I 
108TH CONGRESS 
1ST SESSION H. R. 1681
To amend title 38, United States Code, to allow for substitution of parties 
in the case of a claim for benefits provided by the Department of 
Veterans Affairs when the applicant for such benefits dies while the 
claim is pending, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 9, 2003
Mr. EVANS (for himself and Mr. MICHAUD) introduced the following bill; 
which was referred to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to allow for substi-
tution of parties in the case of a claim for benefits 
provided by the Department of Veterans Affairs when 
the applicant for such benefits dies while the claim is 
pending, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans Claims Con-
tinuation Act’’.
SEC. 2. CONTINUATION OF CLAIM AND SUBSTITUTION OF 
PARTIES UPON DEATH OF APPLICANT FOR 
BENEFITS. 
(a) IN GENERAL.—Chapter 51 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 5127. Deaths of applicants for benefits: continu-
ation of claims and substitution of parties 
‘‘(a) In the case of a claim for compensation, depend-
ency and indemnity compensation, or pension that was 
submitted to the Secretary by a claimant who dies on or 
after the date of the enactment of the Veterans Claims 
Continuation Act and before a decision on that claim be-
comes final in accordance with section 7291 of this title, 
the claim shall not be extinguished if, within the time pe-
riod prescribed in subsection (c)(2), an eligible person sub-
mits an application to the Secretary, or submits a motion 
to a court with jurisdiction over the claim, to be sub-
stituted as the claimant in order to continue prosecution 
of that claim. The Secretary or the court, as the case may 
be, shall approve any such application submitted by an 
eligible person. 
‘‘(b)(1) For purposes of this section and section 7270 
of this title, and subject to paragraphs (2) and (3), the 
term ‘eligible person’ means any of the following individ-
uals:
‘‘(A) The surviving spouse. 
‘‘(B) Surviving children who have attained the 
age of 21. 
‘‘(C) A surviving parent. 
‘‘(D) The executor, administrator or other legal 
representative of the deceased claimant’s estate. 
‘‘(E) The heirs of the veteran. 
‘‘(2) In a case where more than one individual re-
ferred to in paragraph (1) submits an application or mo-
tion under subsection (a) to be substituted as a claimant, 
the eligible person shall be determined in the order listed 
in subparagraphs (A) through (E) of paragraph (1). In 
the case of individuals submitting an application or motion 
under subsection (a) who are specified in the same sub-
paragraph of paragraph (1), the eligible person shall be 
the first in time to submit such application or motion. 
‘‘(3) The Secretary may determine that an individual 
who otherwise would be the ‘eligible person’ for purposes 
of substitution for a deceased claimant under this section 
is not competent or otherwise is not a proper representa-
tive of the estate. In such a case, the Secretary shall notify 
the applicant of such determination in writing and shall 
substitute another eligible person to represent the inter-
ests of the deceased claimant.
‘‘(c)(1) Upon being notified of the death of a claim-
ant, the Secretary shall send a notice to the estate of the 
decedent at the decedent’s last know address and to the 
authorized representative of the decedent, if any, inform-
ing the estate and the representative that the claim will 
be dismissed unless an application for substitution as the 
claimant is received by the Secretary within one year of 
the claimant’s death. 
‘‘(2) An application under this section for substi-
tution as the claimant on a claim must be filed not later 
than the later of—
‘‘(A) the end of the one-year period beginning 
on the date of the claimant’s death; or 
‘‘(B) the end of the six-month period beginning 
on the date of the notification under paragraph (1). 
‘‘(d) A person named as a substitute claimant under 
section (a) shall be accorded all the rights and responsibil-
ities of the original claimant. 
‘‘(e) If benefits are payable as a result of a decision 
on a claim by a substituted claimant named under this 
section, such benefits shall be paid as follows:
‘‘(1) If the deceased claimant was claiming ben-
efits as 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). 
‘‘(2) If the deceased claimant was claiming ben-
efits as the surviving spouse of a veteran, to the sur-
viving children of the deceased veteran (in equal 
shares). 
‘‘(3) If the deceased claimant was claiming ben-
efits under chapter 18 of this title as the child of a 
veteran, to the surviving parents of the child (in 
equal shares). 
