--- title: "Part VII, Subpart i, Chapter 1, Section C Adjusting Awards for Dependents" document: "M-21-1" section: "Part VII, Subpart i, Chapter 1, Section C" canonical: "https://veteranai.co/va-regulations/m21-1/vii.i.1.c-adjusting-awards-for-dependents" source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000176615/M21-1-Part-VII-Subpart-i-Chapter-1-Section-C-Adjusting-Awards-for-Dependents" updated: "2026-09-07T14:37:26.842871Z" --- 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 * follow the instructions in [M21-1, Part VII, Subpart i, 1.A.5.b](), and * process the claim for additional compensation for the dependent(s) without waiting for completion of the rating decision if the Veteran already has an overall service-connected (SC) combined disability evaluation of at least 30 percent. ### 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.| **Step**| **Action** 1| Does the evidence of record indicate the Veteran has a dependent(s)? * If _yes_ , go to Step 3. * If _no_ , go to the next step. 2| * When notifying the Veteran of the rating decision, * inform the Veteran of potential entitlement to additional compensation for dependents, and * provide a hyperlink to the form(s) the Veteran must submit to claim the additional compensation. * Disregard the remaining step in this table. **Note:** As indicated in M21-1, Part VII, Subpart i, 1.C.1.f, the required elements of the decision notice referenced in this step are automatically included in Redesigned Automated Decision Letters (RADL)-generated decision notices. 3| Follow the instructions in the table below. | **If …**| **Then …** no claim for additional compensation for the dependent(s) is currently pending| follow the instructions in M21-1, Part VII, Subpart i, 1.C.1.c. * a claim for additional compensation for a dependent(s) is pending * the claim is controlled under end product (EP) 130, and * the rating decision is **_not_** being promulgated by one of the regional offices (ROs)/restricted access claim centers (RACCs) identified in [M21-1, Part II, Subpart ii, 3.1.b](), in connection with a special mission or under a special circumstance * close all tracked items associated with the pending EP 130 _unless_ the suspense date has not yet expired and the requested evidence has not been received * notify the claimant in the decision notice that the claim for additional compensation for a dependent(s) will be addressed in a separate decision notice, and * take no further action. **Note:** The action described in this step initiates transfer of the pending EP 130 for processing. * a claim for additional compensation for a dependent(s) is pending * the claim is controlled under EP 130, and * one of the ROs/RACCs identified in [M21-1, Part II, Subpart ii, 3.1.b](), is promulgating the rating decision in connection with a special mission or under a special circumstance | add the dependent(s) to the Veteran’s award (under the rating EP) concurrent with promulgation of the rating decision. **Note:** Follow the instructions in M21-1, Part VII, Subpart i, 1.C.1.d, if the criteria for granting entitlement to additional compensation for a dependent has **_not_** been met. * a claim for additional compensation for a dependent(s) is pending, and * the claim is **_not_** controlled under EP 130 (because, for example, an EP 010 or 110 is concurrently pending) **Important:** If the Department of Veterans Affairs (VA) received the claim that triggered the rating decision referenced in this block on or after March 24, 2015, the claim for additional benefits for a dependent(s) that is referenced in M21-1, Part VII, Subpart i, 1.C.1.c and d, **_must_** have been filed on a prescribed form. _ _ There is no such requirement if VA received the claim that triggered the rating decision _prior_ to March 24, 2015, which represents the date VA began requiring claimants to submit claims on a prescribed form.) **Reference:** For more information on prescribed forms, see [M21-1, Part II, Subpart iii, 1.A.1.a](). ### 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). | **If the Veteran ...**| **Then …** has **_never_** filed a claim for additional compensation for the dependent(s)| * attempt to contact the Veteran by telephone for the purpose of completing _[VA Form 21-686c, Application Request to Add and/or Remove Dependents]()_ , and/or [_VA Form 21-674, Request for Approval of School Attendance_](), on the Veteran’s behalf * follow the instructions in the table below. | **If the telephone contact …**| **Then …** results in receipt of the information needed to add the dependent| award additional compensation for the claimed dependent(s) concurrent with promulgation of the rating decision. does not result in receipt of the information needed to add the dependent| take no further action, except to * promulgate the rating decision, and * follow the instructions in **_Step 2_** of the table in M21-1, VII, Subpart i, 1.C.1.b. * previously filed a claim for additional compensation for the dependent(s), and * information VA requires to grant entitlement to additional compensation for the dependent(s) is **_not_** of record ** _Note_** : The “information” referenced in this cell might include the information a completed _[VA Form 21-674]()_ contains.| * attempt to obtain the missing information by telephone, and * follow the instructions in the table below. | **If the telephone contact …**| **Then …** results in receipt of the information needed to add the dependent| award additional compensation for the claimed dependent(s) concurrent with promulgation of the rating decision. does not result in receipt of the information needed to add the dependent| instruct the Veteran in the decision notice to provide the missing information. **Exception:** Do _**not**_ attempt to obtain the missing information by telephone if * the Veteran filed the previous claim for additional compensation for a dependent(s) on a September 2018 or later version of [_VA Form 21-686c_](), and * the form specifically asks the Veteran to provide the information that is missing. _**Note**_ : If the Veteran responds to the decision notice referenced in this cell by providing the missing information, it must be accompanied by a [_VA Form 21-686c_](). If it is _not_ , treat the Veteran’s response as a request for application, according to the instructions in [M21-1, Part II, Subpart iii, 2.G.1](). * previously filed a claim for additional