### Section G. Establishing Relationship for a Biological Child, Adopted Child, and Stepchild 

#### Overview

+------------+---------------------------------------------------------+
| #          | > This section contains the following topics:           |
| #### In th |                                                         |
| is Section |                                                         |
+------------+---------------------------------------------------------+

  ------------ ---------------------------------------------- -----------
  Topic        Topic Name                                     See Page

  37           Establishing the Relationship Between the      5-G-2
               Veteran and His/Her Biological Child           

  38           Establishing the Relationship of the Adopted   5-G-4
               Child to the Veteran                           

  39           Adoption by the Surviving Spouse               5-G-8

  40           Foreign Adoptions                              5-G-9

  41           Child Adopted Out of the Veteran's Family      5-G-13

  42           Establishing the Relationship Between the      5-G-16
               Veteran and His/Her Stepchild                  
  ------------ ---------------------------------------------- -----------

#### 37. Establishing the Relationship Between the Veteran and His/Her Biological Child

+------------+---------------------------------------------------------+
| ##### In   | > This topic contains information on establishing the   |
| troduction | > relationship between the veteran and his/her          |
|            | > biological child, including establishing the          |
|            | > biological child's relationship to a                  |
|            |                                                         |
|            | -   female veteran                                      |
|            |                                                         |
|            | -   male veteran married to the child's mother, and     |
|            |                                                         |
|            | -   male veteran not married to the child's mother.     |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### C    | > September 25, 2008                                    |
| hange Date |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### a. E | > Evidence adequate to establish the child's age as     |
| stablishin | > outlined in M21-1MR, Part III, Subpart iii, 5.F.33 is |
| g Child's  | > also adequate to establish the relationship of the    |
| Relationsh | > biological child to a female veteran.                 |
| ip to Fema |                                                         |
| le Veteran |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ####       | > Evidence adequate to establish the child's age as     |
| # b. Estab | > outlined in M21-1MR, Part III, Subpart iii, 5.F.33 is |
| lishing Ch | > also adequate to establish the relationship of a      |
| ild's Rela | > biological child to a male veteran married to the     |
| tionship t | > child's mother if the                                 |
| o Male Vet |                                                         |
| eran Marri | -   veteran was married to the child's mother at the    |
| ed to Chil |     time of the child's birth, and                      |
| d's Mother |                                                         |
|            | -   evidence shows that the veteran was the child's     |
|            |     father.                                             |
|            |                                                         |
|            | > ***Note***: If the evidence does not show that the    |
|            | > veteran was the child's father, fully develop the     |
|            | > facts of the situation, and make a determination as   |
|            | > to whether or not the veteran is the child's father.  |
|            | >                                                       |
|            | > ***Example***: The birth certificate shows no father  |
|            | > or shows someone other than the veteran as the        |
|            | > father.                                               |
+------------+---------------------------------------------------------+

Continued on next page

37\. Establishing the Relationship Between the Veteran and His/Her
Biological Child, Continued

+------------+---------------------------------------------------------+
| #####      | > If the veteran was not married to the child's mother  |
| c. Establi | > at the time of the child's birth, acceptable proof of |
| shing a Ch | > relationship consists of the following:               |
| ild's Rela |                                                         |
| tionship t | -   a written acknowledgement signed by the veteran     |
| o a Male V |                                                         |
| eteran Not | -   evidence that the veteran has been identified as    |
|  Married t |     the child's father by judicial decree ordering him  |
| o the Chil |     to contribute to the child's support or for other   |
| d's Mother |     purposes, and/or                                    |
|            |                                                         |
|            | -   any other secondary evidence that reasonably        |
|            |     supports a finding that a relationship exists, such |
|            |     as                                                  |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   a copy of the public record of birth or church      |
|            |     record of baptism showing that the veteran was the  |
|            |     informant and was named as the father of the child  |
|            |                                                         |
|            | -   certified statements of disinterested persons who   |
|            |     state that the veteran accepted the child as his,   |
|            |     and/or                                              |
|            |                                                         |
|            | -   information obtained from a service department, or  |
|            |     public records such as those maintained by school   |
|            |     or welfare agencies, that show the veteran, with    |
|            |     his knowledge, was named as the father of the       |
|            |     child.                                              |
|            |                                                         |
|            | > ***Notes***:                                          |
|            |                                                         |
|            | -   No particular format is required for the written    |
|            |     acknowledgment sent by the veteran. An application  |
|            |     for benefits, *VA Form 21-686c*, *Declaration of    |
|            |     Status of Dependent* or *VA* *Form* *21-4138*,      |
|            |     *Statement in Support of Claim*, may constitute an  |
|            |     acknowledgement as long as the forms are signed by  |
|            |     the veteran and he claims paternity.                |
|            |                                                         |
|            | -   A properly documented telephone call suffices as    |
|            |     acknowledgment of paternity by the veteran.         |
|            |                                                         |
|            | -   To request evidence required to establish the       |
|            |     veteran as the child's father, when the veteran was |
|            |     not married to the child's mother                   |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   Develop for the status of an illegitimate child via |
|            |     Modern Award Processing -- Development (MAP-D) or   |
|            |     send a locally-generated letter to request evidence |
|            |     needed, or                                          |
|            |                                                         |
|            | -   call the claimant to determine whether the evidence |
|            |     may be e-mailed or faxed.                           |
|            |                                                         |
|            | > ***Reference***: For more information on using MAP-D, |
|            | > see the MAP-D User Guide.                             |
+------------+---------------------------------------------------------+

#### 38. Establishing the Relationship of the Adopted Child to the Veteran

+------------+---------------------------------------------------------+
| ##### In   | > This topic contains information about establishing    |
| troduction | > the relationship of an adopted child to the veteran,  |
|            | > including                                             |
|            |                                                         |
|            | -   establishing the child's age and relationship to    |
|            |     the veteran                                         |
|            |                                                         |
|            | -   the definitions of                                  |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   ***interlocutory*** ***adoption***, and             |
|            |                                                         |
|            | -   ***adoptive*** ***placement*** ***agreement***      |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   additional benefits that may be paid from the date  |
|            |     of adoption                                         |
|            |                                                         |
|            | -   the legal effects of court decrees                  |
|            |                                                         |
|            | -   cases in which a child leaves the custody of the    |
|            |     adopted parent                                      |
|            |                                                         |
|            | -   the effect of revised birth certificate             |
|            |                                                         |
|            | -   impounded adoption records                          |
|            |                                                         |
|            | -   alternative evidence if the adoption decree may not |
|            |     be released, and                                    |
|            |                                                         |
|            | -   administrative decisions regarding adopted          |
|            |     children.                                           |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### C    | > September 25, 2008                                    |
| hange Date |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| #####      | > Request information about an adopted child status via |
|  a. Establ | > MAP-D development letter or a locally-generated       |
| ishing Chi | > letter to request a copy of the adoption decree or a  |
| ld's Age a | > copy of the adoptive placement agreement.             |
| nd Relatio | >                                                       |
| nship to t | > ***Reference***: For information for how to establish |
| he Veteran | > the child's age, see M21-1MR, Part III, Subpart iii,  |
|            | > 5.F.33.                                               |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ###        | > An ***interlocutory adoption*** is one that is not    |
| ## b. Defi | > final until some                                      |
| nition: In |                                                         |
| terlocutor | -   future point in time, or                            |
| y Adoption |                                                         |
|            | -   future events take place.                           |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### c. D | > An ***adoptive placement agreement*** is an agreement |
| efinition: | > between an agency authorized by law to arrange        |
|  Adoptive  | > adoptions and the adoptive parents.                   |
| Placement  | >                                                       |
| Agreement  | > ***Purpose***: The agreement gives the adoptive       |
|            | > parents custody of the child pending final adoption.  |
+------------+---------------------------------------------------------+

