M21-1 and 38 CFR changes, week of Feb 9, 2026

Added

• (ii) As to a child adopted out of the veteran's family, a statement over the signature of the judge or the clerk of the court setting forth the child's former name and the date of adoption, or a certified statement by the veteran, the veteran's surviving spouse, or their fiduciaries setting forth the child's former name, date of birth, and the date and fact of adoption together with evidence indi…
• 91 FR 905, Jan.

and 2 more added passages

Removed

• Link to an amendment published at 91 FR 905, Jan.
• (ii) As to a child adopted out of the veteran's family, a statement over the signature of the judge or the clerk of the court setting forth the child's former name and the date of adoption, or a certified statement by the veteran, the veteran's surviving spouse, apportionee, or their fiduciaries setting forth the child's former name, date of birth, and the date and fact of adoption together with …
• Where application is made for an apportionment under § 3.458(d) on behalf of a child adopted out of the veteran's family, the evidence must be sufficient to establish the veteran as the natural parent of the child.

and 2 more removed passages

Added

• 91 FR 905, Jan.

and 2 more added passages

Removed

• Link to an amendment published at 91 FR 905, Jan.
• Apportionment of the veteran's pension under § 3.451 meets the requirement of reasonable contribution.

and 2 more removed passages

Added

• (3) Adjustments of awards—such as in the case of apportionments or the termination of any withholding, reduction, or suspension by reason of:
• 91 FR 905, Jan.

and 2 more added passages

Removed

• Link to an amendment published at 91 FR 905, Jan.
• (3) Adjustments of awards—such as in the case of original or increased apportionments or the termination of any withholding, reduction, or suspension by reason of:

and 2 more removed passages

Added

• (e) Apportionment—(1) General rule.
• Except as provided in paragraph (e)(2) of this section, the effective date of an apportionment is the first day of the month after the month in which VA receives an apportionment claim.
• (See §§ 3.450 through 3.455 and 3.551.)
• (2) Exceptions to general rule—(i) Claim for benefits is pending.
• If a veteran or surviving spouse (primary beneficiary) has a claim for benefits pending on the date that VA receives an apportionment claim, the effective date of the apportionment will be the effective date of the primary beneficiary's award, or the date the apportionment claimant's entitlement arose, whichever is later.
• (ii) Apportionment claimant not yet established as the beneficiary's dependent.
• If VA receives an apportionment claim within 1 year of the award of benefits to the primary beneficiary and the apportionment claimant has not been established as a dependent on the primary beneficiary's award, the effective date of the apportionment will be the effective date of the primary beneficiary's award or the date the apportionment claimant's entitlement arose, whichever is later.
• (iii) The primary beneficiary is incarcerated.

and 1 more added passages

Removed

• Link to an amendment published at 91 FR 905, Jan.
• (e) Apportionment (§§ 3.450 through 3.461, 3.551).
• On original claims, in accordance with the facts found.
• On other than original claims from the first day of the month following the month in which:
• (1) Claim is received for apportionment of a veteran's award, except that where payments to him (her) have been interrupted, apportionment will be effective the day following date of last payment if a claim for apportionment is received within 1 year after that date;
• (2) Notice is received that a child included in the surviving spouse's award is not in the surviving spouse's custody, except that where payments to the surviving spouse have been interrupted, apportionment will be effective the day following date of last payment if such notice is received within 1 year after that date.

and 1 more removed passages

Added

• Sections 3.450 through 3.459 apply to all claims for apportionment VA receives on or after February 9, 2026.
• (b) Existing apportionments.
• All apportionments being paid as of February 9, 2026, will continue to be paid until the circumstances that provided entitlement to the apportionment no longer exist, such as divorce of the veteran and spouse, death of the primary beneficiary, death of an apportionee, or other such circumstances that provided entitlement to the apportionment.
• (c) Apportionment application.
• Claims for apportionment must be submitted to VA on a form prescribed by the Secretary.
• [91 FR 905, Jan.