compensation for the dependent(s), and * evidence/information * VA requires to grant entitlement **_is_** of record, and * regarding the status of the dependent(s) is _**less than**_ eight years old (as explained in [M21-1, Part VII, Subpart i, 1.A.5.c]()) | award additional compensation for the claimed dependent(s) concurrent with promulgation of the rating decision._**Note**_ : The claim for additional benefits for a dependent(s) must have been filed on a prescribed form if VA received the claim that triggered the rating decision referenced in this block on or after March 24, 2015. There is no such requirement if VA received the claim that triggered the rating decision prior to March 24, 2015. * previously filed a claim for additional compensation for the dependent(s), and * evidence/information VA requires to grant entitlement **_is_** of record, but information regarding the status of the dependent(s) is _**more than**_ eight years old (as explained in [M21-1, Part VII, Subpart i, 1.A.5.c]()) * attempt to verify the current status of the Veteran’s dependent(s) by telephone, and * follow the instruction in the table below. | **If the telephone contact …**| **Then …** results in receipt of information necessary to add the dependent| award additional compensation for the claimed dependent(s) concurrent with promulgation of the rating decision. does not result in receipt of information necessary to add the dependent| instruct the Veteran in the decision notice to verify the status of dependent(s) by completing and returning _[VA Form 21-686c]()_. * previously filed a claim for additional compensation for the dependent(s), and * _documentary evidence_ , such as a birth or marriage certificate, that VA requires to grant entitlement to additional compensation for the dependent(s) is not of record | instruct the Veteran in the decision notice to provide the missing evidence. **Notes:** * Because of inherent delays in receiving documentary evidence claims processors request by telephone, telephone development is not in order in this situation. * If the Veteran responds to the decision notice referenced in this cell by providing the missing evidence, it must be accompanied by _[VA Form 21-686c]()_. If it is _not_ , treat the Veteran’s response as a request for application, according to the instructions in [M21-1, Part II, Subpart iii, 2.G.1](). previously filed a claim for additional compensation for an individual that lacks the status of a dependent for VA purposes, and VA * has never addressed that specific claim (for the reason expressed in [M21-1, Part VI, Subpart i, 1.B.1.i]()), or * denied the claim for reasons **_other than_** the individual’s lack of status as a dependent (because, for example, the Veteran’s disability evaluation was less than 30 percent at the time) **Examples:** The claimed individual is * a parent that is not financially dependent on the Veteran, or * a grandchild the Veteran has not adopted. | notify the Veteran in the decision notice of the reason(s) VA could not recognize the individual as a dependent. **Important:** * Do **_not_** maintain EP control for return of the evidence/information/forms referenced in the table above. * When telephone contact with the Veteran results in receipt of information needed to establish the dependent, follow the procedures in [M21-1, Part VII, Subpart i, 1.A.4.b]() to determine proper EP control for the addition of the dependent(s). **Reference:** For more information on documenting attempts to contact a Veteran by telephone, see [M21-1, Part III, Subpart i, 2.D.1.e](). ### 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 * a claim for additional compensation for a dependent(s) is concurrently pending * the criteria for granting entitlement to additional compensation for one or more of the claimed dependents have _not_ been met, and * _either_ of the following is true: * the claim is _not_ controlled with an EP 130 (because, for example, an EP 010 or 110 is concurrently pending), or * one of the ROs/RACCs identified in [M21-1, Part II, Subpart ii, 3](), is promulgating the rating decision in connection with a special mission or under a special circumstance. | **If the Veteran ...**| **Then …** * filed the claim on a September 2018 or later** __** version of _[VA Form 21-686c]()_ , and * failed to provide all the evidence/information the form requires the Veteran to provide * deny entitlement to additional compensation for any dependent for whom the Veteran failed to provide all the evidence/information the form requires, and * follow the instructions in **_Step 7_** of the table in [M21-1, Part VII, Subpart i, 1.A.5.g](), for notifying the Veteran. filed the claim on a September 2018 or later** __** version of _[VA Form 21-686c]()_ , **_but_** * evidence/information VA requires to grant entitlement to additional compensation for the dependent(s) is missing, and * the form does **_not_** specifically ask the Veteran to provide the evidence/information | follow the instructions in the * ** _third_**(next) row of this table, if _information_ VA requires to grant entitlement is missing, or * ** _fourth_** row of this table, if _documentary evidence_ VA requires to grant entitlement is missing. * filed the claim using a form **_other than_** a September 2018 or later** __** version of _[VA Form 21-686c]()_ , and * failed to provide all the _information_ VA requires to grant entitlement to additional compensation for the dependent(s) **Note:** The “information” referenced in the second bullet of this cell might include the information a completed _[VA Form 21-674]()_ contains.