---
title: "Part X, Subpart ii, Chapter 6, Section H Historical Information on Estate Limitations"
document: "M-21-1"
section: "Part X, Subpart ii, Chapter 6, Section H"
canonical: "https://veteranai.co/va-regulations/m21-1/x.ii.6.h-historical-information-on-estate-limitations"
source: "https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000177981/M21-1-Part-X-Subpart-ii-Chapter-6-Section-H-Historical-Information-on-Estate-Limitations"
updated: "2026-09-07T14:37:55.228431Z"
---

May 13, 2019  

### X.ii.6.H.1.a. Regulatory Provisions in Effect Prior to November 1, 2000

Prior to November 1, 2000, pension, compensation, or emergency officers’ pay was not payable to, or on account of, a Veteran who

  * was rated incompetent by the Department of Veterans Affairs had no spouse or child
  * was institutionalized by the United States or any political subdivision thereof, and
  * had an estate that equaled or exceeded $1,500.

Only when the estate was subsequently reduced to $500 or less was payment to be resumed.  

### X.ii.6.H.1.b. Regulatory Provisions Effective as of November 1, 2000

Effective November 1, 2000, under the provisions of _Public Law (PL) 106-419_ , the estate limitation was increased to an amount equal to five times the monthly rate of compensation in effect under [38 U.S.C. 1114(j)](<https://www.law.cornell.edu/uscode/text/38/1114>), and as found in the [_Veterans Compensation Benefits Rate Tables_](</system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000162183/2025-COLA-Rates>) (the rate payable to a totally disabled Veteran with no dependents). Payment was to be subsequently resumed when the estate was reduced to one-half the amount of this estate limitation per [38 CFR 3.558](<https://www.ecfr.gov/cgi-bin/retrieveECFR?gp=1&SID=cde9743491183f88ca095654bdbf6241&ty=HTML&h=L&r=SECTION&n=se38.1.3_1558>).  The new values were effective on the same day that the increase in [38 U.S.C. 1114(j)](<https://www.law.cornell.edu/uscode/text/38/1114>) became effective.  

### X.ii.6.H.1.c. Regulatory Provisions Effective as of December 27, 2001

Effective December 27, 2001, _PL 107-103_ eliminated the requirement in historic [38 CFR 3.557](<http://www.gpo.gov/fdsys/pkg/CFR-2002-title38-vol1/pdf/CFR-2002-title38-vol1-sec3-557.pdf>) to discontinue the payment of benefits because of the size of a Veteran’s estate.   **Note:** See historic [M21-1, Part IV, Chapter 18, Subchapter VII](<https://vbaw.vba.va.gov/bl/21/publicat/Manuals/Part4/418.htm>) for instructions for making retroactive adjustments that are effective prior to December 27, 2001.