Continued on next page

38\. Establishing the Relationship of the Adopted Child to the Veteran,
Continued

+------------+---------------------------------------------------------+
| #          | > Under 38 CFR 3.403(a)(5), additional benefits may be  |
| #### d. Ad | > paid for an adopted child from the date of adoption.  |
| ditional B | > The date of adoption may be considered effective as   |
| enefits Th | > of the earlier of the date of                         |
| at May Be  |                                                         |
| Paid From  | -   final adoption                                      |
| the Date o |                                                         |
| f Adoption | -   interlocutory adoption                              |
|            |                                                         |
|            | -   adoptive placement agreement, or                    |
|            |                                                         |
|            | -   other legal action through any agency authorized    |
|            |     under law in which the claimant acquires custody of |
|            |     the child pending final adoption.                   |
|            |                                                         |
|            | > Additional benefits can be paid for a child based on  |
|            | > an interlocutory adoption, adoptive placement         |
|            | > agreement, or other legal action only as long as the  |
|            | > child remains in the actual custody of the adoptive   |
|            | > parents.                                              |
|            | >                                                       |
|            | > ***Reference***: For more information on establishing |
|            | > the relationship of an adopted child to a veteran,    |
|            | > see 38 CFR 3.57(c).                                   |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### e.   | > A court decree terminating parental rights and        |
| Legal Effe | > placing the child in the custody of the prospective   |
| cts of Cou | > adoptive parents does not form the basis for paying   |
| rt Decrees | > additional benefits for the child, as an adopted      |
|            | > child, unless an adoptive placement agreement, an     |
|            | > interlocutory adoption decree, or other legal action  |
|            | > in which the claimant acquires custody of the child   |
|            | > pending final adoption exists.                        |
|            | >                                                       |
|            | > ***Note***: If there is a question as to the legal    |
|            | > effect of a decree or order, request a Regional       |
|            | > Counsel opinion.                                      |
|            | >                                                       |
|            | > ***Reference***: For more information on the legal    |
|            | > effects of court decrees, see M21-1MR, Part III,      |
|            | > Subpart iii, 5.A.3.                                   |
+------------+---------------------------------------------------------+

Continued on next page

38\. Establishing the Relationship of the Adopted Child to the Veteran,
Continued

+------------+---------------------------------------------------------+
| #####      | > When a child recognized under an interlocutory        |
| f. When a  | > adoption decree, adoptive placement agreement, or     |
| Child Leav | > other legal action leaves the custody of the adoptive |
| es the Cus | > parent, or the court does not grant final approval of |
| tody of th | > the adoption, stop paying additional benefits for the |
| e Adoptive | > child effective the earlier of the date               |
|  Parent {# |                                                         |
| f.-when-a- | -   the child left the adopting parent's custody during |
| child-leav |     the interlocutory period                            |
| es-the-cus |                                                         |
| tody-of-th | -   of rescission or termination of the decree or       |
| e-adoptive |     adoption placement agreement, or                    |
| -parent .u |                                                         |
| nnumbered} | -   any other legal pre-adoption placement agreement is |
|            |     discontinued.                                       |
|            |                                                         |
|            | > ***Reference***: For more information on what happens |
|            | > when a child leaves the custody of the adoptive       |
|            | > parent, see 38 CFR 3.503(a).                          |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### g.   | > A copy of a revised birth certificate showing the     |
|  Effect of | > veteran as parent can be accepted to establish the    |
|  Revised B | > relationship of an adopted child, but only from the   |
| irth Certi | > date of receipt of the revised birth certificate.     |
| ficate {#g |                                                         |
| .-effect-o | > If only a revised birth certificate is received,      |
| f-revised- | > advise the claimant that benefits may be payable from |
| birth-cert | > an earlier effective date, subject to 38 CFR          |
| ificate .u | > 3.401(b), if *one* of the following is submitted:     |
| nnumbered} |                                                         |
|            | -   a copy of the adoption decree, or                   |
|            |                                                         |
|            | -   a copy of the adoptive placement agreement.         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### h. I | > The claimant is not required to furnish the final     |
| mpounded A | > decree of adoption if                                 |
| doption Re |                                                         |
| cords {#h. | -   the final decree of adoption may not routinely be   |
| -impounded |     released by the custodian of the record, or         |
| -adoption- |                                                         |
| records .u | -   the adoption decree may be released only upon       |
| nnumbered} |     petition to the court.                              |
+------------+---------------------------------------------------------+

Continued on next page

38\. Establishing the Relationship of the Adopted Child to the Veteran,
Continued

+------------+---------------------------------------------------------+
| ##         | > If the adoption decree may not be routinely released, |
| ### i. Alt | > relationship may be established by submission of the  |
| ernative E | > following:                                            |
| vidence if |                                                         |
|  the Adopt | -   a copy of the revised birth certificate, and        |
| ion Decree |                                                         |
|  May Not B | -   certified statements of at least two disinterested  |
| e Released |     parties who have personal knowledge of the          |
|            |     adoption.                                           |
|            |                                                         |
|            | > ***Notes***:                                          |
|            |                                                         |
|            | -   If available, obtain statements of the officials    |
|            |     involved in the adoption.                           |
|            |                                                         |
|            | -   If the alternative evidence is not available or is  |
|            |     deemed inconclusive, request an examination of the  |
|            |     impounded record by a field examiner.               |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### j. A | > Use the table below to determine when an              |
| dministrat | > administrative decision is required to establish an   |
| ive Decisi | > adopted child as the veteran's child for Department   |
| ons Regard | > of Veterans Affairs (VA) purposes.                    |
| ing Adopte |                                                         |
| d Children |                                                         |
|  {#j.-admi |                                                         |
| nistrative |                                                         |
| -decisions |                                                         |
| -regarding |                                                         |
| -adopted-c |                                                         |
| hildren .u |                                                         |
| nnumbered} |                                                         |
+------------+---------------------------------------------------------+

+----------------------------------+-----------------------------------+
| If ...                           | Then ...                          |
+----------------------------------+-----------------------------------+
| the adoption appears regular on  | no administrative decision is     |
| its face, and is uncontradicted  | required.                         |
+----------------------------------+-----------------------------------+
| questions of legal validity      | prepare a request for a legal     |
| remain                           | opinion.                          |
|                                  |                                   |
|                                  | ***Reference***: For more         |
|                                  | information on preparing a        |
|                                  | request for a legal opinion, see  |
|                                  | M21-1MR, Part III, Subpart iii,   |
|                                  | 5.A.3.                            |
+----------------------------------+-----------------------------------+
| an adopted child may not be      | prepare a two-signature           |
| established as the veteran's     | administrative decision using the |
| child for VA purposes            | format in M21-1MR, Part III,      |
|                                  | Subpart v, 1.A.2.                 |
|                                  |                                   |
|                                  | ***Note***: The Veterans Services |
|                                  | Center Manager (VSCM) may         |
|                                  | delegate authority to approve the |
|                                  | decision to supervisors not lower |
|                                  | than coaches/unit chiefs.         |
+----------------------------------+-----------------------------------+
| an adoption decision is          | no administrative decision is     |
| favorable                        | required.                         |
+----------------------------------+-----------------------------------+