and 3 more added passages

Removed

• Link to an amendment published at 91 FR 905, Jan.
• (a)(1) All or any part of the pension, compensation, or emergency officers' retirement pay payable on account of any veteran may be apportioned.
• (i) On behalf of his or her spouse, children, or dependent parents if the veteran is incompetent and is being furnished hospital treatment, institutional, or domiciliary care by the United States, or any political subdivision thereof.
• (ii) If the veteran is not residing with his or her spouse, or if the veteran's children are not residing with the veteran and the veteran is not reasonably discharging his or her responsibility for the spouse's or children's support.
• (2) Where any of the children of a deceased veteran are not living with the veteran's surviving spouse, the pension, compensation, or dependency and indemnity compensation otherwise payable to the surviving spouse may be apportioned.
• (b) Except as provided in § 3.458(e), no apportionment of disability or death benefits will be made or changed solely because a child has entered active duty with the air, military, or naval services of the United States.

and 19 more removed passages

Added

• (a) General—(1) Veteran.
• All or part of the pension or disability compensation payable to any veteran may be apportioned for the veteran's spouse, child, or children, or, in the case of disability compensation but not pension, for the veteran's dependent parent, if one of the following conditions exist:
• (i) The veteran is incompetent and is being furnished hospital treatment, nursing home, or domiciliary care by the U.S., or any political subdivision thereof;
• (ii) The veteran is incarcerated and meets the conditions of § 3.665 or § 3.666.
• (2) Surviving spouse.
• Where a child or children of a deceased veteran is not living with the veteran's surviving spouse because the surviving spouse is incarcerated and meets the conditions of § 3.665 or § 3.666, the dependency and indemnity compensation (DIC) or pension otherwise payable to the surviving spouse may be apportioned to the child or children.
• No apportionment shall be payable to a child who did not reside with the surviving spouse prior to incarceration.
• (b) Apportionment to a child on active duty.

and 10 more added passages

Removed

• Link to an amendment published at 91 FR 905, Jan.
• Without regard to any other provision regarding apportionment where hardship is shown to exist, pension, compensation, emergency officers' retirement pay, or dependency and indemnity compensation may be specially apportioned between the veteran and his or her dependents or the surviving spouse and children on the basis of the facts in the individual case as long as it does not cause undue hardshi…
• In determining the basis for special apportionment, consideration will be given such factors as:
• Amount of Department of Veterans Affairs benefits payable;
• other resources and income of the veteran and those dependents in whose behalf apportionment is claimed;
• and special needs of the veteran, his or her dependents, and the apportionment claimants.
• The amount apportioned should generally be consistent with the total number of dependents involved.

and 4 more removed passages

Added

• A veteran's benefits may be apportioned when the veteran is receiving hospital treatment, nursing home, or domiciliary care provided by the U.S.
• or a political subdivision, upon receipt by VA of an application:
• (a) Pending appointment of fiduciary.
• Pending the appointment of a guardian or other fiduciary.
• (b) Veteran receiving hospital, domiciliary, or nursing home care—(1) Incompetent veteran—(i) Spouse or child.
• Where an incompetent veteran without a fiduciary is receiving hospital treatment, nursing home, or domiciliary care provided by the U.S.
• or a political subdivision, his or her benefit may be apportioned for a spouse or child.
• (ii) Dependent parent.

and 17 more added passages

Removed

• Link to an amendment published at 91 FR 905, Jan.
• Veterans benefits may be apportioned:
• (a) If the veteran is not residing with his or her spouse or his or her children and a claim for apportionment is filed for or on behalf of the spouse or children.
• (b) Pending the appointment of a guardian or other fiduciary.
• (c)(1) Where an incompetent veteran without a fiduciary is receiving institutional care by the United States or a political subdivision, his or her benefit may be apportioned for a spouse or child, or, except as provided in paragraph (c)(2), for a dependent parent, unless such benefit is paid to a spouse (“as wife” or “as husband”) for the use of the veteran and his or her dependents.
• (2) Where a married veteran is receiving section 306 or improved pension and the amount payable is reduced under § 3.551(c) because of hospitalization, an apportionment may be paid to the veteran's spouse as provided in § 3.454(b).

and 21 more removed passages

Added

• 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;
• (2) Was convicted of subversive activity.

and 7 more added passages

Removed

• Link to an amendment published at 91 FR 906, Jan.
• Rates of apportionment of disability compensation, service pension or retirement pay will be determined under § 3.451.
• [26 FR 7266, Aug.

