M21-1 and 38 CFR changes, week of Feb 23, 2026

Added

• [91 FR 9712, Feb.

and 1 more added passages

Removed

• To ensure that disability evaluations are based on the actual level of functional impairment under the ordinary conditions of daily life, the medical examiner will not estimate or discount improvements to the disability due to the effects of medication or treatment, whether or not medication or treatment is included within specific rating criteria.
• If medication or other treatment lowers the level of disability, the rating will be based on that lowered disability level.
• [91 FR 7120, Feb.

and 1 more removed passages

Added

• (2) For survivors pension the term veteran includes a person who died in active service under conditions which preclude payment of service-connected death benefits, provided such person had completed at least 2 years honorable military, naval, air, or space service, as certified by the Secretary concerned.
• (u) Section 306 pension means those disability and survivors pension programs in effect on December 31, 1978, which arose out of Pub.
• (v) Old-Law pension means the disability and survivors pension programs that were in effect on June 30, 1960.
• (w) Improved pension means the disability and survivors pension programs becoming effective January 1, 1979, under authority of Pub.

Removed

• (2) For death pension the term veteran includes a person who died in active service under conditions which preclude payment of service-connected death benefits, provided such person had completed at least 2 years honorable military, naval, air, or space service, as certified by the Secretary concerned.
• (u) Section 306 pension means those disability and death pension programs in effect on December 31, 1978, which arose out of Pub.
• (v) Old-Law pension means the disability and death pension programs that were in effect on June 30, 1960.
• (w) Improved pension means the disability and death pension programs becoming effective January 1, 1979, under authority of Pub.

Added

• (3) Upon the death of a child, to the surviving children of the veteran entitled to survivors pension, compensation, or dependency and indemnity compensation.
• A claim for survivors pension, compensation, or dependency and indemnity compensation, by an apportionee, surviving spouse, child or parent is deemed to include claim for any accrued benefits.
• However, upon the death of a child in receipt osurvivors pension, compensation, or dependency and indemnity compensation, any accrued will be payable to the surviving child or children of the veteran entitled to survivors pension, compensation, or dependency and indemnity compensation.
• chapter 35 may receive accrued survivors pension, compensation, or dependency and indemnity compensation, payable on behalf of the deceased child for periods prior to the commencement of benefits under that chapter.

Removed

• (3) Upon the death of a child, to the surviving children of the veteran entitled to death pension, compensation, or dependency and indemnity compensation.
• A claim for death pension, compensation, or dependency and indemnity compensation, by an apportionee, surviving spouse, child or parent is deemed to include claim for any accrued benefits.
• However, upon the death of a child in receipt of death pension, compensation, or dependency and indemnity compensation, any accrued will be payable to the surviving child or children of the veteran entitled to death pension, compensation, or dependency and indemnity compensation.
• chapter 35 may receive accrued death pension, compensation, or dependency and indemnity compensation, payable on behalf of the deceased child for periods prior to the commencement of benefits under that chapter.

Added

• (b) Except as provided in paragraph (c) of this section, the entire period of service under the circumstances stated in paragraph (a) of this section constitutes one period of service and entitlement will be determined by the character of the final termination of such period of active service except that, for survivors pension purposes, § 3.3(b)(3) and (4) is controlling as to basic entitlement w…

Removed

• (b) Except as provided in paragraph (c) of this section, the entire period of service under the circumstances stated in paragraph (a) of this section constitutes one period of service and entitlement will be determined by the character of the final termination of such period of active service except that, for death pension purposes, § 3.3(b)(3) and (4) is controlling as to basic entitlement when …

Added

• (b)(1)(i) A claim by a surviving spouse or child for compensation or dependency and indemnity compensation will also be considered to be a claim for survivors pension and accrued benefits, and a claim by a surviving spouse or child for survivors pension will be considered to be a claim for death compensation or dependency and indemnity compensation and accrued benefits.
• (ii)(A) Except as provided in paragraph (b)(1)(ii)(B) of this section, an award of dependency and indemnity compensation to a surviving spouse or child will result in the denial of survivors pension.
• (B) With respect to a claim by a surviving spouse, if the evidence establishes that, but for the surviving spouse's eligibility for dependency and indemnity compensation, the surviving spouse would be eligible to receive survivors pension at the rate provided for in 38 U.S.C.
• 5503(d), survivors pension will be paid instead of such compensation.

