---
kind: "section"
citation: "38 C.F.R. § 21.7280"
title: "38"
number: "21.7280"
heading: "Death benefit."
url: "https://uscodex.org/cfr/38/21.7280"
---

# §21.7280. Death benefit.

- (a) **Overview.** VA will pay a death benefit under 38 U.S.C. ch. 30 when an individual's death meets the criteria of this section; the individual is survived by someone described in this section; and the amount of educational assistance paid or payable to the individual is less than the amount reduced from the individual's basic pay.
- (b) **Necessary criteria for death benefit.** VA may pay a death benefit under 38 U.S.C. ch. 30 only if—
  - (1) **The individual either—**
    - (i) Dies while on active duty, or
    - (ii) Dies after October 28, 1992, and his or her date of death is within one year after the date of his or her last discharge or release from active duty; and
  - (2) **The death of the individual is service connected.** In determining if the death is service connected, VA will apply the provisions of [§ 3.312](/cfr/38/3.312.md) of this chapter; and
  - (3) **Either—**
    - (i) At the time of the individual's death he or she is entitled to basic educational assistance through having met the eligibility requirements of [§ 21.7042](/cfr/38/21.7042.md), or
    - (ii) At the time of the individual's death he or she is on active duty with the Armed Forces and but for the minimum service requirements of [§ 21.7042(a)(2)](/cfr/38/21.7042.md?p=a-2) or § [21.7042(b)(3)](/cfr/38/21.7042.md?p=b-3) or [(4)](/cfr/38/21.7042.md?p=b-4) or the educational requirements of [§ 21.7042(a)(3)](/cfr/38/21.7042.md?p=a-3) or [§ 21.7042(b)(2)](/cfr/38/21.7042.md?p=b-2) or both would be entitled to basic educational assistance through having met the eligibility requirements of [§ 21.7042](/cfr/38/21.7042.md).
- (c) **Payee.**
  - (1) VA shall pay a death benefit to the living person or persons in the order listed in this paragraph.
    - (i) The beneficiary or beneficiaries designated by the individual under the individual's Servicemen's Group Life Insurance Policy,
    - (ii) The surviving spouse of the individual,
    - (iii) The surviving child or children of the individual, in equal shares,
    - (iv) **The surviving parent or parents of the individual in equal shares.**
  - (2) If none of the persons listed in this paragraph is living, VA shall not pay a death benefit under this section.
- (d) **Amount of death benefit.**
  - (1) The amount of any payment made under this section shall be equal to—
    - (i) The amount reduced from the individual's basic pay as provided in [§ 21.7042(f)](/cfr/38/21.7042.md?p=f) less—
    - (ii) **The total of—**
      - (A) The amount of educational assistance that has been paid to the individual under 38 U.S.C. ch. 30, and
      - (B) **The amount of accrued benefits paid or payable with respect to the individual.**
  - (2) VA shall pay no death benefit when the amount determined by [subparagraph (1)](#d-1) of this paragraph is zero or less than zero.

## Notes

### Amendments

[56 FR 20136, May 2, 1991, as amended at 57 FR 15026, Apr. 24, 1992; 61 FR 6791, Feb. 22, 1996]

### Authority

Authority: 38 U.S.C. 501(a), chs. 30, 36, and as noted in specific sections.

### Source

Source: 53 FR 1757, Jan. 22, 1988, unless otherwise noted.

### Amendments

[56 FR 20136, May 2, 1991, as amended at 57 FR 15026, Apr. 24, 1992; 61 FR 6791, Feb. 22, 1996]