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How to fill Va 21-0788 Form: What You Should Know
In general, you can't apportion survivor payments because these payments are made for a period of A veteran and his/her surviving spouse can have a total of two claims pending with VA. The VA determines if the claimant's entitlement to survivor's payments has been terminated by determining: Claims for payment of benefits cannot be filed concurrently for more than one payment period. Claims for payment of benefits must be made: within 3 years of the date of the last payment; and Claims for payment of benefits must be filed within 3 years after the date of the last payment. You must choose one of the two following options to apportion a payment: Eligibility for the apportionment of a veteran's payment of basic survivor compensation depends on the following: To establish eligibility, you must: Determine what the beneficiary's condition was or has been at the time of death of the veteran and, if known, describe the condition. Apportioning a veteran's payment of basic survivor compensation of an injured veteran Eligibility for the apportionment is contingent upon determining: What condition the veteran was or is in at the time of death of the veteran and, if known, describe the condition, including the type of injury; the relationship between the disability and the illness; the applicable date of death, date of illness, date of injury, and date of entitlement. You can't assign a disability rating or increase a disability rating at the time of death, even though a claim was filed before the veteran's death when the disability rating was based on the veteran's condition. Apportioning a veteran's survivor's benefits Apportioning a veteran's payment of survivor's benefits requires knowing the following: Know the date the claim for payment was filed; Have a reasonable expectation that an application for a distribution will be approved. If you don't have at least one of these documents, you can't apportion a payment of survivor's benefits (VA Form 21-0788 — Information Regarding Apportionment of Beneficiary's Award).
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