Sorry for the mess!

The site is undergoing a massive update. All the content on the site still works but things just might look a little messy and disorganized. Most of the upgrades will probably be don by the end of the month. Thank you for your understanding!

Updated Jan 06, 2025

In This Section
 This section contains the following topics:
Topic
Topic Name
1
2
3
4
5

1.  General Information on a Child’s Permanent Incapacity for Self-Support

Introduction
This topic contains general information on a child’s permanent incapacity for self-support,  including

Change Date
February 3, 2022

X.ii.6.B.1.a.  Effect of a Child’s Incapacity for Self-Support on VA Benefits
The Department of Veterans Affairs (VA) does not recognize as a dependent child an individual that is age 18 or older unless the individual
  • is under the age of 23 and pursuing a course of instruction at an approved educational institution, or
  • became permanently incapable of self-support by reason of mental or physical defect before reaching age 18.
VA has historically referred to an individual in the latter category as a helpless child.
References:  For more information on

X.ii.6.B.1.b.  Acceptability of Claims Alleging a Child Is Permanently Incapable of Self-Support
Effective March 24, 2015, a claim for benefits that alleges a child is permanently incapable of self-support must be received on one of the prescribed forms listed in M21-1, Part II, Subpart iii, 1.A.1.a.
Use the table below to determine what action to take when communication on something other than a prescribed form is received indicating permanent incapacity for self-support of a child of a Veteran.
If the correspondence is received …
Then treat the correspondence as a …
prior to March 24, 2015
claim.
on or after March 24, 2015
request for application.
Note:  The policy described in this block also applies to communications regarding a child’s incapacity for self-support that VA receives more than three months prior to the child’s 18th birthday.
References:  For more information on

X.ii.6.B.1.c.  Information Necessary to Establish the Extent of the Child’s Disability
The information necessary to establish the extent of the child’s disability includes
  • the extent to which the child is and was, prior to reaching their 18th birthday, physically or mentally deficient, as evidenced by factors such as their ability to perform
    • self-care functions, and
    • ordinary tasks expected of a child of that age
  • whether or not the child attended school and, if so, the maximum grade attended
  • if any material improvement in the child’s condition has occurred
  • if the child has ever been employed and, if so, the
    • nature and dates of such employment, and
    • amount of pay received
  • whether or not the child has ever married, and
  • a description of the child’s present condition.

X.ii.6.B.1.d.  Reporting Facts Based on Personal Observation
The persons making statements pertaining to the child’s permanent incapacity for self-support should give detailed information of the facts known to them personally in regard to the child’s
  • mental and physical condition when the child attained the age of 18 years, and
  • present condition.
Important:  All statements should indicate the basis of the knowledge of the facts reported and include the name and signature of the person making the statement.

X.ii.6.B.1.e.  Handling Claims Received More Than Three Months Prior to the Child’s 18th Birthday
Do not request evidence or refer a claim to the rating activity more than three months prior to the child’s 18th birthday.
If a claim alleging a child’s permanent incapacity for self-support is received more than three months prior to the child’s 18th birthday
  • inform the claimant that consideration will be deferred, and
  • use diary code 03 (Helpless Child Review) to establish control for future development, if necessary, and referral of the claim to the rating activity approximately three months prior to the child’s 18th birthday.
Notes:
  • If the contention of a child’s permanent incapacity for self-support is prematurely communicated on something other than a prescribed form, treat the correspondence as a request for application as discussed in M21-1, Part X, Subpart ii, 6.B.1.b.  Do not inform the claimant of the deferral of consideration or establish local diary control in the absence of a valid claim on a prescribed form.
  • At the time when the rating activity reviews the case, if the child’s disability is considered permanent in nature, the rating activity may order an examination without requiring any other medical evidence.
References:  For more information on

X.ii.6.B.1.f.  Responding to Maturation of the Local 18th Birthday Diary
Upon maturation of a local diary established in compliance with M21-1, Part X, Subpart ii, 6.B.1.e, the system will automatically establish an end product (EP) specific to the benefit type.
Once the EP has been automatically established, regional offices are responsible for completing any necessary development, to include issuance of a standard Section 5103 notice, if appropriate, and referring the claim to the rating activity.
References:  For more information on

