Ensuring Survivor Benefits during COVID–19 Act of 2021

Ensuring Survivor Benefits during COVID-19 Act of 2021

This bill requires the Department of Veterans Affairs (VA) to obtain a medical opinion that determines whether a service-connected disability was the principal or contributory cause of death for a veteran who died from COVID-19.

Specifically, the VA must obtain this determination before notifying a claimant for survivor benefits of the final decision regarding such benefits in any case where

• a dependency and indemnity compensation claim is filed in relation to a veteran with one or more service-connected disabilities who dies,
• the death certificate for the veteran identifies COVID-19 as the principal or contributory cause of death,
• the death certificate does not clearly identify any of the service-connected disabilities as the principal or contributory cause of death,
• the veteran's service-connected disability includes a condition more likely to cause severe illness from COVID-19,
• the claimant is not entitled to certain dependency and indemnity compensation benefits, and
• the evidence to support the claim does not result in a preliminary finding in favor of the claimant.

The VA must provide information to veterans, their dependents, and veterans service organizations about applying for dependency and indemnity compensation when a veteran dies from COVID-19. Such information must be available through the VA's website and via other outreach mechanisms.

Ensuring Survivor Benefits During COVID-19 Act of 2021

This bill requires the Department of Veterans Affairs to get a medical opinion to determine if a service-connected disability was the principal or contributory cause of death in situations where a veteran's death certificate identifies COVID-19 (i.e., coronavirus disease 2019) as the principal or contributory cause of death, the certificate does not clearly identify any of the veteran's service-connected disabilities as the principal or contributory cause of death, and a claim for dependency and indemnity compensation is filed with respect to the veteran.