| attempt to obtain the missing information by telephone. If this action is unsuccessful, * deny entitlement to additional compensation for any dependent for whom the information VA requires to grant entitlement is missing, and * follow the instructions in **_Step 7_** of the table in [M21-1, Part VII, Subpart i, 1.A.5.g](), for notifying the Veteran. * filed the claim using a form **_other than_** a September 2018 or later** __** version of _[VA Form 21-686c]()_ , and * failed to provide _documentary evidence_ , such as a birth or marriage certificate, that VA requires to grant entitlement to additional compensation for the dependent(s) * deny entitlement to additional compensation for any dependent for whom the documentary evidence VA requires to grant entitlement is missing, and * follow the instructions in **_Step 7_** of the table in [M21-1, Part VII, Subpart i, 1.A.5.g](), for notifying the Veteran. **Notes:** * Because of inherent delays in receiving documentary evidence claims processors request by telephone, telephone development is not in order in this situation. * Ensure all necessary development indicated in [M21-1, Part VII, Subpart i, 1.A]() is complete. claimed entitlement to additional compensation for an individual that lacks the status of a dependent for VA purposes **Examples:** The individual is * a parent that is not financially dependent on the Veteran, or * a grandchild the Veteran has not adopted. * deny entitlement to additional compensation for the individual, and * notify the Veteran in the decision notice of the reason(s) VA could not recognize the individual as a dependent. **Note:** Ensure all necessary development indicated in [M21-1, Part VII, Subpart i, 1.A]() is complete. **Important:** If a Veteran indicates an **_inability_** to provide documentary evidence of a life event (birth, marriage, death, divorce), VA has an obligation to assist the claimant in obtaining such evidence by sending a request to the appropriate records custodian. **References:** For more information on * requesting documentary evidence of a life event from custodians of public records, see [M21-1, Part III, Subpart i, 2.A.1.e](), and * documenting attempts to contact a Veteran by telephone, see [M21-1, Part III, Subpart i, 2 D.1.e](). ### 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, * include in the corresponding decision notice the appropriate paragraphs that inform the Veteran of the dependent(s) for whom compensation is being paid, and * notify the Veteran (in the decision notice) of potential entitlement to additional compensation for dependents (and provide the appropriate hyperlink to the form(s) the Veteran must submit to apply) **_unless_** * the decision notice already includes a request for evidence/information required to grant entitlement to additional compensation for a dependent(s), or * entitlement to additional compensation for a dependent(s) was granted or denied concurrent with promulgation of the rating decision that triggered the decision notice. **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 * increasing the disability evaluation of an existing disability or granting SC for a new disability (regardless of whether the combined disability evaluation changes) * granting entitlement to a total disability evaluation based on individual unemployability (IU) * granting entitlement to special monthly compensation, and/or * establishing an earlier effective date for an overall SC disability evaluation of 30 percent or greater. **Reference:** For more information on using RADL to provide Veterans with the notification described in this block, see M21-1, Part VII, Subpart i, 1.C.1.f. ### 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 * potential eligibility for additional compensation for dependents * the website where claimants may access forms for claiming the addition compensation, and * the opportunity to submit a claim for the additional compensation through VA claims-submission service websites. **Exception:** RADL does **_not_** insert the text referenced in the preceding paragraph into a decision notice if * the decision notice already includes a request for evidence, information, and/or a form required to grant entitlement to additional compensation for a dependent(s), or * VA granted or denied entitlement to additional compensation for a dependent(s) concurrent with promulgation of the rating decision that triggered the decision notice. Follow the instructions in the table below when * entitlement to additional benefits for a dependent is granted or denied, and/or * additional evidence, information, and/or a form(s) is required to grant entitlement to additional benefits for a dependent. | **Action**| **Means for Completing the Action** Notify the Veteran that entitlement to additional benefits for a dependent was granted.| Complete the fields on the RECORD DECISIONS – DEPENDENCY screen, to include the selection of entries in the AWARD STATUS and DECISION fields that reflect the decision to grant entitlement. Notify the Veteran that entitlement to additional benefits for a dependent was denied.| * Complete the fields on the DEPENDENCY tab in Share. * Complete the fields on the RECORD DECISIONS – DEPENDENCY screen, to include the selection of entries in the AWARD STATUS and DECISION fields that reflect the * decision to deny entitlement, and * favorable findings of fact. **Note:** If the Veteran failed to provide the information required to complete the fields on the DEPENDENCY tab in Share, enter as free text (during letter generation) the decision made and the reason for it. Notify the Veteran of the evidence considered.| List the evidence considered in the EVIDENCE field on the EVIDENCE LIST tab during letter generation. Request evidence, information, and/or a form required to grant entitlement to additional benefits for a dependent.| When EP 130 is * not pending, complete the applicable fields on the DEPENDENCY DEVELOPMENT tab during letter generation, or * pending, complete a development letter in the Veterans Benefits Management System (VBMS) asking for the information needed. **Important:** If a Veteran submitted a claim on a September 2018 or later version of _[VA Form 21-686c]()_ , do not undertake development to obtain missing evidence, information, and/or a form that _[VA Form 21-686c]()_ specifically asks the Veteran to provide. **_**_ _**_** _**Reference**_ : For more information on preparing decision notices using RADL, see * [M21-1, Part VI, Subpart i, 1.B.3](), and * the _VBMS Awards User Guide_. ## 2. Determining the Proper Effective Date of Entitlement to Additional Compensation for Dependents This topic contains instructions for determining the proper effective date of entitlement to additional compensation for dependents, including * granting additional compensation for dependents effective the date of a life event, the date of claim, or the date dependency arose * example of the granting of entitlement to additional compensation for a dependent effective the date of a life event * rating decisions that render a Veteran eligible for additional compensation for dependents * handling responses to the rating decision notices referenced in M21-1, Part VII, Subpart i, 1.C.1 that VA receives within one year * effect of _Sharp v. Shinseki_ on the assignment of effective dates * handling responses to the rating decision notices referenced in M21-1, Part VII, Subpart i, 1.C.1that VA receives after the one-year time limit * examples of the granting of entitlement to additional compensation for a dependent following notification of potential entitlement * effective date for granting entitlement to additional compensation based on a same-sex marriage, and * examples of selecting an appropriate effective date when granting entitlement to additional compensation for a same-sex spouse. 