§5122. Cancellation of checks mailed to deceased payees — Inbound Citations

Citations to 38 U.S.C. § 5122 as a whole

• 38 U.S.C. § 5121(a)

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  (a) Except as provided in sections 3329 and 3330 of title 31, periodic monetary benefits (other than insurance and servicemen’s indemnity) under laws administered by the Secretary to which an individual was entitled at death under existing ratings or decisions or those based on evidence in the file at date of death (hereinafter in this section and section 5122 of this title referred to as “accrued benefits”) and due and unpaid, shall, upon the death of such individual be paid as follows:

  (1) Upon the death of a person receiving an apportioned share of benefits payable to a veteran, all or any part of such benefits to the veteran or to any other dependent or dependents of the veteran, as may be determined by the Secretary.

  (2) Upon the death of a veteran, to the living person first listed below:

  (A) The veteran’s spouse.

  (B) The veteran’s children (in equal shares).

  (C) The veteran’s dependent parents (in equal shares).

  (3) Upon the death of a surviving spouse or remarried surviving spouse, to the children of the deceased veteran.

  (4) Upon the death of a child, to the surviving children of the veteran who are entitled to death compensation, dependency and indemnity compensation, or death pension.

  (5) Upon the death of a child claiming benefits under chapter 18 of this title, to the surviving parents.

  (6) In all other cases, only so much of the accrued benefits may be paid as may be necessary to reimburse the person who bore the expense of last sickness and burial.