X.ii.6.B.1.g.  Handling Claims Unaccompanied by Evidence Required to Concede Status as a Child
Follow the instructions in the table below if a substantially complete claim alleging a child is permanently incapable of self-support is not accompanied by evidence/information VA requires to establish the child’s age and relationship, as outlined in M21-1, Part VII, Subpart i, 3.A.
Important:  Do not refer a claim alleging a child is permanently incapable of self-support to the rating activity before establishing the individual’s age and status as the child of the Veteran on whose service benefits are based.
Step
Action
1
Did the claimant initiate a claim by submitting a September 2018 or later version of VA Form 21-686c, Application Request to Add and/or Remove Dependents?
  • If yes, go to the next step.
  • If no, go to Step 3.
2
Is the evidence/information that is missing evidence/information VA Form 21-686c specifically instructs the claimant to provide?
  • If yes, go to Step 5.
  • If no, go to the next step.
3
Undertake development to obtain the missing evidence/information.
4
Did the claimant provide the missing evidence/information within 30 days?
  • If yes,
    • refer the claim to the rating activity to determine whether the child is permanently incapable of self-support, and
    • disregard the remaining step in this table.
  • If no, go to the next step.
5
Deny the claim without referral to the rating activity.
Important:  In the decision notice, inform the claimant that the basis for the denial was the absence of evidence/information VA requires to establish the child’s age and/or relationship.
References:  For more information on

2.  Developing for and Determining Permanent Incapacity for Self-Support

Introduction
This topic contains information on developing for and determining permanent incapacity for self-support, including

Change Date
March 30, 2022

X.ii.6.B.2.a.  When to Send Section 5103 Notice Regarding the Evidence Required to Establish Permanent Incapacity for Self-Support
Use the table below to determine when to send Section 5103 notice regarding the evidence required to establish a child is permanently incapable of self-support.
If the form the claimant used to initiate the claim …
Then …
does not discuss the evidence required to determine whether the child is permanently incapable of self-support
send Section 5103 notice only if
  • no such notice has been sent within the year prior to the date of claim, and
  • the benefit cannot be granted on the evidence of record.
discusses the evidence required to determine whether the child is permanently incapable of self-support
Example:  VA Form 21-686c
do not send Section 5103 notice.  A decision on the claim may be made without any additional development.
Note:  This policy applies not only to fully developed claims (FDCs), but also to claims self-excluded from the FDC process.
follow the guidance in
References:  For more information on

X.ii.6.B.2.b.  Determining if a VA Examination Is Necessary to Determine Permanent Incapacity for Self-Support
A VA examination is not routinely required to determine a child’s permanent incapacity for self-support, as entitlement is established based on the level of disability prior to the child’s 18th birthday.  In most cases, historical evidence is the most relevant to making this factual determination.  However, in the rare instances where the rating activity determines an examination is necessary to resolve conflicting evidence, supervisory (assistant coach or above) review and approval of the examination request must be documented in a Veterans Benefits Management System (VBMS) note.
Reference:  For more information on evaluating conflicting evidence, see M21-1, Part V, Subpart ii, 1.A.4.b.

X.ii.6.B.2.c.  Rating Activity Considerations in Claims Alleging a Child’s Permanent Incapacity for Self-Support
Rating determinations will be made under the provisions of 38 CFR 3.356, which requires the child to be permanently incapable of self-support through their own efforts due to physical or mental disabilities as of their 18th birthday.
The question of permanent incapacity is one of fact for determination by the rating activity based on competent evidence of record.
References:  For more information on

X.ii.6.B.2.d.  Deciding the Issue of Permanent Incapacity for Self-Support
The table below describes what happens after
  • a claimant has established the
    • age of a child the claimant alleges is permanently incapable of self-support, and
    • child’s relationship to the Veteran on whose service the claimed benefit is based, and
  • all appropriate development actions to obtain evidence regarding the child’s capacity for self-support are complete.
If …
Then the …
evidence received in connection with the claim sufficiently justifies entitlement under 38 CFR 3.356
rating activity will
evidence received in connection with the claim does not sufficiently justify entitlement under 38 CFR 3.356
rating activity will deny permanent incapacity for self-support.
evidence received in connection with the claim is deemed insufficient to resolve the issue in question
rating activity will defer a decision on incapacity for self-support, directing what additional development need be undertaken.
no evidence (other than the declaration referenced in the note in the next column) regarding the child’s capacity for self-support is of record
authorization activity will deny the claim, indicating in the corresponding decision notice that the claimant did not
  • furnish evidence as requested, or
  • provide evidence demonstrating the child’s permanent incapacity for self-support.
Note:  No rating activity action is required if a claimant checks a box on a claim form that indicates a child is incapable of self-support or severely disabled but submits no evidence to support the assertion.

