Overview
In This Section |
This section contains the following topics:
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1. Additional Compensation for Dependents
Change Date |
February 25, 2019 |
III.iii.5.L.1.a.
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Upon receipt of an application for disability compensation, follow the instructions inM21-1, Part III, Subpart iii, 5.A.1.h if
Important: If a claim that requires a rating decision and a claim for additional compensation for a dependent are pending at the same time, and the Veteran already has a combined disability evaluation of at least 30 percent, do not delay a decision on the claim for additional compensation for a dependent pending resolution of the rating-related issues.
Reference: For instructions on handling an application that is incomplete, seeM21-1, Part III, Subpart iii, 5.A.4.b.
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III.iii.5.L.1.b. Adding Dependents Following the Assignment of a Combined Disability Evaluation of at Least 30 Percent |
When promulgating a rating decision that assigns a combined disability evaluation of at least 30 percent, concurrently award additional disability compensation to which the Veteran is entitled for his/her dependents.
The policy expressed in the preceding paragraph applies even when no claim for additional compensation for a dependent or dependents is currently pending. In this situation, award additional disability compensation to which the Veteran is entitled for his/her dependents under the pending rating end product (EP) if
Notes:
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III.iii.5.L.1.c. Notification Requirements When VA Assigns a Combined Disability Evaluation of at Least 30 Percent |
Each time the rating activity assigns to a Veteran a combined disability evaluation of at least 30 percent,
Important: The policy described in this block applies even if the rating activity previously determined the Veteran was at least 30-percent disabled and is now
When preparing the decision notice described in this block, follow the instructions in the table below when the evidence of record suggests the Veteran has a dependent, or has claimed a dependent, that has not yet been added to his/her award.
References: Follow the instructions in
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III.iii.5.L.1.d. Using RADL to Meet Notification Requirements |
When RADL is used to prepare notification of the types of rating decisions discussed in M21-1, Part III, Subpart iii, 5.L.1.c, the application automatically inserts the following paragraph into the decision notice:
Your combined evaluation is 30 percent or more disabling; therefore, you may be eligible for additional benefits based on dependency. We may be able to pay you retroactive benefits for your dependents if you submit your dependency claim within a year from the date of this letter. If you wish to notify us of your dependents, please do so through eBenefits, an electronic resource in a self-service environment. Use of these resources often helps us serve you faster! Just visit http://www.eBenefits.va.gov to enroll and submit your dependency information.
Exception: RADL does not insert the above paragraph into a decision notice if
Follow the instructions in the table below when
Reference: For more information about preparing decision notices using RADL, see
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III.iii.5.L.1.e.
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Follow the instructions in the table below when
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2. Determining the Proper Effective Date for Awarding Additional Compensation for Dependents
Change Date |
December 8, 2017 |
III.iii.5.L.2.a. Handling Responses to Requests for Evidence/ Information to Add a Dependent That VA Receives Within the One-Year Time Limit |
If a Veteran responds to a request for evidence/information required to add a dependent to his/her award within one year of the request referenced in M21-1, Part III, Subpart iii, 5.L.1.c, grant entitlement to additional compensation for the dependent effective the later of the following dates:
References:
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III.iii.5.L.2.b. Effect of Sharp v. Shinseki on the Assignment of Effective Dates |
The policy regarding the assignment of an effective date for adding a dependent to a Veteran’s award, as explained in M21-1, Part III, Subpart iii, 5.L.2.a, stems from an October 15, 2009, decision by the Court of Appeals for Veterans Claims inSharp v. Shinseki, 23 Vet.App. 267 (2009).
Prior to the decision in Sharp v. Shinseki, if a Veteran failed to provide evidence/information about his/her dependent(s) within one year of the date VAinitially requested it (following the initial rating of 30 percent or greater), VA granted entitlement to additional compensation for the dependent(s) from an effective date that was no earlier than
If, during routine review of a Veteran’s record, it is discovered that a rating decision completed on or after October 15, 2009, entitles the Veteran to additional compensation for (a) dependent(s) from an earlier effective date based on Sharp v. Shinseki, take action to correct the Veteran’s award.
Exception: The policy stemming from Sharp v. Shinseki does not apply to
Reference: For more information about awarding entitlement to additional compensation for dependents from the effective date of a rating decision, see 38 CFR 3.401(b)(3).
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III.iii.5.L.2.c. Handling Responses to Requests for Evidence/ Information About a Dependent That VA Receives After the One-Year Time Limit |
If a Veteran waits more than one year to respond to a request for evidence/information about his/her dependent(s), award entitlement to additional compensation for the dependent(s) no earlier than the date VA receives the response, unless
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III.iii.5.L.2.d. Examples: Addition of a Dependent Following Notification of Potential Entitlement |
Scenario 1: VA awards a combined disability evaluation of 30 percent to a Veteran effective April 21, 2001, and notifies him of potential entitlement to additional compensation for dependents on May 1, 2001. The Veteran forgets to inform VA that he is currently married.
