Overview
In This Section |
This section contains the following topics:
|
1. Definitions and General Guidelines
Introduction |
This topic contains definitions and general guidelines related to the establishment of parental relationships, including
|
Change Date |
February 19, 2019
|
III.iii.5.I.1.a. Definition: Parent |
The term parent is defined in 38 CFR 3.59 and includes the following:
Reference: See M21-1, Part III, Subpart iii, 5.I.6.a for a definition of foster parent.
|
III.iii.5.I.1.d. Avoiding Unnecessary Development |
In all cases, a parent’s financial situation is a factor in establishing entitlement.
Do not undertake development to establish the relationship between Veteran and parent if the
Important: When processing a claim for Parents DIC, concede the claimant’s status as a parent if the Department of Veterans Affairs (VA) was paying the Veteran on whose death the DIC claim is based additional disability compensation for the parent at the time of the Veteran’s death.
|
III.iii.5.I.1.e. Forms Claimants Must Use to Apply for Benefits |
Effective March 24, 2015, a claimant must submit the prescribed form from among those listed in M21-1, Part III, Subpart ii, 2.B.1.b, to claim entitlement to
Notes:
Reference: For information about adding a dependent to a beneficiary’s award, see M21-1, Part III, Subpart iii, 5.L.
|
III.iii.5.I.1.f. Propriety of Telephone Contact With a Claimant |
Regional office employees may contact a claimant by telephone to obtainclarification of information the claimant provided on a form. They may not, however, utilize telephone contact to complete a form on a claimant’s behalf.
Exception: See M21-1, Part III, Subpart iii, 5.A.4.h, for an exception to the policy expressed in this block.
|
2. Determining Entitlement
Introduction |
This topic contains information on
|
Change Date |
June 7, 2018
|
III.iii.5.I.2.b. Considering Need as a Factor in Determining Entitlement |
Always consider need when determining whether benefits are payable to or for a parent.
|
III.iii.5.I.2.c. Death Benefits for a Dependent Parent |
The parents of a deceased Veteran whose death was SC are eligible for death compensation or DIC.
Note: Death compensation is an older VA benefit that is payable if the Veteran died before January 1, 1957.
Reference: For more information on death benefits, see
|
III.iii.5.I.2.d. Determining Entitlement to DIC |
A parent’s net worth is not a factor in determining entitlement to DIC. The rate of DIC payable is based on the parent’s countable income.
If the parent’s countable income exceeds the applicable income limit, DIC is notpayable even if the Veteran’s death was SC.
Reference: For more information about DIC income computations, see
|
3. Effect of Court Judgments
Introduction |
This topic contains information on the effect of court judgments, including
|
Change Date |
June 7, 2018
|
III.iii.5.I.3.b. Determining When an Administrative Decision Is Required |
The preparation of an administrative decision is required if
References: For more information on
|
4. Establishing an Individual as a Veteran’s Biological Parent
Introduction |
This topic contains information on establishing an individual as a Veteran’s biological parent, including
|
Change Date |
June 7, 2018
|
III.iii.5.I.4.a. Requirement for Documentary Evidence |
Documentary evidence is required to establish an individual as a Veteran’s biological parent. In most instances, this consists of a copy of the Veteran’s birth certificate.
If a birth certificate is unavailable and the claimant has adequately explained the reason for its unavailability, claims processors may rely on secondary evidence to establish the parental relationship.
Important: M21-1, Part III, Subpart iii, 5.I.4.c, describes additional evidence a claimant must submit to establish as a Veteran’s biological father an individual who was not married to the Veteran’s biological mother at the time of the Veteran’s birth.
References: For more information on
|
III.iii.5.I.4.b. Primary Evidence of a Parental Relationship |
Primary evidence to establish the relationship between a Veteran and his/her biological parent is a copy or abstract of the public record of birth showing the name of the parent.
