M-21-1Updated
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Part X, Subpart ii, Chapter 6, Section HHistorical Information on Estate Limitations

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Revised May 13, 2019

X.ii.6.H.1.aRegulatory 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.bRegulatory 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), and as found in the Veterans Compensation Benefits Rate Tables (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. The new values were effective on the same day that the increase in 38 U.S.C. 1114(j) became effective.

X.ii.6.H.1.cRegulatory Provisions Effective as of December 27, 2001

Effective December 27, 2001, PL 107-103 eliminated the requirement in historic 38 CFR 3.557 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 for instructions for making retroactive adjustments that are effective prior to December 27, 2001.

End of Part X, Subpart ii, Chapter 6, Section H

This text is a rendering of Part X, Subpart ii, Chapter 6, Section H. The official version is the one that governs your claim.

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