and 2 more removed passages

Added

• (a) Disability pension.
• Disability pension will be apportioned to the veteran's spouse or child or children.
• (b) Death pension.
• Old-Law death pension, section 306 death pension, and improved pension will be apportioned to the veteran's child or children.
• [91 FR 906, Jan.

and 2 more added passages

Removed

• Link to an amendment published at 91 FR 906, Jan.
• Apportionment of disability pension will be as follows:
• (a) Where a veteran with spouse, or child is incompetent and without legal fiduciary and is maintained in an institution by the United States or any political subdivision thereof, $25 monthly will be paid as an institutional award to the Director of a Department of Veterans Affairs medical center or chief officer of a non-Department of Veterans Affairs institution for the use of the veteran, and …
• If the veteran has no spouse, or child but has a dependent parent, apportionment will be in accordance with § 3.451.
• (b)(1) Where the amount of section 306 pension payable to a married veteran under 38 U.S.C.
• 1521(b), as in effect on December 31, 1978, is reduced to $50 monthly under § 3.551(c), an apportionment may be made to such veteran's spouse upon an affirmative showing of hardship.
• The amount of the apportionment generally will be the difference between $50 and the total amount of pension payable on December 31, 1978.

and 26 more removed passages

Added

• The full monthly rate for an incompetent veteran, or for a competent veteran whose pension was reduced under § 3.551(c), will be restored effective the date of departure from the hospital.
• The award will be based on the most recent rating and, where the award was reduced under § 3.551(b), will include, any amounts withheld because of hospitalization.
• Where an apportionment was made under § 3.551(c), the apportionment will be discontinued effective the day preceding the date of the veteran's release from the hospital, unless an overpayment would result.
• 91 FR 906, Jan.

and 5 more added passages

Removed

• Link to an amendment published at 91 FR 906, Jan.
• The full monthly rate for an incompetent veteran, or for a competent veteran whose pension was reduced under § 3.551(c), will be restored effective the date of departure from the hospital unless it is determined that apportionment for a spouse should be continued.
• The award will be based on the most recent rating and, where the award was reduced under § 3.551(b), will include, in the case of a competent veteran, any amounts withheld because of hospitalization.
• The amount withheld for an incompetent veteran will not be authorized until the expiration of 6 months following a rating of competency by VA.

and 5 more removed passages

Added

• All of the compensation not paid to an incarcerated veteran may be apportioned to the veteran's spouse, child or children (in equal shares), or dependent parent or parents (in equal shares).
• All of the DIC not paid to an incarcerated surviving spouse or other children not in the surviving spouse's custody may be apportioned to another child or children.
• All of the DIC not paid to an incarcerated child may be apportioned to the surviving spouse or other children (in equal shares).
• (i) Resumption upon release—(1) No apportionment.
• If there was no apportionment at the time of release from incarceration, the released person's award shall be resumed the date of release from incarceration if the Department of Veterans Affairs receives notice of release within 1 year following release;
• otherwise, the award shall be resumed the date of receipt of notice of release.
• If there was an apportionment award during incarceration, it shall be discontinued the date of last payment to the apportionee upon receipt of notice of release of the incarcerated person.
• Payment to the released person from date of release to date of last payment to the apportionee shall be made at the rate which is the difference between the released person's full rate and the sum of:

and 8 more added passages

Removed

• Link to an amendment published at 91 FR 906, Jan.
• All or part of the compensation not paid to an incarcerated veteran may be apportioned to the veteran's spouse, child or children and dependent parents on the basis of individual need.
• In determining individual need consideration shall be given to such factors as the apportionee claimant's income and living expenses, the amount of compensation available to be apportioned, the needs and living expenses of other apportionee claimants as well as any special needs, if any, of all apportionee claimants.
• All or part of the DIC not paid to an incarcerated surviving spouse or other children not in the surviving spouse's custody may be apportioned to another child or children.
• All or part of the DIC not paid to an incarcerated child may be apportioned to the surviving spouse or other children.
• These apportionments shall be made on the basis of individual need giving consideration to the factors set forth in paragraph (e)(1) of this section.
• A dependent shall also be informed that if the dependent and the incarcerated person do not live together when the incarcerated person is released (or participates in a work release or halfway house program) the dependent may submit a new claim for apportionment.

and 13 more removed passages