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 * the Veteran filed the claim on a September 2018 or later version of [_VA Form 21-686c_](), and * the form specifically asks the Veteran to provide the referenced evidence/information. **Rationale:** If, when submitting a September 2018 or later version of [_VA Form 21-686c_](), a Veteran fails to provide the evidence/information the form requires, claims processors must deny the claim _without_ undertaking any development. **Notes:** * If a Veteran responds to the denial referenced in the preceding paragraph by submitting _[VA Form 20-0995, Decision Review Request: Supplemental Claim]()_, along with the missing evidence/information, within one year of the date of the corresponding decision notice, the instructions in the third column of the table below apply. * Claims processors **_may_** undertake development when processing a September 2018 or later version of [_VA Form 21-686c_]() if the purpose is to * resolve inconsistencies or obtain clarification regarding the entries the Veteran made on the form, or * request evidence/information a September 2018 or later version of _VA_[ _VA Form 21-686c_]() __ does **_not_** specifically ask the Veteran to provide. | **If the claim is for additional compensation for a …**| **And …**| **Then grant entitlement effective the …** spouse| * VA received the claim within one year of the date the Veteran was married, and * the Veteran responded within one year to VA’s request for any additional evidence/information it requires to establish entitlement | date of marriage. * VA received the claim at least one year after the date the Veteran was married, and * the Veteran responded within one year to VA’s request for any additional evidence/information it requires to establish entitlement | the date VA received the claim, _unless_ VA has notified the Veteran of a subsequent rating decision within the past year, as discussed in M21-1, Part VII, Subpart i, 1.C.1.e. stepchild| * VA received the claim within one year of the date the * Veteran married the stepchild’s biological or adoptive parent, or * stepchild became a member of the Veteran’s household, if the child was _not_ a member of the Veteran’s household on the date of the marriage, and * the Veteran responded within one year to VA’s request for any additional evidence/information it requires to establish entitlement | the later of the following dates: * date the Veteran married the stepchild’s biological or adoptive parent, or * date the stepchild became a member of the Veteran’s household, if the child was _not_ a member of the Veteran’s household on the date of the marriage. * VA received the claim at least one year after the date the * Veteran married the stepchild’s biological or adoptive parent, or * stepchild became a member of the Veteran’s household, if the child was _not_ a member of the Veteran’s household on the date of the marriage, and * the Veteran responded within one year to VA’s request for any additional evidence/information it requires to establish entitlement | the date VA received the claim, _unless_ VA has notified the Veteran of a subsequent rating decision within the past year, as discussed in M21-1, Part VII, Subpart i, 1.C.1.e. biological child| * VA received the claim within one year of the child’s birthdate, and * the Veteran responded within one year to VA’s request for any additional evidence/information it requires to establish entitlement | date of the child’s birth. * VA received the claim at least one year after the child’s birthdate, and * the Veteran responded within one year to VA’s request for any additional evidence/information it requires to establish entitlement | the date VA received the claim, _unless_ VA has notified the Veteran of a subsequent rating decision within the past year, as discussed in M21-1, Part VII, Subpart i, 1.C.1.e. adopted child| * VA received the claim within one year of the date the Veteran adopted the child, and * the Veteran responded within one year to VA’s request for any additional evidence/information it requires to establish entitlement | date the Veteran adopted the child. * VA received the claim at least one year after the Veteran adopted the child, and * the Veteran responded within one year to VA’s request for any additional evidence/information it requires to establish entitlement | the date VA received the claim, _unless_ VA has notified the Veteran of a subsequent rating decision within the past year, as discussed in M21-1, Part VII, Subpart i, 1.C.1.e. parent| the Veteran responded within one year to VA’s request for any additional evidence/information it requires to establish entitlement| the **_later_** of the following dates: * date VA received the claim, or * date dependency arose (date the parent became financially dependent on the Veteran). **References:** For more information on establishing * a biological, adopted, or stepchild as a Veteran’s child for VA purposes, see [M21-1, Part VII, Subpart i, 3.B]() * the dependency of a parent, see [M21-1, VII, Subpart i, 4.B](), and * the effective dates discussed in this block, see * [38 CFR 3.401(b)](), and * [38 CFR 3.2500(h)](). ### VII.i.1.C.2.b. Example: Granting Entitlement to Additional Compensation for a Dependent Effective the Date of a Life Event ** _Scenario_** : * VA assigns a combined disability evaluation of 30 percent to a Veteran effective April 21, 2010, and notifies her of potential entitlement to additional compensation for dependents on May 1, 2010. * On August 12, 2011, VA receives a completed [_VA Form 21-686c_]() showing the Veteran gave birth to a baby girl on December 23, 2010. **Action:** Grant entitlement to additional compensation for the child effective December 23, 2010. ### 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: * effective