The Veteran has no interaction with VA until June 15, 2006, when he discovers the May 1, 2001, letter while cleaning out his desk. He reads over the letter again and realizes he has been missing out on additional compensation for his spouse. He immediately calls VA then submits a completed VA Form 21-686c showing he first married in August 13, 1998, and remains married to the same person.
Action: Award entitlement to additional compensation for a spouse effective June 15, 2006.
Scenario 2: On November 11, 2009, VA awards the same Veteran a total rating based on IU back to September 18, 2003.
Action: Retroactively award entitlement to additional compensation for a spouse effective September 18, 2003.
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III.iii.5.L.2.e. Granting Entitlement Effective the Date of a Life Event, the Date of Claim, or the Date Dependency Arose |
If a Veteran submits a claim for additional disability compensation for a dependentsolely because dependency arose or the Veteran experienced a life event, such as a marriage or birth (not in response to the decision notice referenced in M21-1, Part III, Subpart iii, 5.L.1.c), grant entitlement (if entitlement exists) effective the date shown in the table below.
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III.iii.5.L.2.f. Example: Addition of a Dependent From the Date of a Life Event |
Scenario:
Action: Grant entitlement to additional compensation for the child effective December 23, 2010.
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III.iii.5.L.2.g. Effective Date for Granting Entitlement to Additional Compensation Based on a Same-Sex Marriage |
On September 4, 2013, the U.S. Attorney General announced that the President had directed the Executive Branch to cease enforcement of 38 U.S.C. 101(3) and (31) to the extent it prevented government agencies from paying benefits based on the marriage of two individuals of the same sex.
The President’s directive allowed VA to recognize a same-sex marriage as valid, as long as the marriage was legal according to the law of the place where the individuals resided
On June 26, 2015, the Supreme Court ruled in Obergefell v. Hodges that all states must
As a consequence of the Supreme Court ruling, the process for determining the validity of a same-sex marriage is now no different than the process for determining the validity of a marriage between individuals of the opposite sex (as described inM21-1, Part III, Subpart iii, 5.B).
The table below explains how the President’s directive (which represents a liberalizing change in law) and the Supreme Court ruling affect the assignment of an effective date for entitlement to additional benefits based on a same-sex marriage.
Notes:
References:
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III.iii.5.L.2.h. Examples: Selecting an Appropriate Effective Date for Adding a Same-Sex Spouse to a Veteran’s Award |
The table below contains examples of the policies expressed in M21-1, Part III, Subpart iii, 5.L.2.g.
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3. Special Considerations When Making Award Adjustments for Dependents
Introduction |
This topic discusses special considerations when making adjustments for dependents, including
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Change Date |
February 27, 2017 |
III.iii.5.L.3.a. Providing Notice of an Award Adjustment |
Notify a beneficiary of any adjustment to his/her award because of a change in the status of a dependent.
Important:
Example: The mailbox for the Salt Lake City RO’s VR&E office isVAVBASLC/RO/VRE.
References: For information about
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III.iii.5.L.3.b. Effect of Separation or Estrangement |
Separation or estrangement does not affect disability compensation awards unlessthe spouse files a claim for an apportionment.
Important:
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III.iii.5.L.3.c. Payment of Compensation While a Reduction Is Under Consideration |
If either of the following actions are pending when a claim for additional compensation for dependents is pending or received, continue to adjudicate the claim:
Important: The provisions of 38 CFR 3.501(g)(2) allow for payment of additional compensation for dependents until the actual severance/reduction occurs.
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III.iii.5.L.3.e. Requirement to Notify a Child’s Custodian |
Provide a notice of proposed adverse action to the custodian of any child whose rate of payment is adversely affected by a change in the status of a child or children on other awards.
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III.iii.5.L.3.f. Example: Adjustment of a Child’s Award and Notification |
Situation:
Result:
Notes:
Reference: For more information on the adjudication of claims based on school attendance, see M21-1, Part III, Subpart iii, 6.B.
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4. Award Adjustments Necessitated by the Loss of a Dependent
Introduction |
This topic contains general information on adjustments necessitated by the loss of a dependent, including
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Change Date |
November 29, 2018 |
III.iii.5.L.4.a. When a Notice of Proposed Adverse Action to Remove a Dependent Is Not Required |
A notice of proposed adverse action to remove a dependent is not required if a beneficiary or his/her custodian provides VA with the evidence or information that triggers a reduction or discontinuation of benefits.
Reference: M21-1, Part I, 2.A.2.a describes the circumstances under which a notice of proposed adverse action is required.
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III.iii.5.L.4.b. When the End-of-Month Rule Applies to the Removal of a Dependent From a Beneficiary’s Award |
The end-of-month rule applies to the total award amount paid to the Veteran or surviving spouse as the primary beneficiary.
