(3) If the class member's claim referred to in paragraph (d)(1) or (d)(2) of this section was received
within one year from the date of the veteran's death, the effective date of the award shall be the first day of the month
in which the death occurred.
(4) If the requirements
of paragraph (d)(1) or (d)(2) of this section are not met, the effective date of the award shall be determined in accordance
with §§ 3.114 and 3.400.
(e) Effect of other provisions affecting retroactive entitlement. (1) General. If the requirements specified in paragraphs
(c)(1) or (c)(2) or (d)(1) or (d)(2) of this section are satisfied, the effective date shall be assigned as specified in those
paragraphs, without regard to the provisions in 38 U.S.C. 5110(g) or § 3.114 prohibiting payment for periods prior to
the effective date of the statute or regulation establishing a presumption of service connection for a covered herbicide disease.
However, the provisions of this section will not apply if payment to a Nehmer class member based on a claim described in paragraph
(c) or (d) of this section is otherwise prohibited by statute or regulation, as, for example, where a class member did not
qualify as a surviving spouse at the time of the prior claim or denial.
(2) Claims Based on Service in the Republic of Vietnam Prior To August 5, 1964. If a claim referred to in paragraph
(c) or (d) of this section was denied by VA prior to January 1, 1997, and the veteran's service in the Republic of Vietnam
ended before August 5, 1964, the effective-date rules of this regulation do not apply. The effective date of benefits in such
cases shall be determined in accordance with 38 U.S.C. 5110. If a claim referred to in paragraph (c) or (d) of this section
was pending before VA on January 1, 1997, or was received by VA after that date, and the veteran's service in the Republic
of Vietnam ended before August 5, 1964, the effective date shall be the later of the date provided by paragraph (c) or (d)
of this section or January 1, 1997.
(Authority: Public
Law 104-275, sec. 505)
(f)
Payment of Benefits to Survivors or Estates of Deceased Beneficiaries. (1) General. If a Nehmer class member entitled to retroactive
benefits pursuant to paragraphs (c)(1) through (c)(3) or (d)(1) through (d)(3) of this section dies prior to receiving payment
of any such benefits, VA shall pay such unpaid retroactive benefits to the first individual or entity listed below that is
in existence at the time of payment:
(i) The class member's spouse, regardless of current marital status.
Note to Paragraph (f)(1)(i): For purposes of this paragraph, a spouse is the person who was legally married to the class
member at the time of the class member's death.
(ii) The class member's child(ren), regardless of age or marital status (if more than one child exists, payment will
be made in equal shares, accompanied by an explanation of the division).
Note to Paragraph (f)(1)(ii): For purposes of this paragraph, the term "child" includes natural and adopted
children, and also includes any stepchildren who were members of the class member's household at the time of the class member's
death.
(iii) The class member's parent(s), regardless of dependency (if both parents are alive, payment will be made in equal
shares, accompanied by an explanation of the division).
Note to Paragraph (f)(1)(iii): For purposes of this paragraph, the term "parent" includes natural and adoptive
parents, but in the event of successive parents, the persons who last stood as parents in relation to the class member will
be considered the parents.
(iv) The class member's estate.
(2) Inapplicability of certain accrued benefit requirements. The provisions of 38 U.S.C. 5121(a) and § 3.1000(a)
limiting payment of accrued benefits to amounts due and unpaid for a period not to exceed 2 years do not apply to payments
under this section. The provisions of 38 U.S.C. 5121(c) and [*50972] § 3.1000(c) requiring survivors to file claims for
accrued benefits also do not apply to payments under this section. When a Nehmer class member dies prior to receiving retroactive
payments under this section, VA will pay the amount to an identified payee in accordance with paragraph (f)(1) of this section
without requiring an application from the payee. Prior to releasing such payment, however, VA may ask the payee to provide
further information as specified in paragraph (f)(3) of this section. |
|
