Learn about the importance of adding dependents for veterans, who can be claimed as dependents, and the process of establishing dependency for compensation and pension claims. Find out why adding dependents can lead to extra compensation or pension benefits and the types of dependents that qualify. Discover the roles of service officers in adding dependents and the evidence needed to prove dependency. Gain insights into effective dates, loss of dependents, apportionments, periodic reviews, and the difference between derived and independent benefits for dependents.
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TOPICS OF DISCUSSION Why we add dependents Who can be claimed as a dependent Dependency in compensation and pension claims The service officer s role in establishing dependents How to add dependents Evidence that may be needed to prove dependency Effective Dates Loss of a Dependent Apportionments Periodic Reviews Derived v. Independent benefits for Dependents 2
WHY WE ADD DEPENDENTS Veterans can receive extra compensation or pension based on the number and type of dependents. Establishing dependency can assist in future claims, as the dependent will not have to re-prove their relationship to the veteran, and processing of an educational or survivors claim can proceed more quickly. When being added to an award of compensation or pension, the dependents themselves have no independent entitlement to the benefit, it is added to the veteran s award 3
WHO CAN BE A DEPENDENT? Spouse: Person married to the veteran through a recognized legal or religious ceremony. Common law marriages are recognized if they were valid under the law at the time of the marriage. 38 CFR 3.1(j) defines marriage as a marriage valid under the law of the place where the parties resided at the time of marriage, or the law of the place where the parties resided when the right to benefits accrued. If a legal marriage cannot be established, then the spouse cannot be recognized as a dependent for a living veteran. However, for survivor benefits there is a process to deem the marriage valid in certain cases. 4
WHO CAN BE A DEPENDENT? Child: 38 CFR 3.57 defines a child of the veteran as an unmarried person under the age of 18 who is a legitimate child, a child legally adopted before the age of 18 years, an unmarried stepchild who acquired that status before the age of 18 years and who is a member of the veteran's household or was a member of the veteran's household at the time of the veteran's death, or an unmarried illegitimate child. 5
WHO CAN BE A DEPENDENT? School Age Child: a child of a veteran who is between the ages of 18- 22, unmarried and attending school full time. Verification of school attendance must be sent to VA using the VA Form 21-674 Request For Approval Of School Attendance . *Note that if a veteran is rated 100% P&T, the child may be eligible for Dependents Education Assistance (DEA) benefits (discussed later). Only DEA or dependent benefits may be received, not both, so be sure the veteran is aware of any DEA application, or the veteran may end up owing a debt to VA. 6
WHO CAN BE A DEPENDENT? Helpless Child: a child of a veteran who is over the age of 18 and who, prior to reaching the age of 18, is found to be permanently incapable of self-support because of physical or mental disability and is unmarried. Medical evidence is required to add a helpless child to an award. The child can be added to the award regardless of age as long as the medical evidence shows that the child was deemed helpless prior to the age of 18. Grand-children may NOT be recognized as dependents unless formally adopted by the veteran or surviving spouse, even if they are living with and totally dependent upon the veteran for support. They may be recognized if the veteran has custody pending final adoption, but must have court documents showing that arrangement. 7
WHO CAN BE A DEPENDENT? Parent(s): 38 CFR 3.59 defines "parent" as a natural mother or father (including the mother of an illegitimate child or the father of an illegitimate child if the usual family relationship existed), mother or father through adoption, or a person who for a period of not less than 1 year stood in the relationship of a parent to a veteran at any time before his or her entry into active service. This definition is only for purposes of adding a dependent parent to a veteran s award It is important to note that only one of each parental line (father and mother) can be recognized in any one case. 8
DEPENDENCY AND COMPENSATION BENEFITS In order for dependents to be a factor in compensation cases, the veteran must have a combined service connected evaluation of at least 30%. 38 CFR 3.4(b)(2). Veterans rated at less than 30% are not entitled to additional benefits for dependents, unless in receipt of pension. 9
DEPENDENCY AND COMPENSATION BENEFITS Spouse: Once established as legal spouse, the veteran can receive additional compensation benefits for the spouse even if they don t live together. If they are separated, the veteran must know of the whereabouts of the spouse in order to notify the VA of the death or divorce should it occur. If the whereabouts of the spouse are unknown, additional benefits are not payable. A higher rate of dependent benefits may be added to the veteran s award if the spouse is disabled and requires Spousal aid and attendance (even if the spouse is not a veteran). Must complete and submit VA Form 21-2680. 10
DEPENDENCY AND COMPENSATION BENEFITS Child: Once established as the child of the veteran, additional compensation benefits are payable whether or not the child resides with the veteran. Child custody is irrelevant, but as in the case of the spouse, the veteran must know of the whereabouts of the child in order to report changes of status to VA. Parent(s): Once the relationship has been established, the parent(s) must then be found to be dependent upon the veteran for support. In this context, dependency can be established either by the income of the parent(s) or by contributions towards their support by the veteran. 11