#### 39. Adoption by the Surviving Spouse

+------------+---------------------------------------------------------+
| ##### C    | > August 14, 2006                                       |
| hange Date |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| #####      | > A child adopted by the veteran's spouse after the     |
| a. Require | > veteran's death may be established as the veteran's   |
| ments for  | > adopted child. Accept the statement of an adoptive    |
| Adoption b | > parent or custodian, in the absence of the evidence   |
| y the Surv | > to the contrary, showing                              |
| iving Spou |                                                         |
| se {#a.-re | -   the child was living in the veteran's household at  |
| quirements |     the time of the veteran's death                     |
| -for-adopt |                                                         |
| ion-by-the | -   the child was adopted by the surviving spouse under |
| -surviving |     an adoption decree issued within two years after    |
| -spouse .u |     the date of the veteran's death, and                |
| nnumbered} |                                                         |
|            | -   the major portion of the child's support was        |
|            |     provided by the veteran or the veteran's spouse     |
|            |     from the time the child became a member of the      |
|            |     veteran's household until the date of the adoption  |
|            |     decree.                                             |
|            |                                                         |
|            | > ***Reference***: For more information on adoption by  |
|            | > the veteran's surviving spouse, see                   |
|            |                                                         |
|            | -   38 CFR 3.57, and                                    |
|            |                                                         |
|            | -   38 CFR 3.210(c)(2).                                 |
+------------+---------------------------------------------------------+

#### 40. Foreign Adoptions

+------------+---------------------------------------------------------+
| ##### In   | > This topic contains information on foreign adoptions, |
| troduction | > including                                             |
|            |                                                         |
|            | -   special rules for foreign adoptions                 |
|            |                                                         |
|            | -   the definition of ***foreign jurisdiction***        |
|            |                                                         |
|            | -   recognition of an adopted child during the          |
|            |     veteran's lifetime                                  |
|            |                                                         |
|            | -   foreign adoption of a child by a surviving spouse   |
|            |                                                         |
|            | -   development of foreign adoption cases               |
|            |                                                         |
|            | -   control of established foreign adoption cases, and  |
|            |                                                         |
|            | -   determining the next steps in the control process.  |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### C    | > September 25, 2008                                    |
| hange Date |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### a.   | > In addition to the requirements for adopted children  |
|  Special R | > outlined in this section, special rules apply in all  |
| ules for F | > cases involving adoptions under the laws of a foreign |
| oreign Ado | > jurisdiction.                                         |
| ptions {#a |                                                         |
| .-special- |                                                         |
| rules-for- |                                                         |
| foreign-ad |                                                         |
| options .u |                                                         |
| nnumbered} |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| #          | > The term ***foreign jurisdiction*** refers to any     |
| #### b. De | > jurisdiction other than that of the                   |
| finition:  |                                                         |
| Foreign Ju | -   States, Territories, and possessions of the U.S.    |
| risdiction |                                                         |
|            | -   District of Columbia                                |
|            |                                                         |
|            | -   Commonwealth of Puerto Rico, and                    |
|            |                                                         |
|            | -   Commonwealth of the Northern Mariana Islands.       |
|            |                                                         |
|            | > ***Note***: For the purpose of foreign adoptions,     |
|            | > "veteran" includes Filipino veterans.                 |
+------------+---------------------------------------------------------+

Continued on next page

40\. Foreign Adoptions, Continued

+------------+---------------------------------------------------------+
| ###        | > A child residing outside the United States will *not* |
| ## c. Reco | > be considered to be a legally adopted child of the    |
| gnition of | > veteran during the veteran's lifetime *unless* the    |
|  Adopted C | > child meets *all* of the following requirements:      |
| hild Durin |                                                         |
| g Veteran' | -   the child was under age 18 at the time of adoption  |
| s Lifetime |                                                         |
|            | -   the veteran is providing at least half of the       |
|            |     child's annual support                              |
|            |                                                         |
|            | -   the child is not in the custody of a natural parent |
|            |     (unless the natural parent is the veteran's         |
|            |     spouse), and                                        |
|            |                                                         |
|            | -   the child is residing with the veteran or, in the   |
|            |     case of divorce following the adoption, with the    |
|            |     veteran's former spouse who is also the child's     |
|            |     adoptive or natural parent.                         |
|            |                                                         |
|            | > ***Notes***:                                          |
|            |                                                         |
|            | -   The above requirements apply *only* when the        |
|            |     adoption is under the laws of a foreign             |
|            |     jurisdiction *and* the child is residing outside    |
|            |     the United States.                                  |
|            |                                                         |
|            | -   The requirement that the child reside with the      |
|            |     veteran does *not* apply to periods during which    |
|            |     the child is away at school or to periods during    |
|            |     which the child or veteran is confined to a health  |
|            |     care facility or other institution.                 |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### d.   | > In the case of a foreign adoption of a child by a     |
|  Foreign A | > surviving spouse, *one* of the following requirements |
| doption of | > below must be met:                                    |
|  a Child b |                                                         |
| y a Surviv | -   at any time within the one-year period immediately  |
| ing Spouse |     preceding the veteran's death, the veteran was      |
|            |     entitled to or was receiving additional VA benefits |
|            |     for the child, or                                   |
|            |                                                         |
|            | -   the child was                                       |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   less than age 18 at the time of adoption            |
|            |                                                         |
|            | -   receiving at least half of his/her annual support   |
|            |     from the veteran for a period of at least one year  |
|            |     preceding the veteran's death, and                  |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   not in the custody of his/her natural parent unless |
|            |     that parent is the surviving spouse for a period of |
|            |     at least one year prior to the veteran's death.     |
+------------+---------------------------------------------------------+

Continued on next page

40\. Foreign Adoptions, Continued

+------------+---------------------------------------------------------+
| #####      | > Before a child adopted under the laws of a foreign    |
| e. Develop | > jurisdiction may be recognized for VA purposes,       |
| ment of Fo | > evidence meeting the requirements outlined in this    |
| reign Adop | > section must be of record along with an adoption      |
| tion Cases | > decree and birth certificate.                         |
|            | >                                                       |
|            | > ***Important***: A child adopted under the laws of a  |
|            | > foreign jurisdiction may not be established based on  |
|            | > an amended birth certificate alone, or a combination  |
|            | > of a birth certificate and an adoptive placement      |
|            | > agreement.                                            |
|            | >                                                       |
|            | > If the required evidence is not furnished with the    |
|            | > claim, issue a request for it and establish a 30-day  |
|            | > control. If the claimant's response raises doubt as   |
|            | > to the validity of the adoption decree or any factual |
|            | > issue, request a field examination by VA or a State   |
|            | > Department representative.                            |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### f.   | > Follow the steps in the table below to maintain       |
|  Control o | > control of foreign adoption cases.                    |
| f Establis |                                                         |
| hed Foreig |                                                         |
| n Adoption |                                                         |
|  Cases {#f |                                                         |
| .-control- |                                                         |
| of-establi |                                                         |
| shed-forei |                                                         |
| gn-adoptio |                                                         |
| n-cases .u |                                                         |
| nnumbered} |                                                         |
+------------+---------------------------------------------------------+

