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| Home >> VA Claims Resources >> VA Claims >> VA General Counsel Precedent Opinions |
VA General Counsel Precedent Opinions |
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PREC 6-93 Accrued Benefits -- Evidence in the File at Date of Death WITHDRAWN IN PART
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PREC 6-93 Accrued Benefits -- Evidence in the File at Date of Death WITHDRAWN IN PART Citation: Vet. Aff. Op. Gen Couns. Prec. 6-93, VAOPGCPREC 6-93, 1993 QUESTION PRESENTED: a) Under what circumstances, if any, may information contained in an eligibility verification report filed after a beneficiary's death be considered in determining eligibil-ity for accrued benefits under 38 U.S.C. § 5121(a)? b) May an award of accrued benefits under 38 U.S.C. § 5l2l(a) be based on logical inferences from information of record at the date of the beneficiary's death?
HELD: a) Information contained in an eligibility verification report submitted after the beneficiary's death may not be considered "evidence in the file at date of death" for purposes of an award of accrued pension benefits under 38 U.S.C. § 5121(a). b) An award of accrued benefits under 38 U.S.C. § 5l2l(a) may be based on logical inferences from information in the file at the date of the beneficiary's death. |
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