Common Mistakes That Delay Survivor Benefits

Losing a spouse or parent who served in the military is a devastating experience. Adding to that grief is the possibility of a delayed or denied benefits claim, which should never happen – but unfortunately, it does happen far too often.

At Veterans Benefits Law Group, PLLC, we have seen the same avoidable mistakes that can cost surviving families months or even years of financial support they are entitled to receive under the law.

Filing the Wrong Form or Missing the Application Altogether

One of the most common and completely preventable errors is submitting the wrong form to the Veterans Affairs (VA) office. Survivors seeking Dependency and Indemnity Compensation (DIC) must file VA Form 21P-534EZ, the Application for DIC, Death Pension, and Accrued Benefits. If they use an outdated version or file a different form, the VA will reject the claim, delaying processing for weeks. According to 38 U.S.C. §5110, most benefits become effective on the day the VA receives a complete and valid claim. Every day of delay causes potential compensation loss.

Failing to Establish the Service Connection

DIC benefits are available to surviving spouses and dependents in the event of a veteran’s death caused or contributed by a service-connected disability, according to 38 U.S.C. § 1310. Survivors need to demonstrate this connection with supporting medical and service records, but many families mistakenly believe that submitting a death certificate automatically establishes the necessary link. In reality, without a clear connection between the cause of death and a documented service-related condition, the claim will be denied.

Submitting Incomplete or Missing Documentation

A survivor benefits claim requires more than one form. The Veterans Administration (VA) needs a certified copy of the veteran’s death certificate, proof of marriage or dependency, and the veteran’s discharge papers (DD-214). If any of these are missing, the VA will send a letter of development and pause the adjudication process. It is essential to gather complete documentation before filing, not after receiving a notice of deficiency, to avoid delays under 38 C.F.R. § 3.159, which governs the duty of the VA to assist claimants.

Not Appealing a Denial Promptly

Receiving a denial of your claim is not the end of the process. However, many veterans treat it as if it were. Under the VA Appeals Modernization Act (AMA), you have one year from the date of the decision to file a supplemental claim, request a higher-level review, or appeal to the Board of Veterans’ Appeals. If you miss this window, you could permanently lose eligibility for back pay. A denial often stems from an incomplete record, rather than an unwinnable case. Experienced legal representation can make a significant difference at this stage.

Overlooking Accrued Benefits and Additional Entitlements

When a veteran passes away while a claim is still pending, the surviving spouse may be entitled to accrued benefits under 38 U.S.C. § 5121 – compensation that the veteran was owed but did not receive prior to their death. This claim must be filed separately and within one year of the veteran’s death. Unfortunately, families who are unaware of this entitlement often miss the deadline and permanently forfeit benefits that were already earned.

How Veterans Benefits Law Group Can Help

At Veterans Benefits Law Group, PLLC, we understand both the legal process and the challenges that come with it. Our attorneys guide surviving spouses and dependents through every stage of the claims process, from gathering the necessary evidence to appealing wrongful denials.

Your loved one served their country and deserves every benefit they earned through their service. We will fight for you to ensure that your loved one receives all the benefits they are entitled to.

Contact our team today for a free consultation to discuss your case.