Section 104.130  Proof of Death

The beneficiary making application for payment of compensation shall furnish the following proof:

a)         Husband or Wife making application must prove:

1)         Death of person rendering service. (Photostatic or certified copy of official notification of death should be attached).

2)         Marriage of the parties, and that such marriage existed at the time of death of person through whom claim is made.

b)         Child or Children making application must prove:

1)         Death of person rendering service (See Section 104.130(a)(1))

2)         Marriage of deceased and other parent of Child or Children.

3)         That veteran's legal spouse is now deceased, or was divorced.  (Certified copy of death certificate or divorce decree shall be attached).

c)         Mother, Father making application must prove:

1)         Death of person rendering service. (See Section 104.130(a)(1))

2)         That such person was unmarried, or if married that spouse of such person is dead or was divorced. (See Section 104.130(b)(3))

3)         That if such person was married, there were no children, or if there were children, all are dead.  (Photostatic copy of death certificate/s must be attached).

4)         If Father is the applicant that Mother is dead.  (Photostatic copy of death certificate must be attached).

5)         That the deceased upon whose service claim is made was the son or daughter of the claimant.  (Photostatic copy of birth certificate).

d)         Person Standing In Loco Parentis must prove:

That he or she stood in relation of parent toward the person rendering service and comply with (Section 104.130(c)(1) through (5) Mother, Father.

e)         Brother or Sister must prove:

1)         See (a)(1), of this Section, Husband or Wife.

2)         See (c), same as (1) through (5), of this Section, Mother, Father.

3)         That both the Mother and Father of the person rendering service are dead, and that no one stood in relation of parent to the person through whom the claim is made.  (Photostatic copies of death certificates will suffice to prove death; affidavits of responsible persons having knowledge of the facts should be sufficient to show that no one stood in loco parentis toward the deceased veteran).

4)         That relationship of brother or sister existed between the applicant or applicants and person rendering service.  (Affidavits of responsible persons shall accompany the application).