and 6 more added passages

Removed

• Link to an amendment published at 91 FR 2713, Jan.
• (b)(1) A claim by a surviving spouse or child for compensation or dependency and indemnity compensation will also be considered to be a claim for death pension and accrued benefits, and a claim by a surviving spouse or child for death pension will be considered to be a claim for death compensation or dependency and indemnity compensation and accrued benefits.

and 2 more removed passages

Added

• (vi) In claims for nonservice-connected disability or survivors pension and parents' dependency and indemnity compensation, a statement of income;

Removed

• (vi) In claims for nonservice-connected disability or death pension and parents' dependency and indemnity compensation, a statement of income;

Added

• (5) For nonservice-connected disability or survivors pension and parents' dependency and indemnity compensation claims, a statement of income must be provided to the extent the form prescribed by the Secretary so requires;

Removed

• (5) For nonservice-connected disability or death pension and parents' dependency and indemnity compensation claims, a statement of income must be provided to the extent the form prescribed by the Secretary so requires;

Added

• (a) Where the veteran died on or after December 1, 1962, and before October 1, 1982, the rate of survivors pension or dependency and indemnity compensation otherwise payable for the surviving spouse for the month in which the death occurred shall be not less than the amount of pension or compensation which would have been payable to or for the veteran for that month but for his or her death.
• (b) Where the veteran dies on or after October 1, 1982, the surviving spouse may be paid survivors pension or dependency and indemnity compensation for the month in which the veteran died at a rate equal to the amount of compensation or pension which would have been payable to the veteran for that month had death not occurred, but only if such rate is equal to or greater than the monthly rate of …
• Otherwise, no payment of survivors pension or dependency and indemnity compensation may be made for the month in which the veteran died.
• (c)(1) Where a veteran receiving compensation or pension dies after December 31, 1996, the surviving spouse, if not entitled to death compensation, dependency and indemnity compensation, or survivors pension for the month of death, shall be entitled to a benefit for that month in an amount equal to the amount of compensation or pension the veteran would have received for that month but for his or…
• (2) A payment issued to a deceased veteran as compensation or pension for the month in which death occurred shall be treated as payable to that veteran's surviving spouse, if the surviving spouse is not entitled to death compensation, dependency and indemnity compensation or survivors pension for that month and, if negotiated or deposited, shall be considered to be the benefit to which the surviv…

Removed

• (a) Where the veteran died on or after December 1, 1962, and before October 1, 1982, the rate of death pension or dependency and indemnity compensation otherwise payable for the surviving spouse for the month in which the death occurred shall be not less than the amount of pension or compensation which would have been payable to or for the veteran for that month but for his or her death.
• (b) Where the veteran dies on or after October 1, 1982, the surviving spouse may be paid death pension or dependency and indemnity compensation for the month in which the veteran died at a rate equal to the amount of compensation or pension which would have been payable to the veteran for that month had death not occurred, but only if such rate is equal to or greater than the monthly rate of deat…
• Otherwise, no payment of death pension or dependency and indemnity compensation may be made for the month in which the veteran died.
• (c)(1) Where a veteran receiving compensation or pension dies after December 31, 1996, the surviving spouse, if not entitled to death compensation, dependency and indemnity compensation, or death pension for the month of death, shall be entitled to a benefit for that month in an amount equal to the amount of compensation or pension the veteran would have received for that month but for his or her…
• (2) A payment issued to a deceased veteran as compensation or pension for the month in which death occurred shall be treated as payable to that veteran's surviving spouse, if the surviving spouse is not entitled to death compensation, dependency and indemnity compensation or death pension for that month and, if negotiated or deposited, shall be considered to be the benefit to which the surviving …

Added

• The rates of compensation, dependency and indemnity compensation for surviving spouses and children, and section 306 and old-law disability and survivors pension, are published in tabular form in appendix B of the Veterans Benefits Administration Manual M21-1 and are to be given the same force and effect as if published in the regulations (title 38, Code of Federal Regulations).