Under the provisions of 38 U.S.C. 5112(b)(2), 38 CFR 3.500, and 38 CFR 3.660(a)(2), the effective date of reduction or discontinuance of an award of compensation, current-law pension, or DIC is the last day of the month in which the event occurs ifthe reduction or discontinuance is due to the loss of a
Important:
References: For more information about
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III.iii.5.L.4.c. When the End-of-Month Rule Does Not Apply to the Removal of a Dependent From a Beneficiary’s Award |
The table below contains a description of the circumstances under which the end-of-month rule does not apply to the removal of a dependent from a beneficiary’s award.
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III.iii.5.L.4.d. Removing a Child From a Beneficiary’s Award Based on the Results of a Paternity Test |
The results of a paternity or similar type of test might require the removal of a child from a beneficiary’s award. Before removing the child, determine whether VA may recognize him/her as a stepchild under 38 CFR 3.57(b).
If VA may no longer recognize an individual as a Veteran’s child based on the results of a paternity test, remove the individual from the beneficiary’s award according to the instructions in M21-1, Part III, Subpart iii, 5.L.4.c. (The date the beneficiary received the results of the test represents “the date of the event” referenced in M21-1, Part III, Subpart iii, 5.L.4.c.)
Exception: Follow the instructions in M21-1, Part III, Subpart v, 3.B.6.g, if VA is apportioning benefits to the individual VA must remove from the beneficiary’s award.
Note: Do not request a copy of the paternity test unless
References: For more information about
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III.iii.5.L.4.e. Removing a Dependent From a Beneficiary’s Award |
When removing a dependent from a beneficiary’s award, follow the steps in the table below.
Reference: For more information on removing a dependent in
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III.iii.5.L.4.f. Action to Take if a Beneficiary Fails to Provide Information Required to Remove a Dependent |
If a beneficiary notifies VA of the loss of a dependent but does not provide the following information, attempt to obtain it from the beneficiary by telephone:
Follow the instructions in the table below if attempts to obtain the missing information by telephone are unsuccessful.
Notes:
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III.iii.5.L.4.g. Information That Is Unique to Changes in the Status of Children in Receipt of DIC |
The following information is unique to changes in the status of children in receipt of DIC:
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III.iii.5.L.4.h. Award Adjustment Upon the Death or Marriage of a Child |
If a Veteran or surviving spouse is receiving additional benefits for a child, and that child dies or marries, reduce or discontinue benefits effective the earlier of the following:
Note: If entitlement is based on school attendance, and the child stops attending school before marrying, reduce or discontinue benefits effective the first day of the month following the month during which the child last attended school, per 38 CFR 3.667(c).
Reference: For more information about the marriage of a beneficiary’s child, seeM21-1, Part III, Subpart iii, 5.H.
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III.iii.5.L.4.i. Application of 38 CFR 3.551 |
Depending on the type of pension a Veteran is receiving, 38 CFR 3.551 may require a reduction of benefits if the Veteran loses an only dependent while VA is furnishing him/her with hospital, domiciliary, or nursing home care.
Reference: For more information about award adjustments under 38 CFR 3.551, see M21-1, Part III, Subpart v, 6.B. |
III.iii.5.L.4.j. Handling a Renouncement of the Right to Additional Benefits for a Dependent |
38 CFR 3.106 allows an individual that is entitled to compensation, pension, or DIC to renounce his/her right to that benefit. However, an individual may not renounce individual components of a benefit, such as the additional benefits VA pays for a dependent.
Veterans entitled to disability compensation may choose not to add a dependent to his/her award. However, once VA has added the dependent, VA will not remove him/her from the Veteran’s award unless and until the Veteran loses entitlement to additional benefits for that dependent due to, for example, death or divorce.
References: For more information about
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Historical_M21-1III_iii_5_SecL_8-31-15.doc | May 12, 2019 | 162 KB |
Historical_M21-1III_iii_5_SecL_1-4-19.docx | May 12, 2019 | 91 KB |
8-24-17_Key-Changes_M21-1III_iii_5_SecL.docx | May 12, 2019 | 79 KB |
Historical_M21-1III_iii_5_SecL_8-24-17.docx | May 12, 2019 | 101 KB |
1-4-19_Key-Changes_M21-1III_iii_5_SecL.docx | May 12, 2019 | 69 KB |
12-8-17_Key-Changes_M21-1III_iii_5_SecL.docx | May 12, 2019 | 79 KB |
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5-9-16_Key-Changes_M21-1III_iii_5_SecL.docx | May 12, 2019 | 77 KB |
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Change-July-11-2015-Transmittal-Sheet-M21-1III_iii_5_SecL_TS.docx | May 12, 2019 | 40 KB |
in Chapter 5 Relationship and Dependency, Part III General Claims Process, Subpart iii General Development and Dependency Issues
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