The VA's removal of your daughter from the dependency claim is a standard, though understandably distressing, procedural action required upon notification of a dependent's death, governed by 38 CFR 3.205(b) and 3.957. However, you are entitled to dependency benefits for her for the period she was alive and eligible during the pending claim. The VA must establish an "award period" for her from the date your claim was filed in October until the date of her passing in December, which will be included in your back pay calculation. For the purpose of rating, she falls under diagnostic code 8915 (Additional compensation for dependents). It is critical that you now take two actionable steps: First, immediately submit a copy of her death certificate via VA Form 21-686c (the standard form for adding/removing dependents) to formally complete the record. Second, in writing (via VA Form 21-4138), explicitly request that the VA recognize her as a dependent for the award period from October to December and include the associated additional benefits in your retroactive payment, citing 38 CFR 3.31 which states that benefits for a dependent child terminate the last day of the month in which the child dies. This ensures the rater directly addresses this period; failure to do so could lead to an error requiring a later appeal under case law like *Dee v. Nicholson*, which holds that the VA must consider all periods of entitlement in a claim.
*Disclaimer: This information is for educational purposes regarding VA claims processes and is not intended as legal, medical, or official VA advice. For guidance on your specific claim, consult an accredited VA attorney or claims agent.*
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