#### § 161.15 Benefits for Disabled American Veterans (DAV).

This section describes the benefits for DAVs rated as 100 percent disabled or incapable of pursuing substantially gainful employment by the VA and their eligible dependents. Neither DAVs nor their eligible dependents receive CHC or DC benefits from the DoD based on their affiliation. Honorably discharged veterans rated by the VA as 100 percent disabled or incapable of pursuing substantially gainful employment from a service-connected injury or disease, and their dependents, are eligible for benefits as shown in Table 14 to this subpart.

Table 14 to Subpart C of Part 161—Benefits for 100 Percent DAVs and Dependents

| | CHC | DC | C | MWR | E |
| --- | --- | --- | --- | --- | --- |
| Self | No | No | Yes | Yes | Yes. |
| Spouse | No | No | Yes | Yes | Yes. |
| Children, Unmarried, Under 21 Years: | | | | | |
| Legitimate, adopted, stepchild, illegitimate child of record of female member, or illegitimate child of male member whose paternity has been judicially determined or voluntarily acknowledged | No | No | 1 | 1 | 1. |
| Ward | No | No | 3 | 3 | 3. |
| Pre-adoptive Child | No | No | 1, 4 | 1, 4 | 1, 4. |
| Foster Child | No | No | 1 | 1 | 1. |
| Children, Unmarried, 21 Years and Over | No | No | 5 | 5 | 5. |
| Parent, Parent-in-Law, Stepparent, or Parent-by-Adoption | No | No | 2 | 2 | 2. |
| | | | | | |
| --- | --- | --- | --- | --- | --- |
| **Notes:** | | | | | |
| 1. Yes, if dependent on an authorized sponsor for over 50 percent of the child's support. | | | | | |
| 2. Yes, if dependent on an authorized sponsor for over 50 percent of the parent's support and residing in the sponsor's household. | | | | | |
| 3. Yes, if, for determination of dependency made on or after July 1, 1994, placed in the legal custody of the member or former member as a result of a court of competent jurisdiction in the United States (or possession of the United States) for a period of at least 12 consecutive months; and: | | | | | |
| a. Is dependent on the member for over 50 percent support. | | | | | |
| b. Resides with the member or former member unless separated by the necessity of uniformed service or to receive institutional care as a result of a disability or incapacitation or under such other circumstances as the administering Secretary may, by regulation, prescribe. | | | | | |
| 4. Yes, if, for determinations of dependency made on or after October 5, 1994, placed in the home of the member or former member by a placement agency (recognized by the Secretary of Defense) or by another source authorized by State or local law to provide adoption placement, in anticipation of the legal adoption by the member or former member. | | | | | |
| 5. Yes, if the child: | | | | | |
| a. Has not attained the age of 23, is enrolled in a full-time course of study at an institution of higher learning approved by the administering Secretary, and is dependent on the authorized sponsor for over 50 percent of the child's support or | | | | | |
| b. Is incapable of self-support because of a mental or physical incapacity, and is dependent on the authorized sponsor for over 50 percent of the child's support. | | | | | |

[[81 FR 74879](https://www.federalregister.gov/citation/81-FR-74879), Oct. 27, 2016, as amended at [89 FR 11183](https://www.federalregister.gov/citation/89-FR-11183), Feb. 14, 2024]