Establishing a Child’s Age and Relationship

Overview

In This Section

This section contains the following topics:

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1. General Requirements to Be Considered a Child

Introduction

This topic contains information on the general requirements that must be met in order for a person to be considered a child, including

• definition of child
• age requirement for a child, and
• marital status requirement for a child.

Change Date

May 17, 2016

VII.i.3.A.1.a. Definition: Child

The term child is defined in 38 CFR 3.57. It includes the following:

• the biological offspring of a Veteran, whether legitimate or illegitimate
• a child a Veteran legally adopted
• before the child’s 18 th birthday, or
• (except as noted in M21-1, Part VII, Subpart i, 3.B.4.c) while the child was between the ages of 18 and 23, if the child meets the school attendance criteria described in M21-1, Part VII, Subpart i, 3.A and B, or
• a stepchild who
• is a member of the Veteran’s household and acquired the status of stepchild before age 18, or
• became a stepchild of the Veteran between the ages of 18 and 23, is attending school, and is a member of the Veteran’s household or was a member at the time of the Veteran’s death.

References: For more information on

• establishing a biological child, adopted child, or stepchild as a Veteran’s child see M21-1, Part VII, Subpart i, 3.B
• the definition of stepchild, see M21-1, Part VII, Subpart i, 3.B.6.a
• children born to a same-sex spouse of a Veteran during the course of their marriage, see M21-1, Part VII, Subpart i, 3.B.6.b, and
• a surviving spouse’s adoption of a child after the Veteran’s death, see M21-1, Part VII, Subpart i, 3.B.3.a.

VII.i.3.A.1.b. Age Requirement for a Child

In order to be considered a child for Department of Veterans Affairs (VA) purposes, the individual must

• be under age 18
• have become permanently incapable of self-support before attaining age 18, or
• be between the ages of 18 and 23, pursuing a course of instruction at an approved educational institution, and
• a legitimate child
• a legally adopted child, or
• a stepchild who is a member of the Veteran’s household or was a member at the time of the Veteran’s death.

Note: A stepchild must meet the definition of a child, as set forth in 38 CFR 3.57, before VA may consider the stepchild a child who is incapable of self-support.

References: For more information on

• a child who is permanently incapable of self-support, see M21-1, Part X, Subpart ii, 6.B, and
• a child attending school who was adopted by the Veteran between the ages of 18 and 23, see 38 CFR 3.57 (a)(2).

VII.i.3.A.1.c. Marital Status Requirement for a Child

For the purpose of determining entitlement to additional compensation or pension, an individual must be unmarried in order to be considered a child.

Example: If a Veteran’s 16-year-old child is married, the Veteran is not entitled to additional benefits for the child.

Note: Under 38 CFR 3.55, the marriage of a child is not a bar to benefits if the marriage was void or declared annulled by a court of competent jurisdiction.

Reference: For more information on the marital status requirement for a child, see 38 CFR 3.57(a)(1).

2. Eligibility Requirements for a Child

Introduction

This topic contains information on eligibility requirements for a child, including

• circumstances under which VA may pay additional benefits for a child
• additional benefits for a child not living with the claimant, and
• effect of a child’s entry into active duty.

Change Date

March 4, 2021

VII.i.3.A.2.a. Circumstances Under Which VA May Pay Additional Benefits for a Child

VA may pay additional benefits for a child if the

• Veteran is entitled to pension
• Veteran has a single service-connected (SC) disability or multiple SC disabilities that is/are rated (individually or combined) at least 30-percent disabling, or
• child is in the custody of the surviving spouse of a deceased Veteran.

Note: In some instances, VA pays survivors benefits directly to the child of a deceased Veteran.

VII.i.3.A.2.b. Additional Benefits for a Child Not Living With the Claimant

If a child is not living with a claimant, the claimant must provide the name and address (physical or mailing) of the person with whom the child resides. Follow the instructions in the table below when a claimant fails to provide this information with his/her claim.

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Important:

• If a Veteran certifies the whereabouts of a child are unknown, recognize the child as a dependent as long as the Veteran furnishes current evidence showing child support payments are being made through a court or state agency.
• Do not recognize as a surviving spouse’s dependent a child that is not in the surviving spouse’s custody, even if the surviving spouse is providing financial support.

References: For more information on

• prescribed forms for submitting a claim, see M21-1, Part II, Subpart iii, 1.A.1.a
• the policy expressed in the first row of the table in this block, see M21-1, Part VII, Subpart i, 1.A.4, and
• documenting attempts to obtain information from a claimant by telephone, see M21-1, Part III, Subpart i, 2.D.1.e.

VII.i.3.A.2.c. Effect of a Child’s Entry Into Active Duty

An individual’s entry into active duty in the armed forces has no effect on the individual’s status as a child for VA purposes if all other requirements are met.