X.ii.6.B.2.e.  Scheduling Reexaminations in Rare Cases Involving a Child’s Permanent Incapacity for Self-Support
Following a determination of permanent incapacity for self-support, the rating activity may request a reexamination or other form of development, but only under the most unusual of circumstances when evidence compellingly supports the notion that the child may become capable of self-support in the future.
Any reexamination deemed necessary by the rating activity must be
  • reviewed and approved by a supervisor (assistant coach or above), with the approval documented in a VBMS note
  • fully justified in the rating decision’s narrative, and
  • scheduled within not less than two years, but not more than five years, following the finding of permanent incapacity for self-support.
In a case involving a future examination or developmental control,
  • establish a diary code 03 (Helpless Child Review), and
  • upon expiration of the control, establish EP 020, 120, or other appropriate EP control, and refer the case to the rating activity for a decision as to whether or not to
    • schedule an examination, or
    • refer the case to the authorization activity for further development of the child’s current status.
Note:  If the future diary is not cleared timely, an EP will be system-generated indicating that the action is due.
References:  For more information on

3.  Awarding and Denying Benefits to or for a Child a Claimant Alleges Is Permanently Incapable of Self-Support

Introduction
This topic contains information on awarding and denying benefits to or for a child a claimant alleges is permanently incapable of self-support, including

Change Date
April 22, 2021

X.ii.6.B.3.a.  Awards Involving a Child That Is Permanently Incapable of Self-Support When the Benefit Is Disability Compensation
If the Veteran qualifies for additional compensation for dependents, add the additional allowance for a child determined to be permanently incapable of self-support.
Note:  Handle an apportionment for a child permanently incapable of self-support in the same manner as for a minor child, but do not use a future discontinuance date.
References:  For more information on

X.ii.6.B.3.b.  Awards Involving a Child That Is Permanently Incapable of Self-Support  When the Benefit Is Veterans Pension
A child permanently incapable of self-support is a dependent in protected pension cases when determining a Veteran’s statutory income limitation.  In current-law pension cases, such a child is a dependent for the purpose of determining monthly payments.
Reference:  For more information on establishment of a child in current-law pension cases, see M21-1, Part IX, Subpart iii, 1.F.1.c.

X.ii.6.B.3.c.  Awards Involving a Child That Is Permanently Incapable of Self-Support When the Benefit Is Survivors Pension
Add a child that is permanently incapable of self-support to a surviving spouse’s award of Survivors Pension.
Pay Survivors Pension to a child (or to their fiduciary) that is permanently incapable of self-support and otherwise entitled to the benefit in their own right.
Reference:  For more information on Survivors Pension, see M21-1, Part I, Subpart ii, 2.2.b.

X.ii.6.B.3.d.  Awards Involving a Child That Is Permanently Incapable of Self-Support When the Benefit Is DIC
Make a separate award of Dependency and Indemnity Compensation (DIC) to a child in their own right if the child is 18 or older and permanently incapable of self-support, even though the surviving spouse may
  • be receiving DIC benefits, and
  • have custody of the child.
Exception:  Do not pay DIC directly to a child if the rating activity has determined the child is not competent to manage their own benefits.
Reference:  For more information on DIC, see

X.ii.6.B.3.e.  Determining the Proper Effective Date of an Award
The rating activity is responsible for
  • determining the effective date of entitlement to benefits based on a finding that a child is permanently incapable of self-support, and
  • entering the date in VBMS-Rating.
The authorization activity determines the effective date of payment.
Consideration must be given to
  • the type of claim filed
  • the date of claim, and
  • when the child turned 18.
References:  For more information on

X.ii.6.B.3.f.  Preparing an Award
For information on how to prepare an award to or for a minor, or a child who is both permanently incapable of self-support and incompetent, see M21-1, Part X, Subpart ii, 6.E.2.
Reference:  For more information on processing decisions, see M21-1, Part VI, Subpart i, 1.A.2.