Removed

• The rates of compensation, dependency and indemnity compensation for surviving spouses and children, and section 306 and old-law disability and death pension, are published in tabular form in appendix B of the Veterans Benefits Administration Manual M21-1 and are to be given the same force and effect as if published in the regulations (title 38, Code of Federal Regulations).

Added

• survivors pension—Included | Included |

Removed

• Death pension—Included | Included |

Added

• These sections apply to income and estate determinations of entitlement to the improved disability and survivors pension program which became effective January 1, 1979.

Removed

• These sections apply to income and estate determinations of entitlement to the improved disability and death pension program which became effective January 1, 1979.

Added

• (b) Pension for survivors—(1) Indian warsurvivors pension.
• Indian war survivors pension rates are set forth in 38 U.S.C.
• (2) Spanish-American War survivors pension.
• (3) Section 306 survivors pension.
• (4) Improved survivors pension, Public Law 95-588.

Removed

• (b) Pension for survivors—(1) Indian war death pension.
• Indian war death pension rates are set forth in 38 U.S.C.
• (2) Spanish-American War death pension.
• (3) Section 306 death pension.
• (4) Improved death pension, Public Law 95-588.

Added

• Non-service-connected disability and survivors pension may be paid based on service in the Mexican border period, World War I, World War II, the Korean conflict and the Vietnam era.
• 1521(g)(2)) unless, in the case of survivors pension, the veteran was, at the time of death, receiving (or entitled to receive) compensation or retirement pay based upon a wartime service-connected disability.

Removed

• Non-service-connected disability and death pension may be paid based on service in the Mexican border period, World War I, World War II, the Korean conflict and the Vietnam era.
• 1521(g)(2)) unless, in the case of death pension, the veteran was, at the time of death, receiving (or entitled to receive) compensation or retirement pay based upon a wartime service-connected disability.

Added

• The 1945 Schedule for Rating Disabilities will be used for evaluating the degree of disabilities in claims for disability compensation, disability and survivors pension, and in eligibility determinations.

Removed

• The 1945 Schedule for Rating Disabilities will be used for evaluating the degree of disabilities in claims for disability compensation, disability and death pension, and in eligibility determinations.

Added

• The annual rate of survivors pension payable to a surviving spouse who does not qualify for an annual rate of survivors pension payable under § 3.23(a)(6) based on need for aid and attendance shall be as set forth in § 3.23(a)(7) if the surviving spouse is permanently housebound by reason of disability.

Removed

• The annual rate of death pension payable to a surviving spouse who does not qualify for an annual rate of death pension payable under § 3.23(a)(6) based on need for aid and attendance shall be as set forth in § 3.23(a)(7) if the surviving spouse is permanently housebound by reason of disability.

Added

• (d) Medicaid-covered nursing home care.
• (1) If a surviving spouse described in § 3.152(b)(1)(ii)(B) stops receiving Medicaid-covered nursing home care, dependency and indemnity compensation, if otherwise in order, will be effective as of the date Medicaid coverage ceased, if a claim for dependency and indemnity compensation is received within one year of the date Medicaid coverage ceased;
• otherwise, it will be effective as of the date of receipt of claim or date entitlement arose, whichever is later.
• (2) If a surviving spouse who is receiving dependency and indemnity compensation and who, but for eligibility for dependency and indemnity compensation, would be eligible for survivors pension, begins receiving Medicaid-covered nursing home care, survivors pension will be effective as of the first day of the month after dependency and indemnity compensation was discontinued, if a claim for surviv…
• otherwise, it will be effective as of the date of receipt of claim or date entitlement arose, whichever is later.
• 91 FR 2713, Jan.

and 2 more added passages

Removed

• Link to an amendment published at 91 FR 2713, Jan.

and 2 more removed passages

Added

• (b) Survivors pension.
• Old-Law survivors pension, section 306 survivors pension, and improved pension will be apportioned to the veteran's child or children.

