May 27, 1980 M29-1,Part VI\
Change3

CHAPTER 15. PROOF AND DATE OF DEATH

CONTENTS

PARAGRAPH PAGE\
15.01 Proof of Death 15-1\
15.02 Presumptive Date of Death 15-1\
15.03 Determining Date of Death as to Persons Reported Missing During a
Period of Hostilities 15-2\
15.04 Preparation and Approval of Finding of Date of Death 15-2

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May 27, 1980 M29-1,Part VI\
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CHAPTER 15. PROOF AND DATE OF DEATH

15.01 PROOF OF DEATH

a\. When a claim for the insurance proceeds is filed, proof of death
will be established by one of the following types of evidence: -

\(1\) A copy of the public record of the State or community where death
occurred certified by the custodian of such records.

\(2\) A certified copy of a coroner\'s report of death or a verdict of a
coroner\'s jury of the State or community where death occurred, provided
such a report or verdict properly identifies the deceased.

b\. When death occurs in a hospital or institution under the control of
the United States Government:

\(1\) A death certificate signed by a medical officer; or

\(2\) A clinical summary or other report showing fact and date of death
signed by a medical officer.

c\. An official report of death may be made of a member of a uniformed
service from the Secretary of the Department concerned when death occurs
while the deceased was on the retired list, in an inactive duty status,
or in the active service.

d\. When death occurs abroad:

\(1\) A United States consular report of death bearing the signature and
seal of the United States consul; or

\(2\) A certified copy of the public record of death authenticated (see
VAR 1202(B)(4) for exception) by the United States consul or other
agency of the State Department; or

\(3\) An official report of death from the head of the department
concerned, where the deceased person was, at the time of death, a
civilian employee of such department.

e\. If the foregoing evidence cannot be furnished, the fact of death may
be established by affidavits from persons who have personal knowledge of
the fact of death and have viewed the body of the person whose death is
being established. The affidavits should set forth all the facts and
circumstances concerning the death, including the place, date, time and
cause of the demise. The affidavit should also include the reason as to
why a public record of death or any other official evidence as to the
identity and death of the individual cannot be made.

f\. If proof of death, as defined in subparagraphs a through e above
cnanot be furnished, the appropriate regional office will be contacted
to furnish an administrative determination of the finding of death. The
finding may be requested for either the beneficiary or the insured.

15.02 PRESUMPTIVE DATE OF DEATH

a\. Whenever correspondence or an informal claim is received advising of
the death or disappearance of an insured, and proof of death cannot be
established as outlined in paragraph 15.01a through e, a dictated letter
with a formal claim will be released to the party reporting the death or
disappearance. The letter will request that the claim form be completed
and returned with a statement giving all the circumstances surrounding
the death or disappearance with any evidence available that may be of
help in establlshing proof of death or disappearance.

b\. \[Whenever a claim for proceeds or an inquiry is received based on
the death or disappearance of a beneficiary (e.g., a contingent
beneficiary claiming that the principal is deceased), and proof of death
cannot be established as outlined in paragrpah 15.01 a through e, a
dictated letter will be released to the person reporting the death or
disappearance. The letter will advise the claimant that a State court
order of presumptive death and a statement giving the circumstances in
the case

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M29-1 Part VI May 27,

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with any other available evidence must be furnished before any further
consideration can be given to his/her claim. The claimant will be
further advised that the State court order is not binding on the VA, but
will be used together with all the other evidence of record before a
decision can be made.

c.\] Upon receipt of the material requested, photocopies will be made
and forwarded to the appropriate regional office for a determination.

\[15.03 DETERMINING DATE OF DEATH AS TO PERSONS REPORTED MISSING DURING
A PERIOD OF HOSTILITIES

a\. **Disappearance Date as Date of Death.** The date of disappearance
of an individual during a period of hostilities will be considered the
date of the individual\'s death when there is:

\(l\) Evidence that the insured disappeared while actively participating
in combat or under comparable conditions;

\(2\) That he/she was not accounted for as a prisoner of war or as a
parolee or internee;

\(3\) That there was no subsequent official or other information as to
his/her existence subsequent to his/her disappearance;

\(4\) That his/her family received no information as to his/her
whereabouts subsequent to his/her disappearance nor after the
restoration of normal conditions;

\(5\) That after termination of hostilities and/or declaration of peace,
no intelligence has been received which would rebut the inference of
death arising from the facts.

b\. **Evidence Insufficient To Establish Fact of Death.** If the
evidence is insufficient to indicate the probability of death as of a
definite date, the date of death is a date 7 years after the unexplained
absence, as provided by 38 U.S.C. 108. A finding of presumptive death by
a service department is not binding on the VA and would not, per se, be
acceptable for insurance purposes, particularly in those cases where the
circumstances in connection with the disappearance were such as to
indicate the probability of earlier death. If in any case the VA has
reason to question the finding of presumptive death, the finding so made
may bearded merely as evidence to be used in making a determination, and
the decision will be predicated on all the evidence, including the
presumptive finding of the service department.

15.04 PREPARATION AND APPROVAL OF FINDING OF DATE OF DEATH

A formal finding of date of death will not be required in those cases
where the date of disappearance of a serviceperson during a period of
hostilities is determined to be his/her date of death. In all cases a
formal finding of the date of death will be required unless the date of
death is incorporated into a finding of the fact of death, or a
determination of presumption of death is made after 7 years unexplained
absence.\]

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