10195 serves as an official Legal Summary—Accrued Benefits. It provides a concise reference to the key U.S. Code (U.S.C.) sections and Code of Federal Regulations (CFR) that govern entitlement to accrued benefits under VA rules. Updated as of October 2024, this form helps claimants, representatives, and VA personnel understand the legal framework for unpaid benefits owed to a deceased beneficiary.

What Are VA Accrued Benefits?

Accrued benefits are periodic monetary benefits (such as disability compensation, pension, or other recurring payments) that a Veteran or other beneficiary was entitled to at the time of death but were not paid before they passed away. These benefits are based on:

  • Existing VA ratings or decisions, or
  • Evidence already in VA’s possession at the date of death.

Examples include:

  • A pending claim or appeal where all necessary evidence was in the file.
  • Approved but unpaid benefits where the beneficiary died before payment could be issued.

Accrued benefits differ from survivor benefits like Dependency and Indemnity Compensation (DIC). They represent what was owed to the deceased, distributed according to a specific order of preference.

Who Qualifies for VA Accrued Benefits?

Eligibility follows a strict line of succession under 38 U.S.C. § 5121:

  1. Surviving spouse — Receives the full amount.
  2. Dependent children (in equal shares) — Includes children under 18, those in school up to age 23, or helpless children.
  3. Dependent parents (in equal shares or to the surviving parent).

If no eligible relatives in these categories exist, accrued benefits may reimburse the person or estate who paid for the deceased’s last illness and burial expenses (limited to the amount paid).

Note: Accrued benefits are paid based on the deceased’s entitlement, not the survivor’s separate eligibility for other benefits.

How to Apply for Accrued Benefits?

Surviving spouses or children often use VA Form 21P-534EZ (Application for Dependency and Indemnity Compensation, Death Pension, and Accrued Benefits). Others typically file VA Form 21P-601 (Application for Accrued Amounts Due a Deceased Beneficiary).

  • Deadline: Claims must generally be filed within one year of the beneficiary’s death.
  • Submit supporting documents: death certificate, proof of relationship, and any relevant evidence.

You can apply online via VA.gov or by mail.

Substitution of Claimant for Pending Claims (38 U.S.C. § 5121A)

If the deceased had a pending claim or appeal at the time of death (on or after October 10, 2008), an eligible person may request to substitute as the claimant. This allows the substitute to submit additional evidence and continue the claim. A claim for accrued benefits often includes a deemed request for substitution unless waived.

Use VA Form 21P-0847 for a specific substitution request.

This form compiles critical citations, including:

  • 38 U.S.C. § 5121: Entitlement to benefits due and unpaid upon death.
  • 38 CFR § 3.1000: Details on accrued benefits payment.
  • Definitions for spouse, child, evidence in the file, and more.
  • Provisions for substitution under 38 U.S.C. § 5121A.

It is a helpful quick-reference tool for understanding the statutes and regulations that VA adjudicators use.

Download VA Form 21P-10195

Download VA Form 21P-10195 Legal Summary—Accrued Benefits (PDF) (October 2024 version – Supersedes March 2019 edition).

This official form is available directly from the VA website.

For personalized assistance, contact a VA-accredited attorney, claims agent, Veterans Service Organization (VSO), or call VA at 1-800-827-1000. Rules can be complex, and professional help ensures you receive all entitled benefits.