Removed

• (b) Death pension.
• Old-Law death pension, section 306 death pension, and improved pension will be apportioned to the veteran's child or children.

Added

• (1) Except as provided in paragraph (c)(2) of this section, no person eligible for dependency and indemnity compensation by reason of a death occurring on or after January 1, 1957, shall be eligible by reason of such death for survivors pension or death compensation under any other law administered by the Department of Veterans Affairs.
• (2) A surviving spouse who, but for the surviving spouse's eligibility for dependency and indemnity compensation, would be eligible to receive survivors pension at the rate provided for in 38 U.S.C.
• 5503(d) will receive survivors pension instead of such compensation.
• 91 FR 2713, Jan.

and 2 more added passages

Removed

• Link to an amendment published at 91 FR 2713, Jan.
• No person eligible for dependency and indemnity compensation by reason of a death occurring on or after January 1, 1957, shall be eligible by reason of such death for death pension or compensation under any other law administered by the Department of Veterans Affairs, except that, effective November 2, 1994, a surviving spouse who is receiving dependency and indemnity compensation may elect to re…

and 2 more removed passages

Added

• (f) Medicaid-covered nursing home care.
• 58 FR 32445, June 10, 1993;
• 91 FR 2713, Jan.

and 1 more added passages

Removed

• Link to an amendment published at 91 FR 2713, Jan.
• (f) Medicaid-covered nursing home care (§ 3.551(i)).
• 58 FR 32445, June 10, 1993]

and 1 more removed passages

Added

• survivors pension may be paid to a surviving spouse who was married to the veteran:

Removed

• Death pension may be paid to a surviving spouse who was married to the veteran:

Added

• (1) The service survivors pension rate if the veteran was receiving service pension or the improved survivors pension rate if the veteran was receiving section 306 or improved pension.

Removed

• (1) The service death pension rate if the veteran was receiving service pension or the improved death pension rate if the veteran was receiving section 306 or improved pension.

Added

• (b) When an award of dependency and indemnity compensation is made covering a period for which death benefits have been paid to the same payee based on the death of another spouse the award will be made subject to an offset of payments of survivors pension or death compensation, or dependency and indemnity compensation over the same period in the case of the other spouse.
• 26, 1976, as amended at 91 FR 2713, Jan.

and 1 more added passages

Removed

• Link to an amendment published at 91 FR 2713, Jan.
• (b) When an award of dependency and indemnity compensation is made covering a period for which death benefits have been paid to the same payee based on the death of another spouse the award will be made subject to an offset of payments of death pension or compensation, or dependency and indemnity compensation over the same period in the case of the other spouse.

and 2 more removed passages

Added

• The provisions of this section are applicable for periods commencing on or after January 1, 1957 in cases involving payments of death compensation or dependency and indemnity compensation, and in addition, for periods commencing on or after June 9, 1960, in cases involving payments of survivors pension based on death on or after that date.
• (a) If survivors pension, compensation or dependency and indemnity compensation is payable based on the service of one parent, an award of such benefits to or on account of a child will be made subject to any payments of these benefits made to or on account of that child over the same period of time based on the service of another parent in the same parental line.
• (b) Any reduction or discontinuance of an award to the child or to a surviving spouse will be effective the day preceding the commencing date of survivors pension, compensation, or dependency and indemnity compensation or, under the circumstances described in § 3.707, the commencing date of dependents' educational assistance under 38 U.S.C.

