POMS Reference

RS 01702: Administering Military Service (MS) Provisions

TN 16 (11-92)

POLICY

1. Widow Under Age 60

Where a veteran who is not fully insured is survived by a widow(er) under age 60, she or he is potentially eligible for the special VA payment upon attainment of age 60. If the veteran died under circumstances that would render survivors eligible for the special VA payment, the VA Form 21-4180 will have been received, completed and returned to the VA. Item 11B of Form 21-4180 will have been checked to put VA on notice of the potential eligibility to the special payment. The VA will have notified the widow(er) of the potential payment and advised her or him to contact the VA at age 60. Upon such later inquiry, the VA will send another Form 21-4180 to the appropriate reviewing office, which will forward it to the resident FO to develop a claim.

2. Claim Previously Filed

If the widow(er) inquires about the VA special payment at the FO before she or he makes any inquiry at the VA, and if she or he had previously filed a claim for benefits on this veteran's SSN, send a request to the PC asking whether a Form 21-4180 was ever received from the VA, and if so, whether Part II was completed (thus signifying that the death was service-connected). If the widow(er) appears to be eligible, develop a claim for the special VA payment. Payment can be certified to VA without waiting for another Form 21-4180.

3. No Prior Claim

If there was no prior claim or if the widow(er) inquires about benefit payments and the veteran is uninsured, refer her or him to the VA. No action can be taken until the VA determines whether the death was service-connected and sends another Form 21-4180. (Of course, if the widow(er) presents a Report of Casualty from one of the service departments showing that the veteran died in service, assume that death was service-connected and develop for the special VA Form 21-4180.) These instructions also apply to a dependent parent.

The PC will request the FO to secure a claim and the required proof from the widow(er) for entitlement to age widow(er) benefits if:

  • The benefits are being paid on the basis of a currently insured status; and

  • The special VA payment applies; and

  • The unremarried widow(er) is age 60 or over, or within three months of age 60 at the time benefits terminated because she or he no longer has an entitled child under age 16 in-her-care.