M21-1 Manual / Part VII, Subpart i, Chapter 1, Section C
Adjusting Awards for Dependents
M21-1, Part VII, Subpart i, Chapter 1, Section C
Overview
In This Section | This section contains the following topics:
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1. Additional Compensation for Dependents
Introduction | This topic contains information on additional compensation for dependents, including
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Change Date | March 21, 2024 |
VII.i.1.C.1.a. Initial Screening of a Claim for Additional Compensation for a Dependent(s) that Is Pending Concurrent With a Rating EP | When a claim for additional compensation for a dependent(s) and a claim for service connection (SC) and/or a higher disability evaluation are concurrently pending, claims processors must
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VII.i.1.C.1.b. Promulgating a Rating Decision That Renders a Veteran Eligible for Additional Compensation for Dependents | When promulgating a rating decision that assigns an overall SC disability evaluation of at least 30 percent to a Veteran whose overall SC disability evaluation prior to the rating decision was less than 30 percent, follow the instructions in the table below.
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VII.i.1.C.1.c. Promulgating the Rating Decision When No Claim for Additional Compensation for a Dependent(s) Is Pending | When promulgating the rating decision referenced in M21-1, Part VII, Subpart i, 1.C.1.b, follow the instructions in the table below when no claim for additional compensation for a dependent(s) is pending, but the evidence of record suggests the Veteran has a dependent(s).
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VII.i.1.C.1.d. Promulgating the Rating Decision When a Claim for Additional Compensation for a Dependent(s) Is Pending But Entitlement Cannot Be Granted | When promulgating a rating that assigns an overall SC disability evaluation of at least 30 percent to a Veteran whose overall SC disability evaluation prior to the rating decision was less than 30 percent, follow the instructions in the table below when
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VII.i.1.C.1.e. Notification Requirements That Apply Each Time the Rating Activity Assigns an Overall SC Disability Evaluation of at Least 30 Percent | Each time the rating activity assigns to a Veteran an overall SC disability evaluation of at least 30 percent,
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VII.i.1.C.1.f. Using RADL to Generate a Decision Notice | When RADL is used to prepare notification of the types of rating decisions discussed in M21-1, Part VII, Subpart i, 1.C.1.e, the application automatically inserts standardized text that notifies the Veteran of
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2. Determining the Proper Effective Date of Entitlement to Additional Compensation for Dependents
Introduction | This topic contains instructions for determining the proper effective date of entitlement to additional compensation for dependents, including
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Change Date | February 15, 2022 |
VII.i.1.C.2.a. Granting Additional Compensation for Dependents Effective the Date of a Life Event, the Date of Claim, or the Date Dependency Arose | If a Veteran with an overall SC disability evaluation of at least 30 percent submits a claim for additional compensation for a dependent solely because dependency arose or the Veteran experienced a life event, such as a marriage or birth (not in response to the rating decision notice referenced in M21-1, Part VII, Subpart i, 1.C.1), grant entitlement (if entitlement exists) effective the date shown in the table below.Exception: Disregard the text in the center column of the table below that reads “the Veteran responded within one year to VA’s request for any additional evidence/information it requires to establish entitlement” if
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VII.i.1.C.2.b. Example: Granting Entitlement to Additional Compensation for a Dependent Effective the Date of a Life Event | Scenario:
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VII.i.1.C.2.c. Rating Decisions That Render a Veteran Eligible for Additional Compensation for Dependents | When entitlement to additional compensation for a dependent(s) is granted concurrent with promulgation of a rating decision that assigns an overall SC disability evaluation of at least 30 percent to a Veteran whose overall SC disability evaluation prior to the rating decision was less than 30 percent (as described in M21-1, Part VII, Subpart i, 1.C.1.b), the effective date is the later of the following dates:
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VII.i.1.C.2.d. Handling Responses to the Rating Decision Notices Referenced in M21-1, Part VII, Subpart i, 1.C.1 That VA Receives Within One Year | If a Veteran responds to one of the rating decision notices referenced in M21-1, Part VII, Subpart i, 1.C.1 within one year by providing the evidence, information, and/or forms VA requires to grant entitlement to additional compensation for a dependent(s), the effective date of entitlement is the laterof the following dates:
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VII.i.1.C.2.e. Effect of Sharp v. Shinseki on the Assignment of Effective Dates | As a result of an October 15, 2009, decision by the Court of Appeals for Veterans Claims in Sharp v. Shinseki, 23 Vet.App. 267 (2009), claims processors must apply the effective date policy described in M21-1, Part VII, Subpart i, 1.C.2.d, even if the disability evaluation of the Veteran referenced in M21-1, Part VII, Subpart i, 1.C.1.e, was at least 30 percent before VA made the rating decision referenced in that block. Prior to the decision in Sharp v. Shinseki, if a Veteran failed to provide evidence/information about dependent(s) within one year of the date VA initially requested it (following assignment of the initial disability evaluation of 30 percent or greater), VA granted entitlement to additional compensation for the dependent(s) from an effective date that was no earlier than
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VII.i.1.C.2.f. Handling Responses to the Rating Decision Notices Referenced in M21-1, Part VII, Subpart i, 1.C.1 That VA Receives After the One-Year Time Limit | If a Veteran waits one year or more after the date of the rating decision notice referenced in M21-1, Part VII, Subpart i, 1.C.1 to provide the evidence, information, and/or forms VA requires to grant entitlement to additional compensation for the dependent(s), the effective date of entitlement may be no earlier than the date VA receives the response, unless
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VII.i.1.C.2.g. Examples: Granting Entitlement to Additional Compensation for a Dependent Following Notification of Potential Entitlement | Scenario 1: VA awards a combined disability evaluation of 30 percent to a Veteran effective April 21, 2011, and notifies him of potential entitlement to additional compensation for dependents on May 1, 2011. The Veteran forgets to inform VA that he is currently married. The Veteran has no interaction with VA until June 15, 2016, when he discovers the May 1, 2011, 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 submits an online application that shows he first married in August 13, 1998, and remains married to the same person. Action: Grant entitlement to additional compensation for a spouse effective June 15, 2016. Scenario 2: On November 11, 2019, VA rates the same Veteran totally disabled based on IU effective September 18, 2013. Action: Retroactively grant entitlement to additional compensation for a spouse effective September 18, 2013. |
VII.i.1.C.2.h. 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
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VII.i.1.C.2.i. Examples: Selecting an Appropriate Effective Date When Granting Entitlement to Additional Compensation for a Same-Sex Spouse | The table below contains examples of the policies expressed in M21-1, Part VII, Subpart i, 1.C.2.h.
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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 15, 2022 |
VII.i.1.C.3.a. Providing Notice of an Award Adjustment | Notify a beneficiary of any adjustment VA makes to the award because of a change in the status of a dependent. Important:
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VII.i.1.C.3.b. Effect of Separation or Estrangement | Separation or estrangement does not affect disability compensation awards unless
References: For more information on
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VII.i.1.C.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:
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VII.i.1.C.3.d. Processing Notice of a Change in the Status of a Parent or Schoolchild | Use the table below for processing notice of a change in the state of a parent or schoolchild.
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VII.i.1.C.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. |
VII.i.1.C.3.f. Example: Adjustment of a Child’s Award and Notification | Situation:
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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 | May 16, 2022 |
VII.i.1.C.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 a custodian provides VA with the evidence or information that triggers a reduction or discontinuation of benefits. Reference: For more information on the circumstances under which a notice of proposed adverse action is required, see M21-1, Part I, Subpart i, 1.B.2.a. |
VII.i.1.C.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 if the reduction or discontinuance is due to the loss of a
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VII.i.1.C.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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VII.i.1.C.4.e. 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:
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VII.i.1.C.4.f. 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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VII.i.1.C.4.g. 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:
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Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part VII, Subpart i, Chapter 1, Section C (U.S. government work, reproduced for reference). Browse all sections →