Section 121.140  Proof of Death

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

a)         Widow or Widower making application must prove:

1)         Death of person rendering service (photostatic or certified copy of official notification of death should be attached); and

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

b)         Child or children making application must prove:

1)         Death of person rendering service (see subsection (a)(1) above)

2)         Marriage of deceased and other parent of the child or children; and

3)         That veteran's legal spouse is now deceased or is divorced from the veteran (certified copy of death certificate or divorce decree shall be attached); and

4)         Child's birth certificate.

c)         Mother or Father making application must prove:

1)         Death of person rendering service (see subsection (a)(1) above);

2)         That such person was unmarried, or if married, that the spouse of such person is deceased or was divorced from the veteran (see subsection (b)(3) above);

3)         That if such person was married, no children survive (photostatic copy of death certificate(s) must be attached);

4)         If the father is the applicant, that the mother is deceased (photostatic copy of death certificate must be attached); and

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 subsections (c)(1) through (5) above.

e)         Brother or sister must prove:

1)         Those elements required by subsection (a)(1) and (c)(1) through (5) above;

2)         That both the mother and father of the person rendering service are dead, and that no one stood in loco parentis 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 will be sufficient to show that no one stood in loco parentis toward the deceased veteran); and

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