‘‘(4) If there is no beneficiary who meets the 
criteria of paragraphs (1), (2), and (3) and in all 
other cases, to the decedent’s estate, unless the es-
tate will escheat. 
‘‘(f) Upon the appointment of a substitute claimant, 
the Secretary shall notify the person substituted as the 
claimant as to the evidence or information necessary to 
substantiate the pending claim. If such information or evi-
dence is not received within one year from the date of such 
notification, no benefits may be paid on the claim. 
‘‘(g) For purposes of section 5112(b) of this title, the 
term ‘payee’ as used in such section shall be deemed to
include a deceased claimant for whom a substitute claim-
ant is appointed under this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item:
‘‘5127. Deaths of applicants for benefits: continuation of claims and substi-
tution of parties.’’.
SEC. 3. PAYMENT OF ACCRUED BENEFITS APPLICABLE TO 
DEATHS BEFORE DATE OF ENACTMENT. 
(a) IN GENERAL.—Subsection (a) of section 5121 of 
title 38, United States Code, is amended—
(1) in the matter preceding paragraph (1), by 
striking ‘‘periodic monetary benefits’’ and all that 
follows through ‘‘be paid’’ and inserting ‘‘accrued 
benefits of a deceased individual who died before the 
date of the enactment of the Veterans Claims Con-
tinuation Act that are due and unpaid for a period 
not to exceed two years shall be paid’’; and 
(2) in paragraph (5), by striking ‘‘only so 
much’’ and all that follows through ‘‘burial’’ and in-
serting ‘‘to the decedent’s estate, unless the estate 
will escheat’’. 
(b) DEFINITION OF ACCRUED BENEFITS.—Such sec-
tion is further amended by adding at the end the following 
new subsection:
‘‘(d) For purposes of this section and section 5122 
of this title, the term ‘accrued benefits’, with respect to 
a deceased individual, means periodic monetary benefits 
(other than insurance and servicemember’s indemnity) 
under laws administered by the Secretary to which the de-
ceased individual was entitled at death under existing rat-
ings or decisions or based on evidence in the file at date 
of death.’’. 
SEC. 4. SUBSTITUTION OF SURVIVOR IN CASES PENDING 
BEFORE A COURT. 
(a) IN GENERAL.—(1) Subchapter II of chapter 72 
of title 38, United States Code, is amended by adding at 
the end the following new section: 
‘‘§ 7270. Cases pending on death of claimant: substi-
tution of parties 
‘‘(a) If a claimant dies before filing an appeal under 
section 7266 of this title, an eligible person may file an 
appeal as a substituted claimant for the decedent within 
the time period specified under section 7266 of this title. 
If an appellant or respondent dies while a claim is pending 
before a court and before a final decision is rendered 
under section 7291 of this title, an eligible person may 
move the court for substitution of claimant in the pending 
action. Any such motion filed with the the United States 
Court of Appeals for Veterans Claims or to the United
States Court of Appeals for the Federal Circuit must be 
filed within the time period prescribed by sections 7266 
and 7292 of this title, respectively, or within one year of 
the claimant’s death, whichever is earlier. 
‘‘(b) In any case in which a final decision under sec-
tion 7291 of this title has not been made, an eligible per-
son may move a court to be substituted as the appellant 
(or respondent as the case may be) for an appellant or 
respondent who dies while an appeal is pending. The court 
shall, upon filing of a timely motion, appoint an eligible 
person to substitute as the claimant to continue prosecu-
tion or defense of that claim. 
‘‘(c) Nothing in this section shall require or authorize 
substitution for a deceased claimant if a final decision 
under section 7291 of this title has been entered before 
the filing of a motion for substitution. 
‘‘(d) In this section, the term ‘eligible person’ has the 
meaning given that term in section 5127(b) of this title.’’. 
(2) The table of sections at the beginning of such sub-
chapter is amended by adding at the end the following 
new item:
‘‘7270. Cases pending on death of claimant: substitution of parties.’’.
(b) EFFECTIVE DATE.—Section 7270 of title 38, 
United States Code, as added by subsection (a), shall
apply with respect to deaths of claimants on or after the 
date of the enactment of this Act.
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