Citation Nr: 18159148
Decision Date: 12/18/18	Archive Date: 12/18/18

DOCKET NO. 15-18 005
DATE:	December 18, 2018
ORDER
Entitlement to accrued benefits is denied.
FINDING OF FACT
The appellant’s claim for accrued benefits was received in May 2014, more than one year after the death of the deceased beneficiary.
CONCLUSION OF LAW
The criteria for entitlement to accrued benefits have not been satisfied.  38 U.S.C. § 5121 (2012); 38 C.F.R. § 3.1000 (2018).
REASONS AND BASES FOR FINDING AND CONCLUSION
The Veteran passed away in February 1976. His spouse, L.B., passed away in June 2011. The appellant is L.B.’s daughter. 
Entitlement to accrued benefits
Accrued benefits are benefits to which a payee was entitled at his or her death, based on evidence on file at the date of death, and due and unpaid. Accrued benefits will, upon the death of a veteran, be paid to survivors as provided by law. 38 U.S.C. § 5121; 38 C.F.R. § 3.1000. For a claimant to prevail on an accrued benefits claim, the claim must be filed within one year of the date of death. 38 U.S.C. §§ 5101 (a), 5121; 38 C.F.R. § 3.1000.
The Board notes that for purposes of determining eligibility for payment, a "child" of the veteran must be unmarried and must be either under the age of 18, have become permanently incapable of self-support before the age of 18, or be between the ages of 18 and 23 and pursuing a course of instruction at an approved educational institution. 38 U.S.C. § 101 (4)(A)(ii); 38 C.F.R. §§ 3.57 (a)(1), 3.1000(d)(2). Accrued VA benefits are only paid to certain recipients rather than to the payee's estate. In all other cases, only so much of the accrued benefit may be paid as necessary to reimburse the person who bore the expense of the last sickness and burial. 38 U.S.C. § 5121; 38 C.F.R. § 3.1000.
The record shows that the appellant filed a claim for accrued benefits on May 8, 2014, more than one year after the death of the deceased beneficiary. The record shows that L.B. died on June [redacted], 2011. Accordingly, the application for accrued benefits was not timely, and the claim must be denied as a matter of law. See 38 U.S.C. § 5121 (c); 38 C.F.R. § 3.1000 (c). 
While the appellant contends in her notice of disagreement and substantive appeal that she was not aware of the deadline for the application of benefits, and that her mental health issues impaired her ability to manage things, a review of the record shows that L.B. had no pending claims from which accrued benefits could be paid. Thus, even if the appellant had filed a timely application for accrued benefits, she would still not prevail on her claim. As the disposition of this claim is based on the law, and not the facts of the case, the claim must be denied based on a lack of entitlement under the law. See Sabonis v. Brown, 6 Vet. App. 426, 430 (1994).

 
K. PARAKKAL
Veterans Law Judge
Board of Veterans’ Appeals
ATTORNEY FOR THE BOARD	Christine C. Kung