+-------+--------------------------------------------------------------+
| Step  | Action                                                       |
+-------+--------------------------------------------------------------+
| 1     | Set a master record control with reason code 22 for one year |
|       | from the date of establishment of the child.                 |
+-------+--------------------------------------------------------------+
| 2     | On expiration of the diary, establish a 60-day pending issue |
|       | control under end product (EP) code 130.                     |
+-------+--------------------------------------------------------------+
| 3     | Ask the beneficiary to furnish a certified statement         |
|       | indicating the                                               |
|       |                                                              |
|       | -   name and address of the person having custody of the     |
|       |     child, and                                               |
|       |                                                              |
|       | -   name and address of the person or persons who provide    |
|       |     the child's support, including the amount provided by    |
|       |     each.                                                    |
+-------+--------------------------------------------------------------+
| 4     | Advise the claimant that payments for the adopted child will |
|       | be discontinued unless the evidence requested is furnished   |
|       | within 60 days of the date of the letter.                    |
+-------+--------------------------------------------------------------+

Continued on next page

40\. Foreign Adoptions, Continued

+------------+---------------------------------------------------------+
| ##### g.   | > When the evidence is received, use the table below to |
|  Determini | > determine the next steps.                             |
| ng Next St |                                                         |
| eps in the |                                                         |
|  Control P |                                                         |
| rocess {#g |                                                         |
| .-determin |                                                         |
| ing-next-s |                                                         |
| teps-in-th |                                                         |
| e-control- |                                                         |
| process .u |                                                         |
| nnumbered} |                                                         |
+------------+---------------------------------------------------------+

+-----------------------------+----------------------------------------+
| If ...                      | Then ...                               |
+-----------------------------+----------------------------------------+
| the evidence establishes    | set a new master record control for    |
| the child's continuing      | one year from the current date under   |
| eligibility                 | diary reason 22 (Verify Income or      |
|                             | Dependency).                           |
|                             |                                        |
|                             | ***Note***: If the child's eligibility |
|                             | is confirmed for two consecutive       |
|                             | years, no additional diary controls    |
|                             | are needed.                            |
+-----------------------------+----------------------------------------+
| the evidence is unfavorable | -   prepare an administrative          |
|                             |     decision, and                      |
|                             |                                        |
|                             | -   inform the beneficiary of the      |
|                             |     decision.                          |
+-----------------------------+----------------------------------------+
| there is reasonable doubt   | request a field examination before     |
| as to the validity of the   | determining whether entitlement        |
| response                    | continues to exist.                    |
+-----------------------------+----------------------------------------+

#### 41. Child Adopted Out of the Veteran's Family

+------------+---------------------------------------------------------+
| ##### In   | > This topic contains information about adoption of a   |
| troduction | > veteran's child out of the veteran's family. It       |
|            | > includes information on                               |
|            |                                                         |
|            | -   the result of the adoption of a veteran's child by  |
|            |     someone outside the veteran's family (including     |
|            |     examples of such a situation)                       |
|            |                                                         |
|            | -   death benefits to a veteran's child adopted out of  |
|            |     the veteran's family, and                           |
|            |                                                         |
|            | -   requirements regarding additional Improved Pension  |
|            |     when a veteran's child is adopted outside of the    |
|            |     veteran's family.                                   |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### C    | > August 14, 2006                                       |
| hange Date |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### a.   | > The adoption of a veteran's child by a person outside |
|  Result of | > the veteran's family does *not* break the             |
|  the Adopt | > relationship between the veteran and child, even if   |
| ion of Vet | > the veteran's parental rights have been terminated.   |
| eran's Chi |                                                         |
| ld Out of  | > The child continues to be a child of the veteran for  |
| Family  {# | > VA purposes and may be the child of two different     |
| a.-result- | > veterans if the adoptive parent is a veteran also.    |
| of-the-ado |                                                         |
| ption-of-v | > ***Reference***: For more information on the adoption |
| eterans-ch | > of the veteran's child by a person outside the        |
| ild-out-of | > veteran's family, see 38 CFR 3.58.                    |
| -family .u |                                                         |
| nnumbered} |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ###        | > ***Situation***:                                      |
| ## b. Exam |                                                         |
| ple 1: Chi | -   Arnold receives disability compensation for         |
| ld Adopted |     disabilities rated 30 percent disabling.            |
|  Out of Fa |                                                         |
| mily {#b.- | -   He receives additional compensation for his son,    |
| example-1- |     Ted.                                                |
| child-adop |                                                         |
| ted-out-of | -   Arnold is divorced from Ted's mother, who has       |
| -family .u |     remarried John.                                     |
| nnumbered} |                                                         |
|            | -   John receives disability compensation for           |
|            |     disabilities rated 100 percent disabling.           |
|            |                                                         |
|            | -   He has adopted his stepson Ted.                     |
|            |                                                         |
|            |     > ***Decision***: Both Arnold and John may receive  |
|            |     > additional compensation for Ted. Ted may be       |
|            |     > Arnold's biological child and John's adopted      |
|            |     > child simultaneously.                             |
+------------+---------------------------------------------------------+

Continued on next page

41\. Child Adopted Out of the Veteran's Family, Continued

+------------+---------------------------------------------------------+
| ###        | > ***Situation***:                                      |
| ## c. Exam |                                                         |
| ple 2: Chi | -   Two veterans are married to each other.             |
| ld Adopted |                                                         |
|  Out of Fa | -   Each receives disability compensation for           |
| mily {#c.- |     disabilities rated 30 percent or higher.            |
| example-2- |                                                         |
| child-adop | -   Their biological child is adopted by two married    |
| ted-out-of |     veterans who each receive disability compensation   |
| -family .u |     for disabilities rated 30 percent or higher.        |
| nnumbered} |                                                         |
|            |     > ***Decision***: All four veterans may receive     |
|            |     > additional compensation for the child.            |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##         | > The table below describes death benefits to which a   |
| ### d. Dea | > child adopted out of the veteran's family may be      |
| th Benefit | > entitled under 38 CFR 3.703.                          |
| s to a Chi |                                                         |
| ld Adopted | > ***Note***: The term "same parental line" means       |
|  Out of Fa | > parents of the same sex.                              |
| mily {#d.- |                                                         |
| death-bene |                                                         |
| fits-to-a- |                                                         |
| child-adop |                                                         |
| ted-out-of |                                                         |
| -family .u |                                                         |
| nnumbered} |                                                         |
+------------+---------------------------------------------------------+