DEPENDENCY AND PENSION BENEFITS As with compensation cases, keep in mind that the dependents in pension cases have no independent entitlement to pension benefits. Spouse: If the veteran is to receive additional pension benefits for a spouse, they must live together. If they do not, then the veteran must becontributing to the spouse s support. Spousal income is included in countable income for benefit calculation unless it is found that the spousal income is not available to the veteran because of separation. 12
DEPENDENCY AND PENSION BENEFITS Child: Similar to the spouse; the child must live with the veteran or, if not, the veteran must becontributing to the child s support. The child s income is included in countable income for benefit calculation unless the child is not in the veteran s household and the child s income is found to be unavailable to the veteran. Parent(s): There is no provision for additional pension benefits for parents. However, if the veteran is paying for the parent(s) s medical expenses, they can be used to reduce countable income in the same fashion as if they were the veteran s. 13
DEPENDENCY EFFECTIVE DATES On original claims, if the dependents are listed on the application, they will be included from the effective date of the award, if eligible. If the veteran s compensation increases to an evaluation that includes additional benefits for dependents, the veteran has one year from the rating decision to furnish dependent information to have the dependents added from the date of the increase. Otherwise, the dependents will be added from the date the evidence is received. 38 CFR 3.401(b) 14
DEPENDENCY EFFECTIVE DATES If the veteran has a new dependent, such as the birth of a child or marriage, he/she has one year from the date of the event to notify the VA and the benefit will be adjusted from the date of the event. If the evidence is received more than one year after the event, the benefit will be adjusted from the date of the receipt of evidence. 38 CFR 3.401 15
LOSS OF A DEPENDENT Generally speaking, if a reduction in benefits is required due to the loss of a dependent, they will be removed at the end of the month in which the event occurs. For example, if the veteran s divorce becomes final in June, the spouse will be removed from the award effective July 1. Note that if the veteran was being paid for a spouse and stepchildren as a result of the marriage, the stepchildren will be removed as dependents when the spouse is removed, unless the stepchild remains in the veteran s custody and household. 16
LOSS OF A DEPENDENT Failure to timely report the loss of a dependent is one of the greatest sources of overpayments in VA benefits. Service officers should stress the importance of timely reporting if the situation with dependents changes. The loss of a dependent can be processed by submitting a new 686c with Page 10 and/or Page 11 completed or by using eBenefits. VBA must be notified Because this would reduce the veteran s payment, the service officer cannot submit a request to remove dependents without the veteran s signature. 17
APPORTIONMENTS Veterans dependents can, under certain circumstances, request an apportioned share of the veteran s benefits be paid directly to them. In most cases, the request for apportionment will be based on the (claimed) non-support of the apportionee by the veteran. Factors affecting the amount of the benefit apportioned (assuming that the claim for apportionment is granted) include: 1) Demonstrated need on the part of both parties, 2) the total amount of the benefit payable, and 3) the financial resources of both parties. 18
APPORTIONMENTS Remember that the benefits belong to the veteran and are paid to him/her as compensation for disabilities incurred in association with active military service; dependents do not have an inherent right to the benefits. An apportionment will not be granted if doing so will cause a hardship for the veteran. Apportionments can never be established merely for convenience, such as child support or alimony payments, and decisions on alimony or child support made in a court of local jurisdiction are not binding on the VA. 19
EVIDENCE THAT MAY BE REQUIRED For VA benefit purposes, to establish a dependent, you must have three things: Detailed information of the event Detailed information of the relationship Social Security number, Individual Taxpayer Identification Number, or Naturalization Papers for each dependent 20
EVIDENCE THAT MAY BE REQUIRED 38 CFR 3.204:VA will generally accept the veteran s sworn statement alone to establish dependency so long as the statement does not conflict with other evidence of record. Evidence that may be needed to establish marriage, age, relationship or death are listed in 38 CFR 3.205 3.211 Marriage: Veteran states that he/she is married Provides the date (at least month and year) of the marriage Provides place of marriage (city and state) Spouses full name Date of birth The Social Security number (SSN) of the spouse VA should recognize the dependent and add the spouse to the award without requesting documentation. 21
EVIDENCE THAT MAY BE REQUIRED Child: If the veteran states that he/she has a child, provides the date and place of birth, the child s full name and child s SSN, VA should recognize the child and add the child to the award without requesting additional documentation or evidence. Situations involving step-children or adopted children routinely require the submission of birth certificates or adoption papers before VA will recognize the dependent. Parent: In order to recognize a parent as a dependent, VA requires a copy of the veteran s birth certificate or adoption paperwork that clearly shows the names of both parents. 22
EVIDENCE THAT MAY BE REQUIRED Spouse: In cases other than a standard legal or religious marriage, VA may require documentation and sometimes additional evidence before the dependent can be recognized. (naturalization papers, sworn statements, tax records etc.) In simple cases of divorce, the veteran s statement that provides the date (at least month and year) and place (city and state) of the divorce will be accepted as proof of the event. 23