Removed

• The provisions of this section are applicable for periods commencing on or after January 1, 1957 in cases involving payments of death compensation or dependency and indemnity compensation, and in addition, for periods commencing on or after June 9, 1960, in cases involving payments of death pension based on death on or after that date.
• (a) If death pension, compensation or dependency and indemnity compensation is payable based on the service of one parent, an award of such benefits to or on account of a child will be made subject to any payments of these benefits made to or on account of that child over the same period of time based on the service of another parent in the same parental line.
• (b) Any reduction or discontinuance of an award to the child or to a surviving spouse will be effective the day preceding the commencing date of death pension, compensation, or dependency and indemnity compensation or, under the circumstances described in § 3.707, the commencing date of dependents' educational assistance under 38 U.S.C.

Added

• (2) If the annual income of the spouse or child is such that survivors pension would be payable.
• (3) At the rate payable under the survivors pension law or the rate which the veteran was receiving at the time of imprisonment, whichever is less.
• (b) Survivors pension.
• (1) If surviving spouse is disqualified to child or children at the rate of survivors pension payable if there were no such surviving spouse;
• (2) If a child is disqualified, to a surviving spouse or other child or children at the rate of survivors pension payable if there were no such child, and
• Pension or survivors pension is not payable on behalf of a dependent of a veteran for any period during which the veteran or the dependent is a fugitive felon.

Removed

• (2) If the annual income of the spouse or child is such that death pension would be payable.
• (3) At the rate payable under the death pension law or the rate which the veteran was receiving at the time of imprisonment, whichever is less.
• (b) Death pension.
• (1) If surviving spouse is disqualified to child or children at the rate of death pension payable if there were no such surviving spouse;
• (2) If a child is disqualified, to a surviving spouse or other child or children at the rate of death pension payable if there were no such child, and
• Pension or death pension is not payable on behalf of a dependent of a veteran for any period during which the veteran or the dependent is a fugitive felon.

Added

• (d) Finality of election.
• (1) Except as noted in paragraphs (d)(2) and (g) of this section, an election to receive dependency and indemnity compensation in lieu of death compensation is final, and the claimant may not thereafter reelect death compensation in that case.
• (2) A surviving spouse's receipt of survivors pension at the rate provided for in 38 U.S.C.
• 5503(d) in lieu of dependency and indemnity compensation will not be a bar to the surviving spouse's receipt of such compensation in the event the surviving spouse becomes ineligible for survivors pension at the rate provided for in 38 U.S.C.
• (f) Survivors pension rate.
• (1) Effective October 1, 1961, where the monthly rate of dependency and indemnity compensation payable to a surviving spouse who has children is less than the monthly rate of survivors pension which would be payable to such surviving spouse if the veteran's death had not been service connected, dependency and indemnity compensation shall be paid to such surviving spouse in an amount equal to the …
• (2) Effective June 22, 1966, where the monthly rate of dependency and indemnity compensation payable to a surviving spouse who has children is less than the monthly rate of survivors pension which would be payable for the children if the veteran's death had not been service connected and the surviving spouse were not entitled to such pension, dependency and indemnity compensation shall be payable…

and 4 more added passages

Removed

• Link to an amendment published at 91 FR 2713, Jan.
• (d) Finality of election.(1) Except as noted in paragraphs (d)(2) and (g) of this section, an election to receive dependency and indemnity compensation is final and the claimant may not thereafter reelect death pension or compensation in that case.
• (2) Notwithstanding the provisions of paragraph (d)(1), effective November 2, 1994, a surviving spouse who is receiving dependency and indemnity compensation may elect to receive death pension instead of such compensation.
• (f) Death pension rate.
• (1) Effective October 1, 1961, where the monthly rate of dependency and indemnity compensation payable to a surviving spouse who has children is less than the monthly rate of death pension which would be payable to such surviving spouse if the veteran's death had not been service connected, dependency and indemnity compensation shall be paid to such surviving spouse in an amount equal to the pens…
• (2) Effective June 22, 1966, where the monthly rate of dependency and indemnity compensation payable to a surviving spouse who has children is less than the monthly rate of death pension which would be payable for the children if the veteran's death had not been service connected and the surviving spouse were not entitled to such pension, dependency and indemnity compensation shall be payable to …

and 2 more removed passages