+-----------------+---------------+------------------------------------+
| When the        | And ...       | Then the child ...                 |
| child's parents |               |                                    |
| are ...         |               |                                    |
+-----------------+---------------+------------------------------------+
| two different   | either of the | is not eligible for death benefits |
| veterans in the | veterans died | based on the service of both       |
| same parental   | on or after   | veterans.                          |
| line            | June 9, 1960  |                                    |
+-----------------+---------------+------------------------------------+
|                 | *both*        | is not eligible for Dependency and |
|                 | veterans died | Indemnity Compensation (DIC) based |
|                 | *before* June | on the service of two deceased     |
|                 | 9, 1960       | veterans in the same parental      |
|                 |               | line.                              |
|                 |               |                                    |
|                 |               | ***Note***: The child may receive  |
|                 |               | DIC based on the service of one    |
|                 |               | parent and pension based on the    |
|                 |               | service of another parent of the   |
|                 |               | same sex.                          |
+-----------------+---------------+------------------------------------+
| two different   | **\-\--**     | may receive more than one death    |
| veterans not in |               | benefit.                           |
| the same        |               |                                    |
| parental line   |               | ***Example***: If a child's mother |
|                 |               | and father were both killed in     |
|                 |               | service, the child may be eligible |
|                 |               | for two DIC awards.                |
+-----------------+---------------+------------------------------------+

Continued on next page

41\. Child Adopted Out of the Veteran's Family, Continued

+------------+---------------------------------------------------------+
| ##### e. I | > 38 CFR 3.58 stipulates that a child adopted out of    |
| mproved Pe | > the veteran's family may remain a child of the        |
| nsion {#e. | > veteran for VA purposes. However, VA lacks authority  |
| -improved- | > to pay additional Improved Pension to a veteran on    |
| pension .u | > the basis of such a child, where the veteran is not   |
| nnumbered} | > reasonably contributing to the child's support and    |
|            | > the adoption divested the veteran of                  |
|            |                                                         |
|            | -   legal custody of the child, and                     |
|            |                                                         |
|            | -   the accompanying legal right to exercise parental   |
|            |     control and responsibility for the child's care and |
|            |     welfare.                                            |
|            |                                                         |
|            |     > The laws of the State in which the adoption took  |
|            |     > place control decisions of this nature.           |
|            |     > Therefore, refer these matters to the Regional    |
|            |     > Counsel.                                          |
|            |                                                         |
|            |     > ***References***: For more information on         |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   adoption out of the veteran's family, see           |
|            |     VAOPGCPREC 16-94, and                               |
|            |                                                         |
|            | -   child custody, see 38 CFR 3.57(d).                  |
+------------+---------------------------------------------------------+

#### 42. Establishing the Relationship Between the Veteran and His/Her Stepchild

+------------+---------------------------------------------------------+
| ##### In   | > This topic contains information about establishing    |
| troduction | > the relationship of a stepchild to the veteran. It    |
|            | > includes information on                               |
|            |                                                         |
|            | -   the definition of stepchild                         |
|            |                                                         |
|            | -   the requirement that the stepchild be a member of   |
|            |     the veteran's household                             |
|            |                                                         |
|            | -   establishing the relationship between a veteran and |
|            |     stepchild                                           |
|            |                                                         |
|            | -   obtaining evidence to establish the stepchild       |
|            |     relationship                                        |
|            |                                                         |
|            | -   child's biological parent separated from veteran at |
|            |     time of death                                       |
|            |                                                         |
|            | -   surviving spouse entitled to death pension;         |
|            |     stepchild status not recognized                     |
|            |                                                         |
|            | -   termination of marriage between the veteran and the |
|            |     child's parent                                      |
|            |                                                         |
|            | -   effect of divorce or separation of veteran and      |
|            |     child's biological or adoptive parent               |
|            |                                                         |
|            | -   action following divorce or separation of the       |
|            |     veteran and the child's biological or adoptive      |
|            |     parent or death of the natural parent               |
|            |                                                         |
|            | -   evidence of stepchild's status if the child resides |
|            |     apart from the veteran                              |
|            |                                                         |
|            | -   determination of household status for stepchild     |
|            |     when natural parent no longer resides in the        |
|            |     household                                           |
|            |                                                         |
|            | -   veteran responds to request for evidence of         |
|            |     stepchild status, and                               |
|            |                                                         |
|            | -   veteran does not respond to request for evidence of |
|            |     stepchild status.                                   |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### C    | > September 25, 2008                                    |
| hange Date |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##         | > The term ***stepchild*** for VA purposes refers to    |
| ### a. Def | > the legitimate or illegitimate child of the veteran's |
| inition of | > spouse. A child of a surviving spouse whose marriage  |
|  Stepchild | > to the veteran is deemed valid may be a stepchild.    |
|            |                                                         |
|            | > ***References***: For more information on             |
|            |                                                         |
|            | -   deemed valid marriages, see M21-1MR, Part III,      |
|            |     Subpart iii, 5.E.26, and                            |
|            |                                                         |
|            | -   the definition of legitimate and illegitimate       |
|            |     child, see 38 CFR 3.57(b).                          |
+------------+---------------------------------------------------------+

Continued on next page

42\. Establishing the Relationship Between the Veteran and His/Her
Stepchild, Continued

+------------+---------------------------------------------------------+
| #####      | > Under 38 CFR 3.57(a)(1), a stepchild must be or have  |
|  b. Requir | > been "in the veteran's household" in order to achieve |
| ement That | > stepchild status.                                     |
|  the Stepc |                                                         |
| hild Be a  | -   *If veteran is alive*: Stepchild must be a member   |
| Member of  |     of the veteran's household.                         |
| the Vetera |                                                         |
| n's Househ | -   *If veteran is deceased*: Stepchild must have been  |
| old {#b.-r |     a member of the veteran's household at the time of  |
| equirement |     the veteran's death.                                |
| -that-the- |                                                         |
| stepchild- |     > Although a stepchild may not actually reside with |
| be-a-membe |     > a veteran, VA considers a stepchild to be a       |
| r-of-the-v |     > member of a veteran's household if they must live |
| eterans-ho |     > apart                                             |
| usehold .u |                                                         |
| nnumbered} | -   for medical reasons                                 |
|            |                                                         |
|            | -   to attend school                                    |
|            |                                                         |
|            | -   to fulfill a military service obligation, or        |
|            |                                                         |
|            | -   for other similar reasons.                          |
|            |                                                         |
|            |     > Such a child is considered to be in the veteran's |
|            |     > "constructive custody" and the "member of the     |
|            |     > veteran's household" requirement is met.          |
|            |                                                         |
|            |     > In addition, a child is considered to be in the   |
|            |     > veteran's "constructive custody" if the child     |
|            |     > receives at least half of his/her support from    |
|            |     > the veteran (or was receiving at least half of    |
|            |     > his/her support from the veteran at the time of   |
|            |     > the veteran's death).                             |
|            |                                                         |
|            |     > ***Note***: Legal custody awarded to some person  |
|            |     > other than the veteran does *not* affect the      |
|            |     > stepchild's status as a child of the veteran as   |
|            |     > long as the child is actually a member of the     |
|            |     > veteran's household.                              |
|            |                                                         |
|            | > ***Reference***: For additional information on        |
|            | > determining household status, see M21-1MR, Part III,  |
|            | > Subpart iii, 5.G.42.i and M21-1MR, Part III, Subpart  |
|            | > iii, 5.G.42.k.                                        |
+------------+---------------------------------------------------------+

