Overview
In This Section |
This section contains the following topics:
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1. General Information on Establishing Parental Dependency
Introduction |
This topic contains information on handling issues of parental dependency, including
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Change Date |
July 11, 2015 |
III.iii.5.J.1.b. Consideration of Parental Relationship and Dependency |
The issue of whether or not a Veteran’s parent is dependent is distinct from the issue of whether or not the parental relationship may be established.
Disability and Death Compensation: Both the parental relationship anddependency of the parent must be established in order for the Department of Veterans Affairs (VA) to pay additional disability compensation for a parent or pay death compensation to a parent.
Parents’ Dependency and Indemnity Compensation (DIC): Dependency is notan issue in Parents’ DIC claims, although entitlement to Parents’ DIC, as well as the rate that is payable, are both determined by the parents’ income for VA purposes.
References: For more information on
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III.iii.5.J.1.d. How Marriage Affects Parental Dependency |
A parent’s marriage has no bearing on the parent’s dependency, except to the extent that it changes the
References: For more information on
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III.iii.5.J.1.e. Initial Development to Determine Parental Dependency |
If taking initial development action to determine the dependency of a parent, send the claimant VA Form 21P-509, Statement of Dependency of Parent(s).
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III.iii.5.J.1.f. Action to Take if Additional Information Is Required |
If additional information is required to determine the dependency of a parent, develop by:
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III.iii.5.J.1.g. Obtaining Evidence Pertaining to a Parent’s Marriage |
If evidence is received showing a dependent parent has married, advise the beneficiary that VA Form 21P-509 must be completed to establish that continued dependency exists.
If the beneficiary fails to respond to VA Form 21P-509, furnish a notice of proposed adverse action under 38 CFR 3.652.
Reference: For more information on conclusive dependency, see M21-1, Part III, Subpart iii, 5.J.2.
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III.iii.5.j.1.h. Establishing Dependency in Domestic and Foreign Cases |
The table below shows when dependency may be established in domestic and foreign cases.
References: For more information on
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2. Conclusive Dependency of a Parent – Domestic Cases Only
Introduction |
This topic contains information on conclusive dependency in domestic cases, including
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Change Date |
October 11, 2010
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III.iii.5.J.2.a. Income Limits for Parental Dependency |
Conclusive dependency of a parent, other than a parent who resides in a foreign country, exists when the monthly income of the parent(s) does not exceed
Reference: For more information on the income limits for a parent and a parent’s spouse, see 38 CFR 3.250.
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III.iii.5.J.2.d. Effect of Net Worth on Parental Dependency |
If family income is within the income limits specified under 38 CFR 3.250, net worth is not a factor.
If, however, the claimant reports substantial net worth, determine whether
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3. Factual Dependency–Foreign Cases and Domestic Cases
Introduction |
This topic contains information on factual dependency in foreign and domestic cases, including
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Change Date |
October 11, 2010 |
III.iii.5.J.3.a. Standard to Determine Factual Dependency |
In all foreign cases and in those domestic cases where income exceeds the limits for conclusive dependency under 38 CFR 3.250, use the following standard to determine whether factual dependency exists: Does the parent have sufficient income and/or net worth to provide reasonable maintenance for himself/herself and for members of his/her family?
If the answer is no, dependency exists.
Note: There are no hard and fast rules for determining whether factual dependency exists. This is a discretionary determination that is made by development and/or authorization activity.
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III.iii.5.J.3.b. Net Worth Considerations |
If conclusive dependency cannot be established, net worth must be considered. Evaluate a parent’s net worth separately even if the parents are living together.
The table below describes considerations with regard to
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4. Administrative Decisions–Dependency Determinations
Change Date |
August 14, 2006 |
III.iii.5.J.4.a. Administrative Decisions |
Use the table below to determine the appropriate actions to take when
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5. Requests for Proof of Continued Dependency in Connection With Award Action
Introduction |
This topic contains information about proof of dependency, including
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Change Date |
September 6, 2018 |
III.iii.5.J.5.a. When to Require Proof of Continued Dependency |
Proof of continued dependency is required for award action in disability and death compensation cases when the information on VA Form 21P-509 is over a year old.
Example: Situations may arise in which a determination of entitlement has been delayed pending receipt of
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III.iii.5.J.5.b. Obtaining Proof of Continued Dependency in Death and Disability Cases |
Follow the steps in the table below to request proof of continued dependency in death and disability cases when taking award action.
