---
kind: "section"
citation: "38 C.F.R. § 20.1106"
title: "38"
number: "20.1106"
heading: "Rule 1106. Claim for death benefits by survivor—prior unfavorable decisions during veteran's lifetime."
url: "https://uscodex.org/cfr/38/20.1106"
---

# §20.1106. Rule 1106. Claim for death benefits by survivor—prior unfavorable decisions during veteran's lifetime.


Except with respect to benefits under the provisions of 38 U.S.C. [1311(a)(2)](/usc/38/1311.md?p=a-2) and [1318](/usc/38/1318.md), and certain cases involving individuals whose Department of Veterans Affairs benefits have been forfeited for treason or for subversive activities under the provisions of 38 U.S.C. [6104](/usc/38/6104.md) and [6105](/usc/38/6105.md), issues involved in a survivor's claim for death benefits will be decided without regard to any prior disposition of those issues during the veteran's lifetime. Cases in which a person substitutes for a deceased veteran under [38 U.S.C. 5121A](/usc/38/5121A.md) are not claims for death benefits and are not subject to this section. Cases in which a person substitutes for a deceased death benefits claimant under [38 U.S.C. 5121A](/usc/38/5121A.md) are claims for death benefits subject to this section.


## Notes

### Amendments

[79 FR 52984, Sept. 5, 2014]

### Authority

Authority: 38 U.S.C. 501(a) and as noted in specific sections.

### Source

Source: 57 FR 4109, Feb. 3, 1992, unless otherwise noted.

### Amendments

[79 FR 52984, Sept. 5, 2014]