Continued on next page

42\. Establishing the Relationship Between the Veteran and His/Her
Stepchild, Continued

+------------+---------------------------------------------------------+
| ##### c. E | > Follow the steps in the table below to establish the  |
| stablishin | > relationship between a veteran and stepchild.         |
| g the Rela |                                                         |
| tionship B | > ***Reference***: For more information on establishing |
| etween a V | > the relationship between a veteran and stepchild, see |
| eteran and | > 38 CFR 3.210(d).                                      |
|  Stepchild |                                                         |
|  {#c.-esta |                                                         |
| blishing-t |                                                         |
| he-relatio |                                                         |
| nship-betw |                                                         |
| een-a-vete |                                                         |
| ran-and-st |                                                         |
| epchild .u |                                                         |
| nnumbered} |                                                         |
+------------+---------------------------------------------------------+

+-------+--------------------------------------------------------------+
| Step  | Action                                                       |
+-------+--------------------------------------------------------------+
| 1     | Establish the veteran's marriage to the child's biological   |
|       | or adoptive parent.                                          |
|       |                                                              |
|       | ***Reference***: For more information on valid marital       |
|       | relationships, see M21-1MR, Part III, Subpart iii, 5.E.20.   |
+-------+--------------------------------------------------------------+
| 2     | Establish the child's relationship to the biological or      |
|       | adoptive parent.                                             |
|       |                                                              |
|       | ***References***: For more information on establishing the   |
|       | relationship between a veteran and                           |
|       |                                                              |
|       | -   a biological child of the veteran's spouse, see M21-1MR, |
|       |     Part III, Subpart iii, 5.G.37, or                        |
|       |                                                              |
|       | -   an adopted child of the veteran's spouse, see M21-1MR,   |
|       |     Part III, Subpart iii, 5.G.38                            |
+-------+--------------------------------------------------------------+
| 3     | Establish that the child                                     |
|       |                                                              |
|       | -   is a member of the veteran's household (if the veteran   |
|       |     is still living), or                                     |
|       |                                                              |
|       | -   was a member of the veteran's household at the time of   |
|       |     the veteran's death (if the veteran is deceased).        |
+-------+--------------------------------------------------------------+

Continued on next page

42\. Establishing the Relationship Between the Veteran and His/Her
Stepchild, Continued

+------------+---------------------------------------------------------+
| ##### d    | > Use MAP-D or a locally-generated letter to request    |
| . Obtainin | > evidence of the stepchild relationship.               |
| g Evidence | >                                                       |
|  to Establ | > Request *all* of the following:                       |
| ish the St |                                                         |
| epchild Re | -   a copy of the child's birth certificate, showing    |
| lationship |     the mother's name                                   |
|            |                                                         |
|            | -   a copy of the certificate of marriage of the        |
|            |     veteran and the child's other parent                |
|            |                                                         |
|            | -   a statement as to whether or not the child became a |
|            |     member of the veteran's household before reaching   |
|            |     age 18, and                                         |
|            |                                                         |
|            | -   if confirming eligibility for a stepchild who no    |
|            |     longer resides in the veteran's home, also ask      |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   the veteran the reason why the child resides        |
|            |     outside of the veteran's home, and                  |
|            |                                                         |
|            | -   the veteran whether he or she provides at least     |
|            |     one-half of the child's total support.              |
|            |                                                         |
|            | > ***Note***: Evidence may be requested by telephone,   |
|            | > but the information given and received must be        |
|            | > properly documented on *VA Form 119, Report of        |
|            | > Contact.*                                             |
|            | >                                                       |
|            | > ***Reference***: For more information on obtaining    |
|            | > evidence by telephone, see M21-1MR, Part III, subpart |
|            | > iii, 1.B.2.e.                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### e    | > If the veteran and the child's biological parent      |
| . Child's  | > separated prior to the veteran's death, and the       |
| Biological | > parent was not at fault for the separation, then the  |
|  Parent Se | > parent may be established as the veteran's surviving  |
| parated Fr | > spouse. However, VA will not recognize the            |
| om Veteran | > relationship between the stepchild and veteran        |
|  at Time o | > unless, at the time of death, the child was a member  |
| f Death {# | > of the veteran's household (or in the veteran's       |
| e.-childs- | > constructive custody).                                |
| biological |                                                         |
| -parent-se | > ***References***:                                     |
| parated-fr |                                                         |
| om-veteran | -   For more information on termination of marriage by  |
| -at-time-o |     divorce or annulment, see M21-1MR, Part III,        |
| f-death .u |     Subpart iii, 5.B.7.                                 |
| nnumbered} |                                                         |
|            | -   For more information on the impact of the parents'  |
|            |     separation on the stepchild's status, see M21-1MR,  |
|            |     Part III, Subpart iii, 5.G.42.h.                    |
+------------+---------------------------------------------------------+

Continued on next page

42\. Establishing the Relationship Between the Veteran and His/Her
Stepchild, Continued

+------------+---------------------------------------------------------+
| ##### f    | > If the surviving spouse who was separated from the    |
| . Survivin | > veteran establishes entitlement to death pension, but |
| g Spouse E | > a stepchild relationship between the veteran and the  |
| ntitled to | > surviving spouse's child is not established, then the |
|  Death Pen |                                                         |
| sion; Step | -   child is not considered when determining the        |
| child Stat |     applicable maximum annual pension rate, and         |
| us Not Rec |                                                         |
| ognized {# | -   child's income is not a factor.                     |
| f.-survivi |                                                         |
| ng-spouse- |                                                         |
| entitled-t |                                                         |
| o-death-pe |                                                         |
| nsion-step |                                                         |
| child-stat |                                                         |
| us-not-rec |                                                         |
| ognized .u |                                                         |
| nnumbered} |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| #####      | > In cases where the marriage between the veteran and   |
|  g. Termin | > the child's parent terminated before the date of the  |
| ation of M | > veteran's entitlement to VA benefits, the child may   |
| arriage Be | > be established as a stepchild, provided               |
| tween the  |                                                         |
| Veteran an | -   the fact that marriage occurred can be established, |
| d the Chil |     and                                                 |
| d's Parent |                                                         |
|            | -   the child continues to be a member of the veteran's |
|            |     household                                           |
|            |                                                         |
|            | > ***References***:                                     |
|            |                                                         |
|            | -   For more information about a stepchild's membership |
|            |     in a veteran's household, see M21-1MR, Part III,    |
|            |     Subpart iii, 5.G.42.b.                              |
|            |                                                         |
|            | -   For more information on establishing the            |
|            |     relationship between the veteran and stepchild, see |
|            |     M21-1MR, Part III, Subpart iii, 5.G.42.c.           |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| #####      | > Once established, the stepchild relationship is not   |
|  h. Effect | > necessarily discontinued by divorce or separation of  |
|  of Divorc | > the veteran and the child's natural parent as long as |
| e or Separ | > the stepchild remains a member the veteran's          |
| ation of V | > household or in constructive custody of the veteran.  |
| eteran and |                                                         |
|  Child's B | > The child can be considered a member of the veteran's |
| iological  | > household, and the stepchild relationship remains     |
| or Adoptiv | > intact if the child physically resides                |
| e Parent { |                                                         |
| #h.-effect | -   with the veteran                                    |
| -of-divorc |                                                         |
| e-or-separ | -   apart from the veteran, but remains in the          |
| ation-of-v |     veteran's constructive custody, or                  |
| eteran-and |                                                         |
| -childs-bi | -   apart from the veteran, but the veteran still       |
| ological-o |     provides at least half of the stepchild's support.  |
| r-adoptive |                                                         |
| -parent .u | > ***Reference***: For information on obtaining         |
| nnumbered} | > evidence to establish the stepchild relationship, see |
|            | > M21-1MR, Part III, Subpart iii, 5.G.42.i.             |
+------------+---------------------------------------------------------+

