38 U.S.C. § 1312 — Benefits in certain cases of in-service or service-connected deaths

In the case of any veteran^*—

the Secretary^* shall pay for such month benefits under this section to each such survivor in an amount equal to the amount of the benefits which would have been paid for such month to such survivor under title II of the Social Security Act (42 U.S.C. 401 et seq.), if such veteran had been both fully and currently insured at the time of such veteran’s death and if such survivor had filed application therefor on the same date on which application for benefits under this section is filed with the Secretary.

In any case where the amount of dependency and indemnity compensation^* payable under this chapter to a surviving spouse^* who has children is less than the amount of pension^* which would be payable to (1) such surviving spouse^*, or (2) such children if the surviving spouse were not entitled, under chapter 15 of this title had the death occurred under circumstances authorizing payment of death pension, the Secretary shall pay dependency and indemnity compensation^* to such surviving spouse in an amount equal to such amount of pension.