Verification of Marital Status and the Status of Dependents

Overview

In This Section

This section contains the following topics:

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1. Means for Periodically Verifying the Marital Status of Surviving Spouses in Receipt of DIC and the Status of Dependents for Whom Veterans Receive Additional Compensation

Introduction

This topic contains information about the means the Department of Veterans Affairs (VA) uses to periodically verify the marital status of surviving spouses in receipt of DIC and the status of dependents for whom Veterans receive additional compensation, including

• forms VA uses for verification purposes
• content of the cover letter that accompanies VA Form 21-0538 and VA Form 21P-0537
• benefit of the verification process, and
• action to take when automatic issuance of a VA Form 21-0538 or VA Form 21P-0537 fails.

Change Date

November 14, 2024

VII.i.1.B.1.a. Forms VA Uses for Verification Purposes

Each month, the Hines Information Technology Center (ITC) automatically releases

• VA Form 21-0538, Mandatory Verification of Dependents, to Veterans in receipt of additional compensation for a spouse and/or child(ren), and
• VA Form 21P-0537, Marital Status Questionnaire, to surviving spouses in receipt of Dependency and Indemnity Compensation (DIC).

Cases are automatically selected for review eight years subsequent to the month an initial award is processed and beneficiaries will receive a request to complete one of the above forms.

Upon release of the forms, a 60-day diary is automatically established in the corporate record to control for their return.

VII.i.1.B.1.b. Content of the Cover Letter That Accompanies VA Form 21-0538 and VA Form 21P-0537

The cover letter that accompanies VA Form 21-0538 and VA Form 21P-0537

• instructs beneficiaries to respond within 60 days from the date of the request for completion of the form, and
• informs beneficiaries that failure to respond will result in the reduction or discontinuation of benefits.

The cover letter that accompanies VA Form 21-0538 includes an enclosure that identifies (by name) the spouse and/or child(ren)

• for whom the Department of Veterans Affairs (VA) is currently paying additional compensation, and
• whose status is subject to verification.

VII.i.1.B.1.c. Benefit of the Verification Process

Beneficiaries occasionally fail to notify VA of life events (such as the death of a dependent or remarriage of a surviving spouse) that require a reduction or discontinuance of VA benefits.

The more time that passes before VA learns of the event, the larger the overpayment becomes that VA will ultimately create when it finally adjusts such beneficiaries’ awards.

Requiring the completion of VA Form 21-0538 and VA Form 21P-0537 approximately once every eight years helps reduce the size of such overpayments.

Reference: For more information on a beneficiary’s obligation to periodically certify continued eligibility to benefits, see

• 38 CFR 3.652, and
• 38 CFR 3.500(v).

VII.i.1.B.1.d. Action to Take When Automatic Issuance of a VA Form 21-0538 or VA Form 21P-0537 Fails

When the Hines ITC cannot issue VA Form 21-0538 or VA Form 21P-0537, an 800 series work item (labeled Dependency Verification Letter Not Sent) is generated. When the work item appears in a regional office’s (RO’s) inventory, the RO must

• send the appropriate form to the beneficiary with a cover letter that includes the content described in M21-1, Part VII, Subpart i, 1.B.1.b
• establish a diary under diary code 30, Local Regional Office Special Use, that expires the month after a 60-day period that begins the later of the following dates:
• the date the work item was issued to the RO, or
• the date the RO sent the request for completion of the form to the beneficiary, and
• clear the pending 800 series work item.

References: For more information on

• establishing diaries, see the
• the Veterans Benefits Management System (VBMS) Core User Guide, and
• VBMS Awards User Guide, and
• 800 series work items, see M21-4, Appendix B.

2. Processing VA Form 21-0538 and VA Form 21P-0537

Introduction

This topic contains information on processing VA Form 21-0538 and VA Form 21P-0537, including

• system establishment of end product (EP) 330 upon receipt of VA Form 21-0538
• surviving spouse’s or Veterans’ option of verifying the status of dependents by telephone
• processing VA Form 21-0538
• processing VA Form 21P-0537
• VA Forms 21P-0537 showing the surviving spouse has not remarried
• unsigned and/or incomplete forms, and
• notifying other business lines of a change in status.

Change Date

August 6, 2025

VII.i.1.B.2.a. System Establishment of EP 330 Upon Receipt of VA Form 21-0538

The intake of VA Form 21-0538 via the Centralized Mail process described in M21-1, Part II, Subpart i, 1.A.1, triggers the automatic establishment of end product (EP) 330, Dependency Verification Review.