Use the table below to determine whether a birth certificate is acceptable as primary evidence.
|
III.iii.5.I.4.c. Establishing as a Veteran’s Biological Father an Individual Who Was Not Married to the Veteran’s Biological Mother at the Time of the Veteran’s Birth |
Additional evidence (beyond that discussed in M21-1, Part III, Subpart iii, 5.I.4.a) is required to establish as a Veteran’s biological father an individual who was notmarried to the Veteran’s biological mother at the time of the Veteran’s birth. That evidence consists of certified statements of two disinterested persons indicating the individual assumed the legal and moral obligations of a parent by living with the Veteran or providing financial support for the Veteran at substantially all times from the date of the Veteran’s birth until the date the Veteran
Notes:
Reference: For more information on recognizing a foster parent as a parent for VA purposes, see M21-1, Part III, Subpart iii. 5.I.6.
|
5. Establishing a Parental Relationship Through Adoption
Introduction |
This topic contains information on establishing a parental relationship through adoption, including
|
Change Date |
June 7, 2018
|
III.iii.5.I.5.a. Status of a Parent of an Adopted Veteran |
A person who adopts a Veteran has the same status as the Veteran’s biological parent.
|
III.iii.5.I.5.b. Establishing an Adoptive Parent’s Relationship to a Veteran |
To establish that an individual is the adoptive parent of a Veteran, request a copy of the final decree of adoption. There is no requirement to obtain this document if it
A copy of an interlocutory adoption decree or an adoptive placement agreement, alone, is not sufficient to establish the parental relationship.
References: For information on how to establish a
|
III.iii.5.I.5.c. Considering Impounded Adoption Records |
If the final adoption decree referenced in M21-1, Part III, Subpart iii, 5.I.5.b, may not routinely be released, claims processors may rely on the following alternative evidence to establish the parental relationship:
Notes:
|
6. Establishing a Foster Parent as a Veteran’s Parent for VA Purposes
Introduction |
This topic contains information on establishing a foster parent as a Veteran’s parent for VA purposes, including
|
Change Date |
February 19, 2019
|
III.iii.5.I.6.a. Definition: Foster Parent |
A foster parent is a person who stands in place of a Veteran’s parent for a continuous period of at least one year.
Note: A public or private institution cannot be a foster parent for VA purposes even if the institution is caring for the Veteran in loco parentis.
References:
|
III.iii.5.I.6.b. Definition: In Loco Parentis |
The term in loco parentis simply means “in place of a parent” and it refers to the foster parent relationship for VA purposes.
|
III.iii.5.I.6.c. Definition: Relinquishment of Parental Control |
The term relinquishment of parental control means
It does not necessarily mean that a court has terminated parental rights.
Relinquishment of control does not necessarily imply abandonment on the part of the biological or adoptive parent. However, a finding that a parent abandoned a child automatically establishes relinquishment of control.
Reference: For more information about the distinction between relinquishment of control and abandonment, see M21-1, Part III, Subpart iii, 5.I.8.
|
III.iii.5.I.6.d. Issues That Arise When an Alleged Foster Parent Is the Same Sex As a Biological or Adoptive Parent |
If a biological or adoptive parent of the same sex as the alleged foster parent was living at the time a foster parent relationship is alleged to have arisen, relinquishment of parental control by the biological or adoptive parent must be proven before the foster parent relationship may be established.
If a biological or adoptive parent of the same sex as the alleged foster parent is living at the time an alleged foster parent files a claim for survivors benefits, treat the claim as a contested claim even if the biological or adoptive parent has not filed a claim.
References:
|
III.iii.5.I.6.f. Establishing a Brother or Sister as a Foster Parent |
VA may establish a Veteran’s brother or sister as the Veteran’s foster parent if the evidence shows
Reference: For more information on the one-year period, see M21-1, Part III, Subpart iii, 5.I.6.a.
|
III.iii.5.I.6.g. Processing a Claim for Survivors Benefits From an Alleged Foster Parent |
Follow the steps in the table below to process a claim for survivors benefits from an individual who claims to be the foster parent of a deceased Veteran.
|
III.iii.5.I.6.h. Processing a Claim for Additional Disability Compensation for an Alleged Foster Parent |
Follow the steps in the table below to process a Veteran’s claim for additional disability compensation for an individual the Veteran claims is his/her foster parent.