date of the overall SC disability evaluation of at least 30 percent, or * date shown in the **_table_** in M21-1, Part VII, Subpart i, 1.C.2.d. **Notes:** * The policy expressed in the preceding paragraph is also for application when entitlement to additional compensation for a dependent(s) is granted based on a claim that was pending when the rating decision referenced in M21-1, Part VII, Subpart i, 1.C.1.b, was promulgated. * See [M21-1, Part VI, Subpart i, 1.A.2.b](), for an explanation of the difference between the effective date of _entitlement_ and the effective date of _payment_. **Reference:** For more information on the effective date of entitlement to additional benefits for dependents, see [38 CFR 3.401(b)](). ### 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 **_later_ **of the following dates: * effective date of the disability evaluation the rating activity assigned in the corresponding rating decision, or * date shown in the table below. **Exceptions:** * Assign an effective date in accordance with the provisions of [38 CFR 3.2500(h)]() if * the decision notice referenced in the preceding paragraph included a denial of entitlement to additional compensation for a dependent(s) because evidence VA requires to grant entitlement was missing, and * the Veteran submits _[VA Form 20-0995]()_ with the missing evidence/information. * Grant entitlement to additional compensation for a dependent **_effective the date shown in the table below_** if the * Veteran referenced in M21-1, Part VII, Subpart i, 1.C.1.e, had an overall SC disability evaluation of at least 30 percent **_before_** VA made the rating decision referenced in that block * effective date of entitlement to the **_first_** overall disability evaluation of at least 30 percent is the same as or prior to the date shown in the table below, and * Veteran’s response to the decision notice referenced in M21-1, Part VII, Subpart i, 1.C.1.e, includes a claim for additional compensation for a dependent that VA received within one year of the date referenced in the table below. | **Type of Dependent**| **Date** spouse| date of marriage stepchild| the **_later_** of the following dates: * date the Veteran married the stepchild’s biological or adoptive parent, or * date the stepchild became a member of the Veteran’s household, if the child was _not_ a member of the Veteran’s household on the date of the marriage biological child| child’s birthdate adopted child| date the Veteran adopted the child parent| date dependency arose (date the parent became financially dependent on the Veteran) **_ _** **Notes:** * The provisions of [38 CFR 3.401(b)]() govern the effective date of a Veteran’s entitlement to additional compensation for dependents. * See [M21-1, Part VI, Subpart i, 1.A.2.b]() for an explanation of the difference between the effective date of _entitlement_ and the effective date of _payment_. * M21-1, Part VII, Subpart i, 1.C.2.h contains additional instructions for determining the proper effective date for granting entitlement to additional compensation based on a same-sex marriage. **References:** For more information on * establishing a biological, adopted, or stepchild as a dependent for VA purposes, see [M21-1, Part VII, Subpart i, 3.B]() * establishing the dependency of a parent, see [M21-1, Part VII, Subpart i, 4.B](), and * the effective date of payment of additional compensation for a school child, see [M21-1, Part VII, Subpart ii, 1.B.1](). ### 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 * the date the Veteran eventually responded to the request, or * the date shown in the table in M21-1, Part VII, Subpart i, 1.C.2.d (if the Veteran notified VA within one year of that date). 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 * pension awards, or * subsequent rating decisions that only * confirm and continue (a) current disability evaluation(s), or * deny SC. **Reference:** For more information on granting entitlement to additional compensation for dependents from the effective date of a rating decision, see [38 CFR 3.401(b)(3)](). ### 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_ * within the past year, VA has notified the Veteran of a subsequent rating decision of the type described under the _Important_ sublabel in M21-1, Part VII, Subpart i, 1.C.1.e, or * the Veteran meets the requirements in M21-1, Part VII, Subpart i, 1.C.2.a, for granting entitlement to additional compensation for a dependent effective the date shown in the table in M21-1, Part VII, Subpart i, 1.C.2.d. ### 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 * at the time of the marriage, or * when the right to VA benefits accrued (which means the date the claimant became eligible for VA benefits or the date VA received the claim for VA benefits). On June 26, 2015, the Supreme Court ruled in _Obergefell v. Hodges_ that **_all_** states must * license a marriage between two individuals of the same sex, and * recognize a marriage between two individuals of the same sex when their marriage was lawfully licensed and performed out-of-state. 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 in [M21-1, Part VII, Subpart i, 2.A]()). 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 compensation based on a same-sex marriage. | **If ...**| **Then ...** a claim for additional compensation based on a same-sex marriage was pending or open as of September 4, 2013| assign an effective date (in accordance with the provisions of [38 CFR 3.401(b)]() and the other blocks in this topic) as if the laws that prohibited VA from recognizing same-sex marriages had never been in effect. **Reference:** For an example of the policy expressed in this row, see the first scenario discussed in M21-1, Part VII, Subpart i, 1.C.2.i. VA received a claim for additional compensation based on a same-sex marriage _after_ September 4, 2013| follow the instructions in the table below. | **If …**| **Then** **assign an effective date in accordance with the provisions of …** * the marriage at issue was performed _on or before_ September 4, 2013, and * VA received the claim within one year of the date of marriage | [38 CFR 3.401(b)]() and the other blocks in this topic. **Reference:** For an example of the policy expressed in this row, see the second scenario discussed in M21-1, Part VII, Subpart i, 1.C.2.i. * the marriage at issue was performed _on or before_ September 4, 2013, and * VA did **_not_** receive the claim within one year of the date of marriage | [38 CFR 3.401(b)]() or [38 CFR 3.114](), if doing so would be to the claimant’s advantage. **Important:** When assigning an effective date under the provisions of [38 CFR 3.114](), * do **_not_** assign an effective date that is earlier than September 4, 2013, and * do **_not_** assign an effective date that is earlier than one year prior to the date VA received the claim. **References:** * For more information on the application of [38 CFR 3.114](), see [M21-1, Part V, Subpart ii, 4.A.6](). * For an example of the policy expressed in this row, see the third and fourth scenarios discussed in M21-1, Part VII, Subpart i, 1.C.2.i. the marriage at issue was performed _after_ September 4, 2013| [38 CFR 3.401(b)]() and the other blocks in this topic.