VII.i.1.B.2.b. Surviving Spouse’s or Veterans’ Option of Verifying the Status of Dependents by Telephone

A surviving spouse or Veteran may satisfy the requirement to complete VA Form 21P-0537 or VA Form 21-0538 by contacting a VA employee by telephone and providing the same information VA Form 21P-0537 or VA Form 21-0538 requires. The employee that takes the call must

• establish EP 330, Dependency Verification Review or EP 330, PMC Dependency Verification Review
• record on VA Form 27-0820, Report of General Information, the information the beneficiary provides, and
• upload the VA Form 27-0820 into the beneficiary’s electronic claims folder (eFolder).

VII.i.1.B.2.c. Processing VA Form 21-0538

Follow the steps in the table below when processing VA Form 21-0538 or the VA Form 27-0820 referenced in M21-1, Part VII, Subpart i, 1.B.2.b.

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Reference: For more information on adding notes in VBMS, see the VBMS Core User Guide.

VII.i.1.B.2.d. Processing VA Form 21P-0537

Follow the steps in the table below when processing VA Form 21P-0537 or the VA Form 27-0820 referenced in M21-1, Part VII, Subpart i, 1.B.2.b.

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VII.i.1.B.2.e. VA Forms 21P-0537 Showing the Surviving Spouse Has Not Remarried

After completing the actions described in M21-1, Part VII, Subpart i, 1.B.2.d, follow the steps in the table below if a surviving spouse reports on VA Form 21P-0537 that no remarriage has occurred since the death of the Veteran.

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VII.i.1.B.2.f. Unsigned and/or Incomplete Forms

After completing the actions described in M21-1, Part VII, Subpart i, 1.B.2.c or d, follow the instructions in the table below if

• a beneficiary fails to sign a VA Form 21-0538 or VA Form 21P-0537, or
• the form is otherwise incomplete.

Notes:

• M21-1, Part VII, Subpart i, 1.B.2.c or d, contain instructions for handling forms that are complete except for the date of an event that may require adjustment of a beneficiary’s award.
• Do not treat VA Form 21P-0537 as incomplete when the
• form confirms the marital status of the surviving spouse has not changed, and
• information the surviving spouse failed to provide on the form is of record in the Veteran's claims folder.

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VII.i.1.B.2.g. Notifying Other Business Lines of a Change in Status

Follow the instructions in the table below to determine whether it is necessary to notify other business lines when a change in status is shown on VA Form 21P-0537 or VA Form 21-0538.

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3. Award Adjustments Based on Information Provided on a VA Form 21-0538 or VA Form 21P-0537

Introduction

This topic contains information on award adjustments that may be necessary based on information a beneficiary provides on VA Form 21-0538 or VA Form 21P-0537, including

• determining whether due process is necessary, and
• processing a
• VA Form 21-0538 that reveals a change in the status of a dependent(s)
• VA Form 21P-0537 that shows the surviving spouse has remarried
• VA Form 21-0538 that does not show the date of the event that necessitates removal of a former dependent(s) from a Veteran’s award, and
• VA Form 21P-0537 that does not show the date of change in a surviving spouse’s marital status.

Change Date

April 19, 2021

VII.i.1.B.3.a. Determining Whether Due Process Is Necessary

With few exceptions, the due process procedures set forth in M21-1, Part I, Subpart i, 1.B must be followed prior to the reduction or discontinuation of benefits.

Award adjustments based on information a beneficiary provides to VA, however, do not require due process. In these cases, provide the beneficiary

• contemporaneous notice of the reduction or discontinuation of benefits, and
• the reason for the effective date of the reduction.

Note: Awards may be adjusted based on information the beneficiary provides by telephone.

Reference: For more information on providing contemporaneous notice of a reduction or discontinuation of benefits, see M21-1, Part X, Subpart ii, 3.C.

VII.i.1.B.3.b. Processing a VA Form 21-0538 That Reveals a Change in the Status of a Dependent(s)

After completing the actions described in M21-1, Part VII, Subpart i, 1.B.2.c, or if referred by the instructions in M21-1, Part VII, Subpart i, 1.B.4.b or c, follow the steps in the table below if a change in the status of a Veteran’s dependent(s) necessitates removal of the dependent(s) from the Veteran’s award.

Important: M21-1, Part VII, Subpart i, 1.B.2.c contains instructions for handling a VA Form 21-0538 on which a Veteran failed to provide the date of an event that necessitates removal of a dependent(s) from the Veteran’s award.

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Note: Take the actions described in M21-1, Part VII, Subpart i, 3.B.6.i, in addition to the actions described in the table above, when

• a Veteran reports the death of a spouse or termination of marriage, and
• the spouse is the biological or adoptive parent of a stepchild(ren) for whom VA has paid or is paying the Veteran additional compensation.

