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Updated Feb 18, 2022

In This Section
This section contains the topic, “Regulatory Information Regarding Estate Limitations.”

1.  Regulatory Information Regarding Estate Limitations

Introduction

 This topic contains historical information on regulations pertaining to estate limitations, including regulatory provisions

Change Date

 May 13, 2019

X.ii.6.H.1.a.  Regulatory 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.b.  Regulatory 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.c.  Regulatory 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.