GroundRules
38 CFR 3.453: Benefits not apportionable.
Where this section sits in the code
- Title 38—Pensions, Bonuses, and Veterans' Relief
- CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS
- PART 3—ADJUDICATION
- Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation
VA will not apportion benefits:
(a) Unless the spouse of a veteran files a claim for an apportionment. If there is a child of the veteran, an apportionment will not be authorized unless a claim for an apportionment is filed by or for the child.
(b) To any beneficiary's dependent who is determined by VA to have been guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the U.S. or its allies.
(c) After September 1, 1959, if a veteran, spouse, child, dependent parent, or other primary beneficiary:
(1) Forfeited benefits due to fraud or a treasonable act; or
(2) Was convicted of subversive activity.
Note 1 to § 3.453:
See §§ 3.900 through 3.903.
Collected 2026-08-27T02:25:50Z. Source file · JSON