Continued on next page

42\. Establishing the Relationship Between the Veteran and His/Her
Stepchild, Continued

+------------+---------------------------------------------------------+
| ##### i    | > When notice is received that the veteran is divorced  |
| . Action F | > or separated from the stepchild's parent, or the      |
| ollowing D | > natural parent is deceased, write or telephone the    |
| ivorce or  | > veteran and                                           |
| Separation |                                                         |
|  of the Ve | -   request                                             |
| teran and  |                                                         |
| the Child' | ```{=html}                                              |
| s Biologic | <!-- -->                                                |
| al or Adop | ```                                                     |
| tive Paren | -   the date of the event (unless already of record)    |
| t or Death |                                                         |
|  of the Na | -   a statement as to whether the stepchild remained    |
| tural Pare |     with the veteran or relocated to a different        |
| nt {#i.-ac |     address                                             |
| tion-follo |                                                         |
| wing-divor | -   a statement as to whether or not the veteran        |
| ce-or-sepa |     continues to support the stepchild and, if so, the  |
| ration-of- |     amount of the child's total monthly support and     |
| the-vetera |     amount the veteran provides for the child's         |
| n-and-the- |     support, and                                        |
| childs-bio |                                                         |
| logical-or | -   the child's current mailing address and the name of |
| -adoptive- |     the child's custodian (if the child is no longer    |
| parent-or- |     living with the veteran)                            |
| death-of-t |                                                         |
| he-natural | ```{=html}                                              |
| -parent .u | <!-- -->                                                |
| nnumbered} | ```                                                     |
|            | -   provide notice that                                 |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   if the child is no longer a member of the veteran's |
|            |     household, the additional benefits for the          |
|            |     stepchild must be discontinued from the award as of |
|            |     the day after the child left the veteran's          |
|            |     household, and                                      |
|            |                                                         |
|            | -   failure to respond to the request for information   |
|            |     may result in retroactive removal of the child from |
|            |     the award as of the day after the date of           |
|            |     separation or the death of the natural parent, or   |
|            |     the date the stepchild left the veteran's           |
|            |     household, whichever is earlier                     |
|            |                                                         |
|            | ```{=html}                                              |
|            | <!-- -->                                                |
|            | ```                                                     |
|            | -   establish a pending control for the due process     |
|            |     notification (EP 600) and dependency adjustment (EP |
|            |     130), and                                           |
|            |                                                         |
|            | -   allow 60 days for a response.                       |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ###        | > If a stepchild discontinues residing with a veteran,  |
| ## j. Evid | > develop for evidence showing that the "member of the  |
| ence of St | > veteran's household" criteria can still be met.       |
| epchild's  | > Generally, statements from the veteran, the           |
| Status If  | > stepchild's natural parent or legal custodian, or the |
| the Child  | > stepchild who has reached majority should be accepted |
| Resides Ap | > unless conflicting or contrary evidence is of record. |
| art From t |                                                         |
| he Veteran |                                                         |
+------------+---------------------------------------------------------+

Continued on next page

42\. Establishing the Relationship Between the Veteran and His/Her
Stepchild, Continued

+------------+---------------------------------------------------------+
| j\.        | > Normally, supporting, objective evidence should not   |
| Evidence   | > be needed to accept the veteran's statement           |
| of         |                                                         |
| S          | -   of the stepchild's place of residence, and          |
| tepchild's |                                                         |
| Status If  | -   that he or she pays at least one-half of the        |
| the Child  |     stepchild's support.                                |
| Resides    |                                                         |
| Apart From | > ***Reference***: For information about the criteria   |
| the        | > for a stepchild to be considered a member of the      |
| Veteran    | > veteran's household, see M21-1MR, Part III, Subpart   |
| (          | > iii, 5.G.42.b.                                        |
| continued) |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| #          | > After a child's natural parent is no longer residing  |
| #### k. De | > in the veteran's home, additional benefits for a      |
| terminatio | > stepchild may continue as long as VA determines the   |
| n of House | > child is a member of the veteran's household.         |
| hold Statu | > Although a stepchild may not live under the same      |
| s for Step | > roof, in certain situations the "member of the        |
| child When | > veteran's household" criteria may still be met if the |
|  Natural P | > child remains in the veteran's constructive custody.  |
| arent No L | >                                                       |
| onger Resi | > The following table is a guideline to determine the   |
| des in the | > household status of a stepchild.                      |
|  Household | >                                                       |
|            | > ***Note***: Each case should be assessed on its own   |
|            | > merits and continued eligibility may be determined in |
|            | > exceptional situations that do not comply with the    |
|            | > following guidelines. In such cases, a senior         |
|            | > veterans service representative (SVSR) should prepare |
|            | > an administrative decision, with approval by a coach  |
|            | > to authorize continued payment.                       |
+------------+---------------------------------------------------------+

+-----------------------+----------------------------------------------+
| Stepchild's Status    | Eligibility Determination                    |
+-----------------------+----------------------------------------------+
| -   Child resides     | -   Continue additional benefit for the      |
|     with veteran      |     child                                    |
|                       |                                              |
| -   Veteran claims    | -   Annotate award that continued stepchild  |
|     stepchild as      |     status is recognized, and                |
|     dependent         |                                              |
|                       | -   Notify the veteran of                    |
|                       |                                              |
|                       | ```{=html}                                   |
|                       | <!-- -->                                     |
|                       | ```                                          |
|                       | -   the reason benefits for the stepchild    |
|                       |     are being continued, and                 |
|                       |                                              |
|                       | -   the need to inform VA of any future      |
|                       |     change in the child's status             |
+-----------------------+----------------------------------------------+

Continued on next page

42\. Establishing the Relationship Between the Veteran and His/Her
Stepchild, Continued

  -----------------------------------------------------------------------
  k\. Determination of Household Status for Stepchild When Natural Parent
  No Longer Resides in the Household (continued)