**Reference:** For an example of the policy expressed in this row, see the fifth scenario discussed in M21-1, Part VII, Subpart i, 1.C.2.i. **_ _** **Notes:** * The policies expressed in the table above apply regardless of whether or not the State in which the Veteran resided at the time of marriage, or at the time entitlement to additional compensation for a spouse arose, recognized same-sex marriages prior to the Supreme Court ruling. * If VA determines a Veteran is entitled to additional compensation for a same-sex spouse effective the date of entitlement to an overall SC disability evaluation of at least 30 percent, then VA subsequently assigns an overall SC disability evaluation of at least 30 percent _from an earlier effective date_ , grant entitlement to additional compensation for the spouse effective the **_later_** of the following dates, regardless of whether that date precedes September 4, 2013: * the _new_ effective date of the overall SC disability evaluation of at least 30 percent, or * the date of marriage. **References:** * For an example of the policy expressed in the preceding paragraph, see the sixth scenario discussed in M21-1, Part VII, Subpart i, 1.C.2.i. * For more information on VA’s recognition of same-sex marriages, see [_VBA Letter 20-15-16, Administration of Same-Sex Spousal Benefits_](). ### 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. | **Scenario**| **Circumstances**| **Result** 1| * A Veteran with a disability evaluation of 60 percent married his same-sex spouse on March 12, 2013. * The Veteran submitted a claim for additional compensation for his spouse on August 1, 2013. | Per [38 CFR 3.401(b)](), the Veteran is entitled to additional compensation for his spouse effective March 12, 2013. 2| * A Veteran with a disability evaluation of 60 percent married her same-sex spouse on March 12, 2013. * The Veteran submitted a claim for additional compensation for her spouse in January 2014. | Per [38 CFR 3.401(b)](), the Veteran is entitled to additional compensation for her spouse effective March 12, 2013. 3| * A Veteran with a disability evaluation of 60 percent married her same-sex spouse on February 8, 2012. * The Veteran submitted a claim for additional compensation for her spouse on January 1, 2014. | Per [38 CFR 3.114(a)](), the Veteran is entitled to additional compensation for her spouse effective September 4, 2013. 4| * A Veteran with a disability evaluation of 60 percent married his same-sex spouse on February 8, 2012. * The Veteran submitted a claim for additional compensation for his spouse on January 1, 2015. | Per [38 CFR 3.114(a)(3)](), the Veteran is entitled to additional compensation for his spouse effective January 1, 2014. 5| * A Veteran with a disability evaluation of 60 percent married her same-sex spouse on October 1, 2013. * The Veteran submitted a claim for additional compensation for her spouse on January 1, 2014. | Per [38 CFR 3.401(b)](), the Veteran is entitled to additional compensation for her spouse effective October 1, 2013. 6| * A Veteran married his same-sex spouse on February 8, 2012. * VA granted the Veteran’s original claim for disability compensation, with a combined disability evaluation of 40 percent, effective April 29, 2013. * The corresponding award included additional compensation for the Veteran’s spouse. * VA subsequently granted SC for a new disability that was evaluated as 30-percent disabling, effective October 3, 2011. | Under [_Sharp v. Shinseki_](), the Veteran is entitled to additional compensation for his spouse effective February 8, 2012. ## 3. Special Considerations When Making Award Adjustments for Dependents This topic discusses special considerations when making adjustments for dependents, including * providing notice of an award adjustment * effect of separation or estrangement * payment of compensation while a reduction is under consideration * processing notice of a change in the status of a parent or schoolchild * requirement to notify a child’s custodian, and * example of the adjustment of a child’s award and notification. 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:** * If a third party notifies VA of a change in the status of a beneficiary’s dependent that will require an adverse adjustment to the beneficiary’s award, provide a notice of proposed adverse action to the beneficiary before making the adjustment. * Notify Veteran Readiness and Employment (VR&E) Service of the change if the beneficiary is a Veteran receiving training under [38 U.S.C. Chapter 31](). * E-mail notice to the VR&E mailbox of the RO that has custody of the Veteran’s Counseling/Evaluation/Rehabilitation folder. * Include in the e-mail * the Veteran's name and claim number * the name of the dependent whose status has changed * an explanation of the reason for the change in status (such as death or divorce) * the date of the event that resulted in the change in status, and * the effective date of the corresponding award adjustment. * Upload a copy of the e-mail to the Veteran's electronic claims folder. _**_Example_**_ : The mailbox for the Salt Lake City RO’s VR&E office is [VAVBASLC/RO/VRE](). **References:** For more information on * preparing and issuing a notice of proposed adverse action, see [M21-1, Part X, Subpart ii, 3.A]() * making award adjustments in VBMS, see the _VBMS Awards User Guide_ , and * notifying a beneficiary of an adjustment to an award, see [M21-1, Part VI, Subpart i, 1.B](). ### VII.i.1.C.3.b. Effect of Separation or Estrangement Separation or estrangement does _not_ affect disability compensation awards _unless_ * the spouse files a