---
kind: "section"
citation: "38 C.F.R. § 3.1009"
title: "38"
number: "3.1009"
heading: "Personal funds of patients."
url: "https://uscodex.org/cfr/38/3.1009"
---

# §3.1009. Personal funds of patients.


The provisions of this section are applicable to gratuitous benefits deposited by the Department of Veterans Affairs either before, on, or after December 1, 1959, in a personal funds of patients account for an incompetent veteran who was incompetent at the date of death. Where the veteran died after November 30, 1959:

- (a) **Eligible persons.** Gratuitous benefits shall be paid to the living person first listed as follows:
  - (1) His or her spouse, as defined in [§ 3.1000(d)(1)](/cfr/38/3.1000.md?p=d-1);
  - (2) His or her children (in equal shares), as defined in [§ 3.57](/cfr/38/3.57.md) but without regard to their age or marital status;
  - (3) His or her dependent parents (in equal shares) as defined in [§ 3.59](/cfr/38/3.59.md) or the surviving parent, provided that the parent was dependent within the meaning of [§ 3.250](/cfr/38/3.250.md) at the date of the veteran's death.
  - (4) In all other cases, only so much may be paid as may be necessary to reimburse a person who bore the expense of last sickness or burial. (See [§ 3.1002](/cfr/38/3.1002.md).)
- (b) **Claim.** Application must be filed with the Department of Veterans Affairs within 5 years after the death of the veteran. If, however, any person otherwise entitled is under legal disability at the time of the veteran's death, the 5-year period will run from the date of termination or removal of the legal disability.
  - (1) **There is no time limit for the submission of evidence.**
  - (2) Failure to file timely claim, or a waiver of rights, by a preferred dependent will not serve to vest title in a person in a lower class or a claimant for reimbursement; neither will such failure or waiver by a person or persons in a joint class serve to increase the amount payable to another or others in the class.

## Notes

### Amendments

[27 FR 5539, June 12, 1962, as amended at 28 FR 10487, Sept. 28, 1963; 39 FR 30349, Aug. 22, 1974]

### Authority

Authority: 38 U.S.C. 501(a), unless otherwise noted.

### Amendments

[27 FR 5539, June 12, 1962, as amended at 28 FR 10487, Sept. 28, 1963; 39 FR 30349, Aug. 22, 1974]