VII.i.1.B.3.c. Processing a VA Form 21P-0537 That Shows the Surviving Spouse Has Remarried

After completing the actions described in M21-1, Part VII, Subpart i, 1.B.2.d, or if referred by the instructions in Step 6 of the table in M21-1, Part VII, Subpart i, 1.B.4.e, follow the steps in the table below if a surviving spouse in receipt of DIC reports on VA Form 21P-0537 that remarriage has occurred.

Note: Step 3 of the table in M21-1, Part VII, Subpart i, 1.B.2.d contains instructions for handling a VA Form 21P-0537 on which a surviving spouse failed to provide the date of remarriage.

Exception: It might be unnecessary to discontinue DIC if the surviving spouse

• remarried after age 57, or
• remarried after age 55 and the marriage took place on or after January 5, 2021.

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Reference: For more information on the effect of a surviving spouse’s remarriage, see

• M21-1, Part VII, Subpart i, 2.E, and
• 38 CFR 3.55(a)(10).

VII.i.1.B.3.d. Processing a VA Form 21-0538 That Does Not Show the Date of the Event That Necessitates Removal of a Former Dependent(s) From a Veteran’s Award

When referred to this block from M21-1, Part VII, Subpart i, 1.B.2.c, or Step 8 of the table in M21-1, Part VII, Subpart i, 1.B.4.b, because the Veteran failed to provide the date of an event that necessitates removal of a former dependent(s) from the Veteran’s award, attempt to contact the Veteran by telephone to obtain the date.

Follow the instructions in the table below only if attempts to obtain the date from the Veteran by telephone are unsuccessful.

Note: Follow the instructions in M21-1, Part III, Subpart i, 2.D.1.e for documenting successful and unsuccessful attempts to contact a beneficiary by telephone.

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VII.i.1.B.3.e. Processing a VA Form 21P-0537 That Does Not Show the Date of Change in a Surviving Spouse's Marital Status

When referred to this block from M21-1, Part VII, Subpart i, 1.B.2.d, because a surviving spouse reported on VA Form 21P-0537 that remarriage occurred but did not provide the date of the marriage, attempt to contact the surviving spouse by telephone to obtain the date.

Follow the instructions in the table below only if attempts to obtain the date from the surviving spouse by telephone are unsuccessful.

Note: Follow the instructions in M21-1, Part III, Subpart i, 2.D.1.e for documenting successful and unsuccessful attempts to contact a beneficiary by telephone.

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4. Failure to Return VA Form 21-0538 or VA Form 21P-0537

Introduction

This topic contains instructions for handling a beneficiary's failure to return a VA Form 21-0538 or VA Form 21P-0537, including

• how ROs are alerted that a beneficiary has failed to return VA Form 21-0538 or VA Form 21P-0537
• processing a(n)
• EP 130 that was generated because a Veteran failed to return VA Form 21-0538
• unsigned and/or incomplete VA Form 21-0538
• VA Form 21-0538 that does not show the date of the event that necessitates removal of a former dependent(s) from a Veteran’s award, and
• EP 130 that was generated because a surviving spouse failed to return VA Form 21P-0537, and
• handling cases in which a Veteran with a running apportionment fails to return VA Form 21-0538.

Change Date

August 6, 2025

VII.i.1.B.4.a. How ROs Are Alerted That a Beneficiary Has Failed to Return VA Form 21-0538 or VA Form 21P-0537

If the diary referenced in M21-1 Part VII, Subpart i, 1.B.1.a or d is not cancelled within 60 days from the date of the computer-generated request for completion of VA Form 21-0538 or VA Form 21P-0537, EP 130 is generated to alert ROs that the diary established to control for return of the form has expired.

Follow the instructions in

• M21-1, Part VII, Subpart i, 1.B.4.b to process an EP 130 that was generated because a Veteran failed to return VA Form 21-0538, or
• M21-1, Part VII, Subpart i, 1.B.4.e to process an EP 130 that was generated because a surviving spouse failed to return VA Form 21P-0537.

VII.i.1.B.4.b. Processing an EP 130 That Was Generated Because a Veteran Failed to Return VA Form 21-0538

The table below contains instructions for processing an EP 130 that was generated because a Veteran failed to return a VA Form 21-0538.

Important: Only the status of those dependents named on the enclosure that accompanies VA Form 21-0538 is subject to verification.

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Notes:

• VA will accept a completed VA Form 21-0538 (or VA Form 21-686c that meets the criteria set forth in Step 1 of the table above) from a Veteran whose benefits it reduced because the Veteran failed to return a completed VA Form 21-0538, regardless of the amount of time that has passed since the award adjustment. When this occurs,
• cancel the EP 330 referenced in M21-1, Part VII, Subpart i, 1.B.2.a or b
• establish EP 130, and
• follow the instructions in Step 22 of the table above.
• There is no requirement that VA Form 20-0995, Decision Review Request: Supplemental Claim, accompany the completed VA Form 21-0538 or the VA Form 21-686c referenced in the preceding note.