X.ii.6.B.3.g.  Preparing a Decision Notice
After VA decides a claim for benefits for a child the claimant alleges is permanently incapable of self-support, provide the claimant a decision notice that conforms to the requirements set forth in M21-1, Part VI, Subpart i, 1.B.1.b in accordance with 38 CFR 3.103(f).
Reference:  For more information on the denial of benefits, see M21-1, Part VI, Subpart i, 1.A.3.

4.  Reconsidering the Status of a Child Deemed Permanently Incapable of Self-Support

Introduction
This topic contains information on reconsidering the status of a child deemed permanently incapable of self-support, including

Change Date
April 22, 2021

X.ii.6.B.4.a.  Consequences of the Marriage of a Child Deemed Permanently Incapable of Self-Support
Entitlement to benefits based on a child’s permanent incapacity for self-support ends when the child marries, except in the case of a child of a Spanish-American or Indian War Veteran.
Under the laws in effect prior to April 1, 1944, the marriage of children of Spanish-American or Indian War Veterans
  • merely creates a presumption that the child is no longer permanently incapacitated, and
  • under 38 CFR 3.950, positive proof of continuing incapacity can overcome the presumption.
Reference:  For more information on developing for permanent incapacity for self-support, see M21-1, Part X, Subpart ii, 6.B.2.

X.ii.6.B.4.b.  Discontinuing an Award Due to Marriage
Follow the instructions in the table below upon receipt of notice of the marriage of a child deemed permanently incapable of self-support.
Note:  It is not necessary to refer the case to the rating activity.
If …
Then …
VA is paying benefits to the child
discontinue the child’s award effective the first day of the month in which the marriage occurred.
the child is a dependent on a beneficiary’s award
remove the child from the award effective the first day of the month following the month in which the marriage occurred.
Important:  If the beneficiary is receiving pension, and removal of the child will result in an increase in benefits, follow the instructions in M21-1, Part IX, Subpart iii, 1.F.3.i.
References:  For more information on

X.ii.6.B.4.c.  Restoring the Award if the Marriage Is Dissolved
Use the table below to determine when to restore an award if the marriage of a child deemed permanently incapable of self-support is dissolved.
If the marriage of a child deemed permanently incapable of self-support was terminated by death or divorce …
Then benefits payable to or for the child …
prior to November 1, 1990
can be restored.
Note:  The instruction in this cell assumes VA determined the child’s incapacity for self-support
  • did not cease during the period of marriage, and
  • will not cease in the future.
Reference:  For more information on the marriage of a child deemed permanently incapable of self-support that was terminated by death or divorce prior to November 1, 1990, see
on or after November 1, 1990
cannot be restored after marriage unless the marriage is
  • annulled, or
  • determined to be void.
Reference:  For more information on criteria necessary to restore benefits, see 38 CFR 3.55(b)(1).

X.ii.6.B.4.d.  Handling Subsequent Findings of Competency
The rating activity must decide whether a child continues to be permanently incapable of self-support under the following conditions:
  • VA receives evidence showing, or a Veterans Service Center Manager or Pension Management Center Manager certifies, that a court of jurisdiction has ruled the child is competent, and
  • the rating activity previously decided the child is incompetent for VA purposes.
References:  For more information on

X.ii.6.B.4.e.  Handling Discontinuance of a Surviving Spouse’s Entitlement
Use the table below to determine the action to take if an award of DIC or Survivors Pension to a surviving spouse, which includes benefits for a child deemed permanently incapable of self-support, is discontinued because the surviving spouse is no longer entitled.
If VA deemed the child permanently incapable of self-support based on…
Then …
mental impairment
refer the claim to the rating activity, if the child is otherwise entitled to benefits in their own right, to determine whether the child is competent to handle their own funds.
Note:  If the rating activity determines the child is competent to handle their own funds, benefits may be paid directly to the child.
References:  For more information on the action taken concerning the surviving spouse’s award
physical impairment
authorize payment to or on behalf of the child, if the child is otherwise entitled to benefits in their own right, without referral to the rating activity, as described in

