Overview
In This Section |
This section contains the following topics:
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1. Determining Whether VA May Pay More Than One Benefit to or for a Child With Two Veteran-Parents
Introduction |
This topic contains instructions for determining whether VA may pay more than one benefit to or for a child with two Veteran-parents, including
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Change Date |
January 21, 2016
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III.v.4.E.1.b. Concurrent Payment of Separate Disability and/or Survivors Benefits to or for a Child With Two Veteran-Parents |
If a child has more than one Veteran-parent, and the parents are not in the same parental line, the Department of Veterans Affairs (VA) may concurrently pay separate disability and/or survivors benefits to or for the child based on the service of each Veteran-parent.
If a child has more than one Veteran-parent in the same parental line, follow the instructions in the table below to determine whether VA may concurrently pay separate disability and/or survivors benefits to or for the child based on the service of each Veteran-parent.
Important:
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III.v.4.E.1.c. Concurrent Payment of DEA and Disability and/or Survivors Benefits to or for a Child With Two Veteran-Parents |
Use the information in the table below to determine whether VA may pay education benefits to a child while concurrently paying disability and/or survivors benefits to or for the same child based on the service of more than one Veteran-parent.
Note: “Education benefits,” for the purpose of this block, refers to
Important: Once a child receives his/her first payment of education benefits (regardless of age), the election of education benefits becomes final, unless VA paid the education benefit in error. This means that at the point in time when the concurrent payment of education benefits and disability and/or survivors benefits is prohibited (at age 18, unless the child is incapable of self-support),
References: For more information about
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2. Processing an Election Involving a Child With Two Veteran-Parents in the Same Parental Line
Introduction |
This topic contains instructions for processing an election involving a child with two Veteran-parents in the same parental line, including
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Change Date |
December 14, 2018
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III.v.4.E.2.c. Effective Date of Payment of an Elected Benefit That Is Greater Than the Prior Benefit |
If VA receives an election of a greater benefit from a child (or his/her parent, guardian, or custodian, whichever applies) within one year of the date VA notified the child of his/her right to an election, the effective date of the election is the date entitlement to the elected benefit arose. Otherwise, the effective date is the date VA received the election.
Important: Apply the provisions of 38 CFR 3.31 to the effective date of an election to arrive at the effective date of payment of the newly elected benefit.
Reference: For more information about applying the provisions of 38 CFR 3.31, see M21-1, Part III, Subpart v, 2.A.2.b.
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III.v.4.E.2.e. Processing a Child’s Election of Benefits Under a Different Veteran-Parent in the Same Parental Line |
Follow the instructions in the table below when
References: For more information about
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III.v.4.E.2.f. Example: Processing a Child’s Election of Benefits Under a Different Veteran-Parent in the Same Parental Line |
This block provides an example of the procedure described in M21-1, Part III, Subpart v, 4.E.2.e.
Scenario:
Actions:
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3. Effect of a Child’s Elections on Other Beneficiaries’ Entitlement
Introduction |
This topic contains information on the effect of a child’s election on other beneficiaries’ entitlement, including
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Change Date |
January 21, 2016
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III.v.4.E.3.a. General Information on the Effect of a Child’s Election on Other Beneficiaries |
If, while VA is paying survivors benefits to or for a child based on the service of one of two deceased Veteran-parents in the same parental line, the child (or his/her parent, guardian, or custodian, whichever applies) elects to receive survivors benefits based on the service of the other Veteran-parent, the child’s election may affect the rates payable to other beneficiaries (a surviving spouse and/or other children) that are entitled to benefits based on the service of the Veteran-parents.
The effect of a child’s election on the rates payable to other beneficiaries may be determined by calculating the effect the child’s election has on the child’s entitlement to receive his/her share in the benefits payable to other beneficiaries.
References: For more information on the effect of a child’s election on
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III.v.4.E.3.b. Effect of a Child’s Election on a Surviving Spouse’s Entitlement |
If a surviving spouse was receiving benefits for the child referenced in M21-1, Part III, Subpart v, 4.E.3.a prior to the child’s election of benefits under a different Veteran-parent, follow the instructions in the table below to determine the surviving spouse’s post-election entitlement.
References: For more information about
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III.v.4.E.3.c. Effect of a Child’s Election on Another Child’s or Other Children’s Entitlement |
If VA was paying benefits to or for another child or other children based on the service of the same Veteran under whom the child referenced in M21-1, Part III, Subpart v, 4.E.3.a was receiving benefits prior to his/her election, determine the post-election entitlement of the remaining child or children as if the child that made the election does not exist.
Note: If the benefit VA was paying the child prior to his/her election was DIC, and VA was paying DIC to a surviving spouse based on the same Veteran’s death, the child’s election will have no effect on other children that are
Reference: For information about making award adjustments based on the policy expressed in this block, see M21-1, Part III, Subpart v, 4.E.4.c. |
4. Adjusting the Awards of Other Beneficiaries When a Child Elects Benefits Under a Different Veteran-Parent
Introduction |
This topic contains information on adjusting the awards of other beneficiaries when a child elects benefits under a different Veteran-parent, including
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Change Date |
December 14, 2018
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III.v.4.E.4.a. Reducing or Discontinuing a Surviving Spouse’s Award Because of a Child’s Election of Benefits Under a Different Veteran-Parent |
Follow the instructions in the table below if the election of a child with two Veteran-parents in the same parental line will require a reduction in or discontinuance of benefits VA is paying to a surviving spouse.
Examples: A child’s election of benefits under a different Veteran-parent will require a
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III.v.4.E.4.b. Increasing a Surviving Spouse’s Award Because of a Child’s Election of Benefits Under a Different Veteran-Parent |
Follow the instructions in the table below if a surviving spouse’s award will increasebecause
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III.v.4.E.4.c. Increasing the Awards of Other Children Because of a Child’s Election of Benefits Under a Different Veteran-Parent |
Follow the instructions in the table below if the discontinuation of a child’s award (because the child elected to receive benefits based on the service of a different Veteran-parent in the same parental line) will result in an increase in benefits to another child or other children.
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1-21-16_Key-Changes_M21-1III_v_4_SecE.docx | May 16, 2019 | 100 KB |
Historical_M21-1III_v_4_SecE_6-9-15.doc | May 16, 2019 | 121 KB |
Change-June-9-2015-Transmittal-Sheet-M21-1III_v_4_SecE_TS.docx | May 16, 2019 | 37 KB |
Historical_M21-1III_v_4_SecE_1-21-16.docx | May 16, 2019 | 63 KB |
4-24-19_Key-Changes_M21-1III_v_4_SecE.docx | May 16, 2019 | 56 KB |
Historical_M21-1III_v_4_SecE_12-14-18.docx | May 16, 2019 | 60 KB |
in Chapter 4 Elections, Waivers, and Recoupments, Part III General Claims Process, Subpart v General Authorization Issues and Claimant Notification
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