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6. Follow-Ups to Determine Whether Dependency Has Ceased
Introduction |
This topic contains information about conducting follow-ups to determine whether dependency has ceased, including
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Change Date |
July 11, 2015 |
III.iii.5.J.6.b. Corporate Record Control of Dependency Issues |
If an award is made and there is a reasonable expectation that the parent’s financial situation may improve, establish a diary under reason code 22, Verify Income or Dependency, for a follow-up at an appropriate date to determine whether dependency has ceased.
Reference: For more information for establishing a diary in Share, see the Share User Guide.
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7. Changes in Marital and Dependency Status of Parents in Disability and Death Compensation Cases
Introduction |
This topic contains information about changes in the marital and dependency status of parents in disability and death compensation cases, including
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Change Date |
March 19, 2018 |
III.iii.5.J.7.c. Reducing or Discontinuing Awards |
Reduce a disability compensation award or discontinue a death compensation award effective the first day of the calendar year following the calendar year during which dependency ceased.
References: For more information on
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III.iii.5.J.7.d. Award Adjustment When the Dependency of One Parent, on a Two-Parent Award, Ceases |
Follow the steps in the table below if it is determined that one of two parents receiving death compensation is no longer dependent, but the other parent continues to be dependent.
Reference: For more information on award adjustment when the dependency of one parent, on a two-parent award, ceases, see 38 CFR 3.651.
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8. Death of One of Two Dependent Parents
Introduction |
This topic contains information on the death of one of two dependent parents, including
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Change Date |
October 11, 2010 |
III.iii.5.J.8.a. Action Taken on the Death of One of Two Parents |
The table below describes the action taken in cases where one of two dependent parents dies.
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III.iii.5.J.8.b.Automatic Rate Adjustment for Remaining Parent |
When one parent is removed from a two-parent death compensation award because of death or cessation of dependency, VA automatically increases the rate payable to the remaining parent. A specific claim for increased benefits from the remaining parent is not required.
Reference: For more information on increasing the death compensation rate payable to a remaining parent, see 38 CFR 3.651(a).
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9. Reestablishment of Parental Dependency
Introduction |
This topic contains information about reestablishment of parental dependency, including
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Change Date |
March 19, 2018 |
III.iii.5.J.9.a. When to Resume Payments for a Dependent Parent |
If payments of death compensation are discontinued or additional disability compensation payments are reduced because a parent was determined not to be dependent, resume payments effective the date dependency again arises.
Important: Satisfactory evidence must be received within one year from the date of notice of the discontinuation or reduction. Otherwise, the effective date is determined by the date of claim subject to 38 CFR 3.31.
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III.iii.5.J.9.b. Example: Dependency Reestablished and Payments Resumed
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Scenario:
Result: The effective date of entitlement to death compensation is January 27, 2002. The effective date of payment (after the application of 38 CFR 3.31) is February 1, 2002.
Note: Had the parent received her last paycheck before December 31, 2001, benefits would have continued uninterrupted since VA could not discontinue benefits from an effective date earlier than January 1, 2002.
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III.iii.5.J.9.d. Example: Dependency Reestablished and Award Adjusted |
Scenario:
Award Action/Adjustment:
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Historical_M21-1III_iii_5_SecJ_10-21-16.doc | May 12, 2019 | 173 KB |
Historical_M21-1III_iii_5_SecJ_8-22-17.docx | May 12, 2019 | 83 KB |
Historical_M21-1III_iii_5_SecJ_7-11-15.doc | May 12, 2019 | 166 KB |
Historical_M21-1III_iii_5_SecJ_1-5-17.doc | May 12, 2019 | 175 KB |
3-19-18_Key-Changes_M21-1III_iii_5_SecJ.docx | May 12, 2019 | 80 KB |
10-21-16_Key-Changes_M21-1III_iii_5_SecJ.docx | May 12, 2019 | 72 KB |
9-6-18_Key-Changes_M21-1III_iii_5_SecJ.docx | May 12, 2019 | 59 KB |
Change-July-11-2015-Transmittal-Sheet-M21-1III_iii_5_SecJ_TS.docx | May 12, 2019 | 42 KB |
Historical_M21-1III_iii_5_J_10-11-2010.doc | May 12, 2019 | 150 KB |
in Chapter 5 Relationship and Dependency, Part III General Claims Process, Subpart iii General Development and Dependency Issues
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