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38 U.S.C. § 5121ASubstitution in case of death of claimant

submitted 18 years ago by Pub. L. 110-389 to r/title-38-VETERANS-BENEFITS · 162 words · no verdicts yet

in plain englishAI-generated · not legal advice

A translation hasn’t been published for this section yet. The official text below is complete and authoritative.

the actual law source: uscode.house.gov ↗public domain
(a)Substitution.—
(1)

If a claimant dies while a claim for any benefit under a law administered by the Secretary, or an appeal of a decision with respect to such a claim, is pending, a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title may, not later than one year after the date of the death of such claimant, file a request to be substituted as the claimant for the purposes of processing the claim to completion.

(2)

Any person seeking to be substituted for the claimant shall present evidence of the right to claim such status within such time as prescribed by the Secretary in regulations.

(3)

Substitution under this subsection shall be in accordance with such regulations as the Secretary may prescribe.

(b)Limitation.—

Those who are eligible to make a claim under this section shall be determined in accordance with section 5121 of this title.

Source credit: (Added Pub. L. 110–389, title II, § 212(a), Oct. 10, 2008, 122 Stat. 4151.)

history & why it existsrecord from the source credit
  • 2008Enacted · Pub. L. 110-389 · 122 Stat. 4151

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-389 on 2008-10-10.

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