claim for an apportionment, or * VA is paying the Veteran additional compensation for a stepchild(ren) whose biological or adoptive parent is the Veteran’s spouse. **Important:** * Separation and estrangement are both factors that affect entitlement to pension. * Although [38 CFR 3.204(a)(1)]() requires a beneficiary to provide the address of a child that does not live with the beneficiary, there is no regulatory requirement that a Veteran provide the address of a spouse from whom the Veteran is separated or estranged. _**References**_ : For more information on * apportionments, see [M21-1, Part VI, Subpart iv, 2.A](), and * the effect of separation or estrangement on a stepchild’s status, see [M21-1, Part VII, Subpart i, 3.B.6.h](). ### 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: * severance of SC under [38 CFR 3.105(d)](), or * a proposed reduction under [38 CFR 3.105(e)](). **Important:** The provisions of [38 CFR 3.501(g)(2)]() allow for payment of additional compensation for dependents until the actual severance/reduction occurs. ### 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. | **If the change in status is due to the …**| **See …** fact that a parent is no longer financially dependent| [M21-1, Part VII, Subpart i, 4.B.7](). unscheduled discontinuance of school attendance of a child over age 18| [M21-1, Part VII, Subpart ii, 1.B.4.c](). ### 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:** * A deceased Veteran’s first spouse reports that 16-year-old Lisa’s marriage has been annulled and asks that Lisa’s Dependency and Indemnity Compensation (DIC) payments as a child of the Veteran be reinstated. * Because of the annulment, payment to the child of the Veteran’s second marriage (Robert – payee 12) must be reduced to the rate payable for one of two children. **Result:** * Provide a notice of proposed adverse action to Robert’s custodian. * Continue payments at the higher rate until the first of the month following the month in which the due process period ends. (The due process period ends 60 days after the date of the notice of proposed adverse action.) * Retroactively reduce Robert’s award and create an overpayment at the end of the 65-day control period. **Notes:** * If Lisa’s marriage had been terminated by death or divorce, a reinstatement of DIC would **_not_** be in order. Under _Public Law 101-508_ , the marriage of a child is a permanent bar to entitlement to DIC. This provision does not apply when the marriage is annulled or declared void by a court of competent jurisdiction. * A notice of proposed adverse action is not required before making a retroactive payment of DIC to an additional child based on school attendance. * The child receives the “available difference” between the total amount payable for all children and the amount already paid for the existing children for the retroactive period. * The additional child is paid the full child’s rate effective the first of the month following the month for which VA last paid the beneficiary. **Reference:** For more information on the adjudication of claims based on school attendance, see [M21-1, Part VII, Subpart ii, 1.B](). ## 4. Award Adjustments Necessitated by the Loss of a Dependent This topic contains general information on adjustments necessitated by the loss of a dependent, including * when a notice of proposed adverse action to remove a dependent is not required * when the end-of-month rule * applies to the removal of a dependent from a beneficiary's award, and * does not apply to the removal of a dependent from a beneficiary's award * processing notice of the results of a paternity test * action to take if a beneficiary fails to provide information required to remove a dependent * information that is unique to changes in the status of children in receipt of DIC * award adjustment upon the death or marriage of a child * application of 38 CFR 3.551, and * handling a renouncement of the right to additional benefits for a dependent. 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 * spouse because of * divorce * a voided or annulled marriage, or * death, or * child because of * marriage * adoption * death, or * discontinuance of school attendance. **Important:** * The last day of the month in which the event took place that resulted in the loss of a dependent represents the **_last_** date benefits are payable to or for the dependent. For award-processing purposes, the first day of the following month represents the first date of non-payment or reduced payment. * The term “running award,” used in [38 CFR 3.660(a)(2)](), does not apply to reductions for loss of dependents, as described in [38 CFR 3.500](). * The requirement to remove a child that was given up for adoption from an award of disability compensation went into effect on _September 14, 2015_. Removal of an adopted child from an award of disability compensation from an effective date earlier than September 14, 2015, would be improper. * As indicated in [M21-1, Part VII, Subpart ii, 1.B.4.c](), the date a former school child stops attending school does not always dictate the effective date for removal of the child from the beneficiary’s award. * If removal of the dependent from the beneficiary’s award resulted from the dependent’s death, then update the corporate record to reflect the date of the dependent’s death. **References:** For more information on * systems processing steps for removing dependents, see the _VBMS Awards User Guide_ * determining the effective date for an award adjustment based on a voided marriage, see [M21-1, Part VII, Subpart i, 2.A.6.e](), and * handling cases in which a Veteran gives up a child for adoption, see [M21-1, Part VII, Subpart i, 3.B.5](). ### 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.| **If ...**| **Then ...