Reference: For more information on notifying a Veteran of a decision VA made and/or an action VA took, see M21-1, Part VI, Subpart i, 1.B.

VII.i.1.B.4.c. Processing an Unsigned and/or Incomplete VA Form 21-0538

When referred to this block from Step 12 of the table in M21-1, Part VII, Subpart i, 1.B.4.b, follow the instructions in the table below if

• a Veteran fails to sign a VA Form 21-0538, or
• the form is otherwise incomplete.

Exception: If VA Form 21-0538 is complete except for the date of an event that necessitates removal of a dependent from a Veteran’s award, follow the instructions in M21-1, Part VII, Subpart i, 1.B.4.d.

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VII.i.1.B.4.d. Processing a VA Form 21-0538 That Does Not Show the Date of the Event That Necessitates Removal of a Former Dependent(s) From a Veteran’s Award

When referred to this block from Step 12 of the table in M21-1, Part VII, Subpart i, 1.B.4.b, because a Veteran failed to provide the date of an event that necessitates removal of a former dependent(s) from the Veteran’s award, attempt to contact the Veteran by telephone to obtain the date.

Follow the instructions in the table below only if attempts to obtain the date from the Veteran by telephone are unsuccessful.

Note: Follow the instructions in M21-1, Part III, Subpart i, 2.D.1.e, for documenting successful and unsuccessful attempts to contact a beneficiary by telephone.

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VII.i.1.B.4.e. Processing an EP 130 That Was Generated Because a Surviving Spouse Failed to Return VA Form 21P-0537

The table below contains instructions for processing an EP 130 that was generated because a surviving spouse failed to return VA Form 21P-0537.

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Notes:

• VA will accept a completed questionnaire (or other evidence that meets the criteria set forth in Step 1 of the table above) from a surviving spouse whose benefits it discontinued because the surviving spouse failed to return the questionnaire, regardless of the amount of time that has passed since benefits were discontinued. When this occurs,
• establish EP 130, and
• follow the instructions in Step 13 of the table above.
• There is no requirement that VA Form 20-0995 accompany the completed questionnaire or the VA Form 21-686c referenced in the preceding note.

Reference: For more information on notifying a beneficiary of a decision VA made and/or an action VA took, see M21-1, Part VI, Subpart i, 1.B.

VII.i.1.B.4.f. Handling Cases in Which a Veteran With a Running Apportionment Fails to Return a VA Form 21-0538

Apportionments are not affected by a Veteran’s failure to return VA Form 21-0538.

If there is a running apportionment and the primary beneficiary fails to return the form after due process expires, VA will remove the dependent(s) from the primary beneficiary’s award but will not take any action on the running apportionment.

Exception: The removal of a Veteran's dependent(s) from the award based on failure to complete and return VA Form 21-0538 could force a reduction in the amount of an apportionment that VA made under the provisions of M21-1, Part VI, Subpart iv, 2.B.2. In such cases, claims processors must provide a notice of proposed adverse action to the apportionee(s) before reducing the apportionment.

5. Forms Returned as Undeliverable

Introduction

This topic contains information about handling VA Forms 21-0538 and VA Forms 21P-0537 that are returned as undeliverable due to an erroneous address, including the actions to take when the correct address of the intended recipient of the form is

• known, or
• unknown.

Change Date

August 6, 2025

VII.i.1.B.5.a. Correct Address of the Intended Recipient of the Form Is Known

Follow the instructions in the table below if

• a VA Form 21P-0537 or VA Form 21-0538 is returned to VA as undeliverable because the address is incorrect, and
• the correct address is known.

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VII.i.1.B.5.b. Correct Address of the Intended Recipient of the Form Is Unknown

Follow the steps in the table below if

• a VA Form 21P-0537 or VA Form 21-0538 is returned to VA as undeliverable because the address is incorrect, and
• the correct address of the intended recipient is unknown.

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6. Maintaining Data in the Corporate Record

Change Date

November 2, 2020

VII.i.1.B.6.a. Maintaining Data in the Corporate Record

Upon receipt of a completed VA Form 21P-0537, compare the information on the form against data in the corporate record. This specifically includes

• dates of birth
• Social Security numbers (SSNs), and
• the spelling of names.

If discrepancies exist or data is missing from the corporate record, use information from the form to update the corporate record.

References: For more information on

• viewing data in the corporate record and making updates to it, see the Share User Guide, and
• the requirement for disclosure of SSNs to VA, see M21-1, Part VII, Subpart i, 1.A.