38 CFR 20.1106 – Rule 1106. Claim for death benefits by survivor–prior unfavorable decisions during veteran’s lifetime
Except with respect to benefits under the provisions of 38 U.S.C. § 1311(a)(2) and 1318, and certain cases involving individuals whose Department of Veterans Affairs benefits have been forfeited for treason or for subversive activities under the provisions of 38 U.S.C. § 6104 and 6105, issues involved in a survivor’s claim for death benefits will be decided without regard to any prior disposition of those issues during the veteran’s lifetime. Cases in which a person substitutes for a deceased veteran under 38 U.S.C. § 5121A are not claims for death benefits and are not subject to this section. Cases in which a person substitutes for a deceased death benefits claimant under 38 U.S.C. § 5121A are claims for death benefits subject to this section.
