Final rule · 2026-01188

Clarification of VA's Processing of Survivors Benefits Claims

The Department of Veterans Affairs (VA) amends its adjudication regulations concerning survivors benefits claims to ensure that VA provides the most beneficial outcome for surviving spouses and children. This final rule clarifies that a surviving spouse or child claimant for either Survivors Pension or dependency and indemnity compensation (DIC) is entitled to the greater benefit. Thus, with respect to claims processing, VA will concurrently deny Survivors Pension and award DIC, except where paying Survivors Pension would be more beneficial to the claimant, which will only be the case if the claimant is the veteran's surviving spouse and the claimant's application indicates that the claimant does not have any dependents, is currently in a nursing home, and has applied for or is currently receiving Medicaid.