(A) Any application for the payment of compensation under this chapter based upon the service of a deceased veteran must be made by the veteran's surviving spouse; if there is no surviving spouse, the application must be made by the child or children of such deceased veteran; if there is no surviving spouse and no surviving child or children, the application must be made by a surviving parent or surviving parents or person or persons standing in loco parentis for at least one year preceding commencement of service in the United States armed forces of such deceased veteran; provided, however, that if any of the kin of a deceased veteran mentioned in this paragraph, who may be entitled to compensation shall be the ward of a legally appointed and acting guardian, such guardian alone shall be entitled to make the application on behalf of such ward. An application by a guardian must be made, which must be filled in by the guardian as though it were being filled in by the ward, excepting that at the place in the application form provided for the applicant's signature, the guardian must sign the ward's name and his/her own name followed by words to indicate his/her guardianship and his/her affirmation of the truth of the application.
(B) If there is no surviving spouse of a deceased veteran, and if there is more than one living child of such deceased veteran an application for compensation shall be made by or on behalf of each child separately. If there is no surviving spouse of a deceased veteran, and if there are no living children of such deceased veteran, and if there is more than one living parent of such deceased veteran, an application for compensation shall be made separately by each of them
(C) The surviving spouse of more than one deceased veteran shall be entitled to compensation based upon the service of each deceased veteran. Separate applications must be filed. The parent or parents of more than one deceased veteran who is not survived by a spouse, child or children, shall be entitled to compensation based upon the service of each of such deceased veterans. Separate applications for compensation by reason of the death of each of such deceased veterans, must be filed by such parent or parents.
Five Year Review (FYR) Dates:
Promulgated Under: 119.03
Statutory Authority: None
Rule Amplifies: None
Prior Effective Dates: 9/14/2015, 5/17/2015