EVIDENCE THAT MAY BE REQUIRED In complex cases of multiple marriages/divorces on the part of the veteran and/or current spouse, copies of divorce decrees or orders of annulment may be required by VA before dependency can be established. In death cases, VA can deem the marriage of a surviving spouse valid following development if the marriage to the veteran can be shown and the surviving spouse was unaware of any prior marriages of the late veteran. 24
EVIDENCE THAT MAY BE REQUIRED Keep in mind that VA reserves the right to request documentation of dependency if VA finds conflicting evidence, unclear statements, or any other situation where it feels that documentation is warranted. Inconsistency in reporting dependents causes red flags to go up. If the veteran is claiming Sally as his spouse, and the claims file shows he is married to Jane , you can be assured that demands for documentation will follow VA needs to know that the prior marriage was dissolved BEFORE the current marriage began. If the veteran can t give you complete dates/places/SSNs, ask for documentation; you can be assured that VA will need them. 25
THE SERVICE OFFICERS ROLE IN DEPENDENCY CLAIMS Dependency is an issue in nearly every VA claim and should be a routine part of your interview with the claimant. Even if you are certain the veteran will not receive the required 30% rating needed to receive additional benefits, you should still submit dependency paperwork at the time of filing if possible. 26
HOW TO ADD DEPENDENTS TO A CLAIM Dependents can be added to a claim in the following ways: Complete the VA Form 21-686c Application to Add and/or Remove Dependents and turn it into the VARO/submit through Direct Upload or fax to centralized mail Have the veteran apply through eBenefits Use the Stakeholder Enterprise Portal (SEP) 27
COMPLETING THE 686c When filling out the 686c be sure to pay attention to what information the form is asking for and follow the instructions completely. Though it looks intimidating, if you follow the instructions you will be ok. For instance Block 12A asks if your spouse is a veteran, if yes complete 12B & 12C. What do you do if the answer is no? All marriages of the veteran and spouse must be included in order to receive dependent benefits. What can you do if the veteran doesn t know this information? 28
COMPLETING THE 686c Block 13A asks if you live with your spouse, if the veteran is a geographical bachelor, select yes. If the veteran has more marriages than spaces on the form you can put the additional marriages on a 21-4138 Statement in Support of Claim but be sure to write that this is a continuation of the 686c If the veteran has more children than space available use the addendum form (Page 12 of the 686c) 29
PERIODIC REVIEWS At any time VA may send a letter to the veteran requesting that the veteran verify the status of their dependents This usually happens approximately every 7 years If the veteran fails to respond, VA will remove the dependents effective the date they were added or last verified whichever is later and create an overpayment If the veteran responds within one year of the removal of dependents with evidence of continued dependency, they will be re-added and the overpayment will be cancelled 30
DERIVED DEPENDENT BENEFITS If a veteran is rated 100% permanently and totally disabled due to a service connected disability, or is adjudicated to have died of a service connected disability, Chapter 35 benefits are granted. These benefits include: Dependents Educational Assistance (DEA) VA Form 22-5490 Up to 36 months of entitlement Similar to the Post 911 GI bill See www.GIBILL.va.gov for current rates and eligibility Commissary Card Allows dependents access to military commissaries Dependent Healthcare through ChampVA 31
INDEPENDENT DEPENDENT BENEFITS There are currently only two independent dependent benefits, meaning the dependent is entitled to the benefit in their own right without having veteran status: 1. Monetary benefits, Healthcare, and Vocational Rehabilitation Benefits for Birth Defects due to the biological veteran parent s exposure to Agent Orange/herbicides during the Vietnam War Child must have been born after the veteran s service in an exposed location Child may be of any age and does not need to be helpless Veteran parent(s) character of discharge does not matter 38 CFR 3.814,3.815, & PL 116-23 32
INDEPENDENT DEPENDENT BENEFITS 2. Reimbursement of healthcare costs for 15 medical conditions related to exposure to contaminated water at Camp LeJeune, for family members who lived in the Camp LeJeune area with the veteran for 30 days or more between August 1953 and December 1987 Does not have to be a current dependent, just a dependent at time of exposure (can be ex-spouse, adult child) VA does not provide health care, just reimbursement for expenses paid by dependent More information: https://www.va.gov/disability/eligibility/hazardous-materials- exposure/camp-lejeune-water-contamination/ 38 CFR 17.410 33
FINAL THOUGHTS Even if a veteran notifies a VHA facility of a change in dependency, the veteran must still notify VBA as well. The veteran has one year from a change in status to add a dependent in order to get the maximum effective date. Though not always required, Divorce Decrees, Marriage Licenses, and Birth Certificates are always good to submit with the compensation or pension claim. Make sure you stress that they need to keep the VA informed of dependency changes. Nobody wants an overpayment. If already in receipt of benefits, it is usually easier for the veteran to notify the VA of changes using eBenefits. 34
If you have any questions regarding this topic, please email them to the DSO Helpdesk at DSOHelpdesk@vfw.org. When sending a question, please title your email as: Virtual Basic Training Question
