telephone. If a written request for information/evidence is necessary, follow the instructions in M21-1, Part III, Subpart iii, 5.A.1.i. a claim for additional compensation for a dependent is received while an EP 020 is pending establish an EP 130 add Dependency as a contention in the applicable system for each dependent the Veteran is claiming, and follow the instructions in the table below. the upfront development described in the opening paragraph of this block was mistakenly overlooked, and a rating decision has been completed and is awaiting promulgation follow the instructions in M21-1, Part III, Subpart iii, 5.L.1.d. References: For more information about undertaking development by telephone, see M21-1, Part III, Subpart iii, 1.B.1.c and d, and adding contentions in Modern Awards Processing – Development (MAP-D), see the , or the Veterans Benefits Management System (VBMS), see the .
an Individual That VA Does Not Recognize as a Veteran’s Dependent his/her claim without further development. Example: A deceased Veteran’s grandchild claims entitlement to VA survivor’s benefits. Reference: For more information on whom VA may recognize as a Veteran’s dependent, see M21-1, Part III, Subpart iii, 5.A.1.a. k. Interplay Between Federal, State and Foreign Laws VA benefit programs are authorized by Federal law (38 U.S.C.) that determines who is and who is not eligible for benefits. Some of the rules concerning VA’s recognition of a familial relationship between a Veteran and another individual are unique to VA benefit programs. Example: The continuous cohabitation requirement of . In many instances, VA incorporates State law or the law of foreign countries by reference. When making decisions on the issue of relationship, State law is relevant only to the extent that it is incorporated by reference into the body of Federal law governing VA eligibility determinations. Example: refers to local law for determining the basic validity of marriage. l. Duty of Claimants to Report Familial Relationships and Family Composition Family composition is determined objectively under applicable VA regulations. Claimants must accurately report familial relationships and family compositions when requested to do so by VA. Claimants seeking entitlement to disability compensation have the option of claiming or not claiming dependents. However, claimants seeking entitlement to any of VA’s income-based benefits must report all dependents and their income, and not manipulate family composition to maximize benefits. Example: Failure of a pension claimant to report a spouse with income or substantial assets would be considered manipulation to maximize benefits. 2. Burden of Proof and the Weighing of Evidence
Dear [Enter the claimant’s first and last name]: We received your correspondence indicating that you would like to file a claim to add a dependent to your award. VA regulations now require all claims to be submitted on a standardized form. What Should You Do? In order for us to begin processing your claim, you must complete, sign, and return a VA Form 21-686c, Declaration of Status of Dependents. You may also submit your claim through eBenefits. For more information regarding eBenefits, please see below. If you are claiming an unmarried child over the age of 18 but under the age of 23, who is attending school, you must also complete, sign, and return a VA Form 21-674, Request for Approval of School Attendance. We will take no further action until we receive your completed application for benefits. To locate the appropriate form(s), please visit the following website: . What is eBenefits? eBenefits provides electronic resources in a self-service environment to Servicemembers, Veterans, and their families. Use of these resources often helps us serve you faster! Through the eBenefits website you can: ● Submit claims for benefits and/or upload documents directly to the VA ● Request to add or change your dependents ● Update your contact and direct deposit information and view payment history ● Request Veterans Service Officer representation ● Track the status of your claim or appeal ● Obtain verification of military service, civil service preference, or VA benefits ● And much more! Enrolling in eBenefits is easy. Just visit for more information. If you submit a claim in the future, consider filing through eBenefits. Filing electronically, especially if you participate in our fully developed claim program, may result in a faster decision than if you submit your claim through the mail. [Veterans Service Organization (VSO) Decision Point] [If the claimant has a VSO or VA-recognized power of attorney (POA), insert the following text.] We sent a copy of this letter to [enter the name of the VSO/POA], who you have appointed as your representative. If you have questions or need assistance, you may also contact your representative. [If the claimant has no VSO or VA-recognized POA, insert the following text.] We have no record of you appointing a service organization or representative to assist you
f. Determing the Credibility of a Statement That No SSN Has Been Assigned or Requested Absent evidence to the contrary, accept as credible a statement from a beneficiary or claimant that no SSN has been assigned or requested, unless the individual who reportedly has no SSN receives Social Security or other Federal benefits, or has an account at a bank or other financial institution. When the conditions described in the above bullets exist, follow the instructions in the table below. Important: Do not accept oral certification that no SSN has been assigned or requested; a “wet” signature is required. Beneficiaries/claimants may submit the certified statement referenced in this block electronically, in person, or by mail. Step Action 1 Determine if VA is already paying benefits to or for the individual who reportedly has no SSN. If yes, proceed to the next step. If no, proceed to Step 4. 2 Issue notice of proposed adverse action to the beneficiary. In the notice, ask the beneficiary to furnish a statement from SSA confirming that SSA has not assigned an SSN to the individual in question, and inform the beneficiary that VA will discontinue benefits payable to or for the individual in question if the beneficiary does not provide the statement within 60 days. Reference: For more information about issuing notice of proposed adverse action, see M21-1, Part I, 2.B. 3 Determine if the beneficiary provide the statement from SSA within 65 days of the date of the notice of proposed adverse action. If yes, notify the beneficiary that VA will not take the action proposed in the notice of proposed adverse action, and disregard the remaining steps in this table. If no, discontinue benefits payable to or for the individual in question effective the first of the month following the month for which VA last paid benefits to or for the individual notify the beneficiary of the action taken, and
signed and completed VA Form 21-686c within one year of that date. Example: An “event,” for the purpose of this block, might include marriage birth of a child, or the assignment of a disability rating of 30 percent or higher for SC disabilities. Reference: For more information about determining the proper effective date for adding a dependent to a Veteran’s award, see .