For years, if a veteran died before their claim was decided… that was it. No decision was rendered and no ‘retro’ inured to their surviving family.
As I was reminded recently by Rick Gales, MOPH National VSO, all that changed for the better in October 2008 (thanks Rick!). Simply put: 38 U.S.C. 5121A — Substitution in case of death of claimant; (a) Substitution.—(1) If a claimant dies while a claim … is pending, a living person who would be eligible … may … file a request to be substituted as the claimant…. And for my wife and my ten-year old case (battle with the VA), that’s good news. Continue reading