|
7. VA’s Policy of Recognizing Only One Father and One Mother of a Veteran
Introduction |
This topic contains information regarding VA’s policy of recognizing only one father and one mother of a Veteran, including
|
Change Date |
June 7, 2018
|
III.iii.5.I.7.a. Handling Cases in Which Two Persons of Same Sex Claim to be the Veteran’s Parent |
A situation might arise where two persons of the same sex claim to have been the parent of a Veteran and meet the basic definition of a parent. In this instance, the qualifying person who last bore the relationship of parent to the Veteran, before the Veteran entered active duty, is recognized as the Veteran’s parent for VA purposes.
Note: Only one father and one mother may be recognized for VA purposes.
Reference: For an example of a situation where two persons of the same sex claim to have been the parent of a Veteran, see M21-1, Part III, Subpart iii, 5.I.7.b.
|
8. Abandonment of a Veteran by His/Her Parent
Introduction |
This topic contains information on the abandonment of a Veteran by his/her parent, including
|
Change Date |
June 7, 2018
|
III.iii.5.I.8.a. How Abandonment Affects Entitlement to Benefits |
A biological or adoptive parent who refused to assume the legal and moral obligations of a parent is not entitled to VA benefits.
Notes:
Reference: For more information on administrative decisions related to abandonment, see M21-1, Part III, Subpart iii, 5.I.8.h.
|
III.iii.5.I.8.d. Foster Parent and the Relinquishment of Parental Control |
If another person of the same sex claims to have been the Veteran’s foster parent, the issue of whether the biological or adoptive parent abandoned the Veteran need not be considered.
Under these circumstances, the issue is merely whether or not the biological or adoptive parent relinquished parental control.
|
III.iii.5.I.8.e. Foster Parent and Abandonment |
The authorization activity must resolve the issue of abandonment if no person of the same sex has claimed a foster parent relationship to the Veteran, but
|
III.iii.5.I.8.f. Parents DIC Claims and Alleged Abandonment |
If a person entitled to DIC as the parent of a deceased Veteran alleges abandonment by the other parent, the authorization activity must resolve the issue regardless of whether or not the other parent has filed a claim for Parents DIC.
Note: Contested claims procedures apply because VA must pay a lower rate of Parents DIC to the claimant if he/she is one of two parents (instead of a sole surviving parent).
References: For more information on
|
III.iii.5.I.8.g. Developing a Case Involving Abandonment by a Parent |
Fully develop the facts surrounding an allegation that a Veteran’s parent abandoned the Veteran, to include
Note: Request from the claimant the information referenced in the preceding paragraph by telephone or locally generated letter.
|
III.iii.5.I.8.h. Administrative Decisions Regarding Abandonment by a Parent |
After determining benefits are not payable to a biological or adoptive parent because of abandonment, prepare a two-signature administrative decision, using the format in M21-1, Part III, Subpart v, 1.A.3. The issue is abandonment by a parent.
VSCMs may delegate authority to approve the decision to a supervisor not lower than a coach.
|
Historical_M21-1III_iii_5_SecI_1-25-17.doc | May 12, 2019 | 155 KB |
Historical_M21-1III_iii_5_SecI_3-4-16.doc | May 12, 2019 | 155 KB |
Historical_M21-1III_iii_5_SecI_06-03-15.doc | May 12, 2019 | 153 KB |
03-04-16_KeyChanges_M21-1III_iii_5_SecI.docx | May 12, 2019 | 74 KB |
6-7-18_Key-Changes_M21-1III_iii_5_SecI.docx | May 12, 2019 | 101 KB |
2-19-19_Key-Changes_M21-1III_iii_5_SecI.docx | May 12, 2019 | 62 KB |
Change-June-3-2015-Transmittal-Sheet-M21-1III_iii_5_SecI_TS.docx | May 12, 2019 | 38 KB |
in Chapter 5 Relationship and Dependency, Part III General Claims Process, Subpart iii General Development and Dependency Issues
Related Articles