5.  Discontinuance of Benefits When a Child Is No Longer Permanently Incapable of Self-Support

Introduction
This topic contains information on the discontinuance of benefits when a child is no longer permanently incapable of self-support, including

Change Date
January 6, 2025

X.ii.6.B.5.a.  Protection of Disability Ratings Under 38 U.S.C. 110
Disability ratings are provided some protection from reduction under 38 U.S.C. 110.  This protection does not apply to a rating of permanent incapacity for self-support.

X.ii.6.B.5.b.  Considering Qualification Under School Attendance Provisions
Determine whether the child may be entitled to benefits as a schoolchild before discontinuing benefits based on a child’s permanent incapacity for self-support.

X.ii.6.B.5.c.  Procedure for Reducing or Discontinuing Benefits
Follow the steps in the table below upon receipt of
  • information showing a child deemed permanently incapable of self-support has
    • obtained employment, or
    • otherwise regained the capacity for self-support, or
  • a request from the beneficiary to remove a child deemed permanently incapable of self-support from their award based on the child potentially regaining the capacity for self-support.
Exception:  If a beneficiary requests removal of the child from the award, but there is no indication that the reason for the request is the child potentially regaining the capacity for self-support or getting married, it should be treated as a request for a partial renouncement of benefits and denied, as provided in
Step
Action
1
Develop to obtain the following information about the child from the beneficiary:
  • the nature of the child’s employment and income
  • whether or not the child’s employment is
    • full time
    • permanent
    • temporary, or
    • therapeutic, and
  • any other pertinent evidence relating to the child’s capacity for self-support.
2
  • Extend the suspense date 30 days from the date of the development letter under
    • EP 020 (if the beneficiary is entitled to disability compensation or DIC), or
    • EP 120 (if the beneficiary is entitled to pension).
  • Go to the next step when the response period expires or when the beneficiary responds to the development letter, whichever occurs first.
3
Refer the case to the rating activity for a determination as to whether or not the child is still permanently incapable of self-support.
4
Did the rating activity confirm the child remains permanently incapable of self-support?
  • If yes,
    • notify the beneficiary of the decision, and
    • disregard the remaining steps in this table.
  • If no, go to the next step.
5
Was the initial information showing the child has regained the capacity for self-support received from the beneficiary (making a notice of proposed adverse action and due process unnecessary)?
  • If yes, go to Step 9.
  • If no, go to the next step.
6
  • Send the beneficiary a notice of proposed adverse action that informs the beneficiary of
    • VA’s proposal to discontinue or reduce benefits (whichever applies) because the child is no longer permanently incapable of self-support
    • the evidence VA considered in making its decision
    • the basis for the decision
    • the beneficiary’s procedural rights, and
    • the 60-day time limit for submitting evidence showing the child remains permanently incapable of self-support.
  • Go to the next step when the beneficiary responds to the notice of proposed action or 65 days after sending the notice of proposed adverse action, whichever occurs first.
Note:  If the beneficiary requests a hearing within 30 days of the date of the notice of proposed adverse action, go to the next step only after VA
  • holds the hearing, and
  • completes any other necessary development actions.
7
Refer the case to the rating activity for a final decision on the proposed adverse action.
8
Did the rating activity affirm the child is now capable of self-support?
  • If yes, go to the next step.
  • If no,
    • notify the beneficiary of VA’s determination that the child remains permanently incapable of self-support, and
    • disregard the remaining steps in this table.
9
Is the beneficiary entitled to pension?
  • If yes, go to the next step.
  • If no, go to Step 11.
10
  • Discontinue or reduce benefits (whichever applies), effective the date in the LAST PAID DATE field on the AWARD INFORMATION tab in Share.
  • Go to Step 12.
11
Discontinue or reduce benefits (whichever applies), effective the first of the month following the month in which a 60-day time period that commences on the date of the decision notice ends.
12
Prepare a decision notice that informs the beneficiary of
  • VA’s determination that the child is now capable of self-support, and
  • the action VA took based on its decision.
References:  For more information on