  -----------------------------------------------------------------------

+-----------------------+----------------------------------------------+
| Stepchild's Status    | Eligibility Determination                    |
+-----------------------+----------------------------------------------+
| -   Child resides     | -   Continue additional benefit for the      |
|     apart due to      |     child                                    |
|                       |                                              |
| ```{=html}            | -   Annotate award that continued stepchild  |
| <!-- -->              |     status is recognized, and                |
| ```                   |                                              |
| -   school attendance | -   Notify the veteran of                    |
|                       |                                              |
| -   military service  | ```{=html}                                   |
|                       | <!-- -->                                     |
| -   medical           | ```                                          |
|     treatment, or     | -   the reason benefits for the stepchild    |
|                       |     are being continued, and                 |
| -   summer work       |                                              |
|                       | -   the need to inform VA of any future      |
| ```{=html}            |     change in the child's status             |
| <!-- -->              |                                              |
| ```                   |                                              |
| -   Veteran claims    |                                              |
|     stepchild as      |                                              |
|     dependent         |                                              |
+-----------------------+----------------------------------------------+
| -   Child resides     | -   Continue additional benefit for the      |
|     apart             |     child                                    |
|                       |                                              |
| -   Veteran pays      | -   Annotate award that continued stepchild  |
|     one-half or more  |     status is recognized, and                |
|     of child's        |                                              |
|     support, and      | -   Notify the veteran of                    |
|                       |                                              |
| -   Veteran claims    | ```{=html}                                   |
|     stepchild as      | <!-- -->                                     |
|     dependent         | ```                                          |
|                       | -   the reason benefits for the stepchild    |
|                       |     are being continued, and                 |
|                       |                                              |
|                       | -   the need to inform VA of any change in   |
|                       |     the child's status or level of support   |
+-----------------------+----------------------------------------------+
| -   Child resides     | -   Deny eligibility as the child is not in  |
|     apart             |     veteran's household and not in           |
|                       |     constructive custody                     |
| -   Veteran pays less |                                              |
|     than one-half of  | -   Discontinue additional benefits for the  |
|     child's support,  |     stepchild effective the first day        |
|     and               |     following departure from the veteran's   |
|                       |     home                                     |
| -   Veteran claims    |                                              |
|     stepchild as      | -   Make the finding as an administrative    |
|     dependent         |     decision                                 |
|                       |                                              |
|                       | ```{=html}                                   |
|                       | <!-- -->                                     |
|                       | ```                                          |
|                       | -   written by a SVSR, and                   |
|                       |                                              |
|                       | -   authorized by a coach                    |
|                       |                                              |
|                       | ```{=html}                                   |
|                       | <!-- -->                                     |
|                       | ```                                          |
|                       | -   Notify the veteran of the reason for     |
|                       |     discontinuance of the additional benefit |
|                       |     for the stepchild.                       |
+-----------------------+----------------------------------------------+

Continued on next page

42\. Establishing the Relationship Between the Veteran and His/Her
Stepchild, Continued

  -----------------------------------------------------------------------
  k\. Determination of Household Status for Stepchild When Natural Parent
  No Longer Resides in the Household (continued)

  -----------------------------------------------------------------------

+-----------------------+----------------------------------------------+
| Stepchild's Status    | Eligibility Determination                    |
+-----------------------+----------------------------------------------+
| -   Child resides     | -   Deny eligibility as the child is not in  |
|     apart             |     veteran's household and not in           |
|                       |     constructive custody.                    |
| -   Veteran does      |                                              |
|     *not* claim       | -   VSR makes a determination without need   |
|     stepchild as      |     for an administrative decision.          |
|     dependent         |                                              |
|                       | -   Discontinue additional benefits          |
|                       |     effective the first day following date   |
|                       |     of departure from the veteran's home.    |
|                       |                                              |
|                       | -   Notify the veteran of the reason for     |
|                       |     discontinuance of additional benefits    |
|                       |     for the stepchild.                       |
+-----------------------+----------------------------------------------+

+------------+---------------------------------------------------------+
| ##### l.   | > Use the table below when the veteran responds to the  |
|  Veteran R | > request for information about the status of the       |
| esponds to | > claimed stepchild within one year from the date of    |
|  Request f | > VA's request.                                         |
| or Evidenc |                                                         |
| e of Stepc |                                                         |
| hild Statu |                                                         |
| s {#l.-vet |                                                         |
| eran-respo |                                                         |
| nds-to-req |                                                         |
| uest-for-e |                                                         |
| vidence-of |                                                         |
| -stepchild |                                                         |
| -status .u |                                                         |
| nnumbered} |                                                         |
+------------+---------------------------------------------------------+

+-----------------------+----------------------------------------------+
| If the stepchild      | Then ...                                     |
| relationship ...      |                                              |
+-----------------------+----------------------------------------------+
| continues to exist    | -   no further award action is necessary,    |
| and the award has not |     and                                      |
| already been reduced  |                                              |
|                       | -   the pending EP should be cleared.        |
+-----------------------+----------------------------------------------+

Continued on next page

42\. Establishing the Relationship Between the Veteran and His/Her
Stepchild, Continued

  -----------------------------------------------------------------------
  l\. Veteran Responds to Request for Evidence of Stepchild Status
  (continued)

  -----------------------------------------------------------------------

+-----------------------+----------------------------------------------+
| If the stepchild      | Then ...                                     |
| relationship ...      |                                              |
+-----------------------+----------------------------------------------+
| continues to exist    | resume the additional amount for the         |
| and the additional    | stepchild effective the date of              |
| amount for the        | discontinuance.                              |
| stepchild was already |                                              |
| discontinued          |                                              |
+-----------------------+----------------------------------------------+
| no longer exists      | -   remove the child effective the date      |
|                       |     after the last day the child was a       |
|                       |     member of the veteran's household, and   |
|                       |                                              |
|                       | -   furnish contemporaneous notice.          |
|                       |                                              |
|                       |     ***Note***: The end-of-month rule does   |
|                       |     not apply.                               |
|                       |                                              |
|                       |     ***Reference***: See 38 CFR 3.503(a)(6)  |
|                       |     for more information.                    |
+-----------------------+----------------------------------------------+

+------------+---------------------------------------------------------+
| ####       | > Follow the steps in the table below if the veteran    |
| # m. Veter | > does *not* respond to the request for information     |
| an Does No | > about the status of a stepchild.                      |
| t Respond  |                                                         |
| to Request |                                                         |
|  for Evide |                                                         |
| nce of Ste |                                                         |
| pchild Sta |                                                         |
| tus {#m.-v |                                                         |
| eteran-doe |                                                         |
| s-not-resp |                                                         |
| ond-to-req |                                                         |
| uest-for-e |                                                         |
| vidence-of |                                                         |
| -stepchild |                                                         |
| -status .u |                                                         |
| nnumbered} |                                                         |
+------------+---------------------------------------------------------+

+-------+--------------------------------------------------------------+
| Step  | Action                                                       |
+-------+--------------------------------------------------------------+
| 1     | Wait 60 days from the date of the development/due process    |
|       | notification letter for the veteran to respond.              |
+-------+--------------------------------------------------------------+
| 2     | Determine the date on which the evidence of record indicates |
|       | the stepchild relationship ceased to exist.                  |
|       |                                                              |
|       | ***Note***: In the absence of evidence to the contrary,      |
|       | assume it was the day that the veteran and the stepchild's   |
|       | parent separated.                                            |
+-------+--------------------------------------------------------------+
| 3     | Remove the child from the award effective the day following  |
|       | the date the stepchild relationship was last shown to exist  |
|       | unless evidence is received indicating                       |
|       |                                                              |
|       | -   the stepchild relationship continues to exist, or        |
|       |                                                              |
|       | -   the stepchild should be removed effective another date.  |
+-------+--------------------------------------------------------------+