** * removal of the dependent from the beneficiary’s award will result in a _reduction_ in benefits * the beneficiary lost the dependent for any reason other than those cited in M21-1, Part VII, Subpart i, 1.C.4.b * the beneficiary lost the dependent on or after __ October 1, 1982, **_and_** * the beneficiary is **_not_** receiving Section 306 or Old-Law Pension | remove the dependent from the beneficiary’s award effective the date of the event that resulted in loss of the dependent. removal of the dependent from the beneficiary’s award will result in a _reduction_ in benefits and * the beneficiary lost the dependent _prior_ to October 1, 1982, or * the beneficiary is receiving Section 306 or Old-Law Pension | remove the dependent from the beneficiary’s award effective the first of the year following the date of the event that resulted in loss of the dependent. ### VII.i.1.C.4.d. Processing Notice of 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 the child may be recognized 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 VII, Subpart i, 1.C.4.c. (The date the beneficiary received the results of the test represents “the date of the event” referenced in M21-1, Part VII, Subpart i, 1.C.4.c.) **Exception:** Follow the instructions in [M21-1, Part VI, Subpart iv, 2.C.4](), if VA is apportioning benefits to or on behalf of the individual VA must remove from the beneficiary’s award. **Note:** Do not request a copy of the paternity test unless * the beneficiary’s statement regarding the results and date of the paternity test raises a question of its validity * the beneficiary’s statement conflicts with other evidence of record, or * there is a reasonable indication of fraud or misrepresentation. **References:** For more information on * establishing a stepchild as a child for VA purposes, see [M21-1, Part VII, Subpart i, 3.B.6](), or * handling notice from a beneficiary that will result in removal of a dependent from the beneficiary’s award, see [M21-1, Part VII, Subpart i, 1.A.4.g](). ### 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: * the date (month, day, and year) of the event (such as death or divorce) that necessitates removal of the dependent from the beneficiary’s award, and * the location (city or country and state, or city and country, if the city is outside the U.S.) of the same event. _**Exception**_ : _[VA Form 21-0538, Mandatory Verification of Dependents]()_ , does not ask Veterans for the location of the event that necessitates removal of a dependent from their award. Accordingly, when a Veteran uses this form to notify VA of the loss of a dependent, claims processors may remove the dependent without this information and without making the telephone call referenced in the previous paragraph.Follow the instructions in the table below if attempts to obtain the missing information by telephone are unsuccessful.| **If ...**| **Then ...** only the **_location_** of the event is missing| remove the dependent from the beneficiary’s award without taking further steps to determine the location of the event. **Note:** Making the location of the event a matter of record is **_preferred_** but not required in this case. the **_date_** of the event is missing| * reduce/discontinue benefits effective the date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION page in VBMS, and * prepare a notice of proposed adverse action that proposes to further adjust the beneficiary’s benefits unless the date of the event is provided within 60 days. **Note:** In the notice, * provide the date VA proposes to discontinue/further reduce the beneficiary’s benefits, which is the first of the month following the month the beneficiary last verified entitlement to additional benefits for the dependent, and * inform the beneficiary that the proposed action would result in the creation of an overpayment that the beneficiary may be responsible for repaying. **Reference:** For more information on issuing notice of a proposed adverse action, see [M21-1, Part X, Subpart ii, 3.A](). **_ _** **Notes:** * If a beneficiary provides only the name of the _city_ in which an event took place, VA does _not_ require the beneficiary to provide the name of the State, as long as the city is well-known (such as Atlanta or Chicago). * Follow the instructions in [M21-1, Part III, Subpart i, 2.D.1.e]() for documenting attempts to contact a Veteran by telephone. ### 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: * Discontinuation of an additional, separate award of DIC to a child attending school, or a child that is 18 years old and incapable of self-support, because of the marriage or death of that child, does not affect the surviving spouse’s award. * The death or marriage of an out-of-custody child to whom VA is apportioning DIC under [38 CFR 3.461(a)]() does **_not_** require a corresponding adjustment to the surviving spouse’s award, and the surviving spouse is **_not_** entitled to additional benefits for the child through the end of the month in which the child died or married. ### 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: * first day of the month following the date of death or marriage, or * date of a previously scheduled reduction or discontinuance based on the * child’s 18th birthday, or * schoolchild’s * 23rd birthday, or * scheduled discontinuance of school attendance. **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 on the marriage of a beneficiary’s child, see [M21-1, Part VII, Subpart i, 3.C](). ### VII.i.1.C.4.h. 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 the Veteran with hospital, domiciliary, or nursing home care. * If the Veteran is receiving Section 306 or Old-Law Pension, follow the instructions in [M21-1, Part X, Subpart iii, 1.D.5.e](). * If the Veteran is receiving current-law pension and is hospitalized at VA expense, do _not_ reduce benefits. * If the Veteran is receiving current-law pension and domiciliary or nursing home care at VA expense, * notify the Veteran of the proposed reduction in benefits, and (after the due process period has ended) * reduce the Veteran’s monthly rate to $90 effective the first day of the fourth month following the month the Veteran lost the dependent. **Reference:** For more information on award adjustments under [38 CFR 3.551](), see [M21-1, Part X, Subpart iii, 1.D](). ### VII.i.1.C.4.i. 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 the 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.A Veteran who is _eligible_ for additional compensation for dependents may choose not to add a dependent to the award. However, once VA has added the dependent, VA will _not_ remove the dependent from the Veteran’s award unless and until the Veteran loses entitlement to additional compensation for that dependent due to, for example, death or divorce. **References:** For more information on * the duty of claimants to report familial relationships and family composition, see [M21-1, Part VII, Subpart i, 1.A.1.i](), or * renouncements of the right to a VA benefit, see [M21-1, Part X, Subpart iv, 4]().