Note: In VAOPGCPREC 61-1990, the Office of General Counsel held that an established stepchild’s entry into active duty in the armed forces does not deprive him/her of continued status as a member of the Veteran’s household.

3. Establishing Age and Relationship

Introduction

This topic contains information on establishing a child’s age and his/her relationship to the Veteran, including

• information a claimant must provide to VA
• circumstances under which documentary evidence is required
• references for evidence requirements, and
• administrative decisions made by other agencies.

Change Date

May 24, 2017

VII.i.3.A.3.a. Information a Claimant Must Provide to VA

Before VA may pay benefits to or for a child, a claimant must provide VA with the child’s

• name
• Social Security number (SSN), if one has been assigned
• date of birth (month, day and year)
• birthplace (city and State, county and State, or (if the birth took place in a foreign country) city and country), and
• relationship to the Veteran.

Additional information, as described in M21-1, Part VII, Subpart i, 3.A.2.b, is required if the child does not reside with the claimant.

Notes:

• VA does not require a claimant to provide the State in which a birth took place if the city of birth, such as Chicago, is well-known.
• When a claimant states he/she has applied for an SSN for a child, send a development letter to the claimant that asks him/her to provide the child’s SSN to VA within 30 days from the date of the letter.

VII.i.3.A.3.b. Circumstances Under Which Documentary Evidence Is Required

In most cases, VA accepts the oral or written statement of a claimant as proof of a child’s age and relationship to a Veteran, without requiring the claimant to provide a birth certificate, as long as the statement includes the information described in M21-1, Part VII, Subpart i, 3.A.3.a.

Documentary evidence of a child’s age and relationship to the Veteran is required if

• the Veteran adopted the child, or
• at least one of the conditions described in 38 CFR 3.204(a)(2) exist:
• the claimant does not reside within a State
• the claimant’s statement on its face raises a question of its validity, or
• there is a reasonable indication of fraud or misrepresentation.

Important:

• Claims processors may concede the status of a surviving child if the child was a dependent on the Veteran’s compensation or pension award at the time of the Veteran’s death.
• Before delaying a decision on a claim for Dependency and Indemnity Compensation or Survivors Pension by undertaking development to establish a child’s relationship to a Veteran, make sure the evidence/information required to establish the relationship is not already of record.
• A State, as defined in 38 CFR 3.1(i), includes the
• District of Columbia
• Puerto Rico, and
• other territories and possessions of the U.S.
• Assume the claimant resides within a State when a claimant identifies a U.S. city as his/her home of record even if the mailing address is an Army Post Office or Fleet Post Office address.

Reference: For more information on requesting evidence from a claimant, see M21-1, Part III, Subpart i, 2.D.

VII.i.3.A.3.c. References for Evidence Requirements

Use the references in the table below if documentary evidence of age and/or relationship is required under M21-1, Part VII, Subpart i, 3.A.3.b.

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VII.i.3.A.3.d. Administrative Decisions Made by Other Agencies

Administrative decisions concerning a child’s age or relationship made by another government agency, such as the Social Security Administration, must be considered but are not binding on VA when determining entitlement to VA benefits.

4. Documentary Evidence of a Child’s Age

Introduction

This topic contains information about the documentary evidence that may be required to establish a child’s age, including

• primary documentary evidence of age
• secondary documentary evidence of age
• examples of acceptable secondary evidence, and
• information affidavits or certified statements must contain.

Change Date

March 21, 2016

VII.i.3.A.4.a. Primary Documentary Evidence of Age

A copy or abstract of the public record of birth is considered primary documentary evidence of a child’s age.

Important:

• A birth certificate created more than four years after the date of birth is acceptable as primary evidence only if it is consistent with other evidence of record.
• A birth certificate issued by a hospital is acceptable only as secondary evidence under M21-1, Part VII, Subpart i, 3.A.4.b and c.

VII.i.3.A.4.b. Secondary Documentary Evidence of Age

If a copy of a birth certificate is not available, a claimant may submit secondary documentary evidence of a child’s age. At a minimum, this evidence must show the child’s

• name
• date of birth
• place of birth, and
• mother’s name.

VII.i.3.A.4.c. Examples of Acceptable Secondary Evidence

The table below shows examples of

• secondary evidence, in order of preference, and
• the conditions under which VA will accept such evidence as proof of a child’s age.

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VII.i.3.A.4.d. Information Affidavits or Certified Statements Must Contain

Affidavits or certified statements of two or more disinterested persons regarding the age of a child must contain the following information:

• name and address of the affiant
• affiant’s date of birth
• description of the affiant's relationship to the child (if any)
• name of the child whose date of birth is at issue
• date and place of the child's birth
• names of both of the child's parents, and
• source of the affiant’s knowledge.