General Chapter 18 Benefits Information

Overview

In This Section

This section contains the following topics:

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1. Handling of Chapter 18 Benefits by the Denver RO

Change Date

August 3, 2020

VIII.i.3.A.1.a. Information on Controlling Chapter 18 Benefit Claims

The Denver Regional Office (RO) processes all claims for Chapter 18 benefits.

Use the table below to determine the action ROs must take upon receipt of a VA Form 21-0304, Application for Benefits for a Qualifying Veteran’s Child Born With Disabilities, or other supporting documents or evidence related to Chapter 18 benefits.

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Notes:

• ROs other than the Denver RO should not establish EPs for Chapter 18 benefit claims. All Chapter 18 claims will be tracked under the jurisdiction of the Denver RO.
• Concurrent EPs should not be sent to the Denver RO. The Denver RO only works the Chapter 18 issue.
• Do not transfer the Veteran’s claims folder or broker in VBMS.
• Claims for Chapter 18 benefits are worked under the child’s SSN and there is no claims folder for these claims.

2. Impact of Chapter 18 Benefits on Other VA Benefit Entitlements

Introduction

This topic contains information on the

• impact of Chapter 18 benefits on entitlement to other VA benefits, and
• prohibition on multiple Chapter 18 allowances.

Change Date

March 11, 2010

VIII.i.3.A.2.a. Impact of Chapter 18 Benefits on Entitlement to Other VA Benefits

Payment of Chapter 18 benefits has no effect on the right of the

• Chapter 18 beneficiary to receive any other Department of Veterans Affairs (VA) benefit to which the beneficiary may be entitled under VA law, with one exception, or
• Veteran on whose service the Chapter 18 benefits are based to receive additional compensation benefits for the Chapter 18 beneficiary.

Exception: VA regulations prohibit an individual pursuing a program of vocational training based on Chapter 18 eligibility to receive concurrent assistance under a Chapter 35 program.

Examples:

• An individual who is entitled to Dependency and Indemnity Compensation may also be eligible for Chapter 18 benefits.
• A child in receipt of Chapter 18 benefits may also be a dependent on the Veteran’s compensation award.

VIII.i.3.A.2.b. Prohibition on Multiple Chapter 18 Allowances

An individual is eligible to receive only one Chapter 18 monthly allowance.

Note: An individual currently receiving spina bifida benefits under 38 CFR 3.814 who has another qualifying birth defect under 38 CFR 3.815 will be paid the greater Chapter 18 monthly benefit.

3. Monthly Monetary Allowance

Introduction

This topic contains information on the monthly monetary allowance, including

• levels of monthly allowance payable for spina bifida and other covered birth defects, and
• Chapter 18
• beneficiaries under age 18, and
• incompetent beneficiaries.

Change Date

November 1, 2004

VIII.i.3.A.3.a. Levels of Monthly Allowance Payable for Spina Bifida and Other Covered Birth Defects

A monthly monetary allowance is payable at one of

• three levels to, or on behalf of, an individual with spina bifida, and
• four levels to, or on behalf of, an individual with other covered birth defects, which may or may not include spina bifida.

Note: Individuals with covered birth defects other than spina bifida may be evaluated at a noncompensable level (Level 0). Although these individuals are not compensated, they may be entitled to VA health care and vocational training.

References: For more information on the

• disability levels for individuals with spina bifida, see M21-1, Part VIII, Subpart i, 3.D.2.a.
• disability levels for individuals with other covered birth defects, see M21-1, Part VIII, Subpart i, 3.D.3.a, and
• rate of the monthly allowance designated for each disability level, see the VA Birth Defect Compensation Rates webpage.

VIII.i.3.A.3.b. Chapter 18 Beneficiaries Under Age 18

Beneficiaries of a monthly monetary allowance who are under the age of 18 will be paid as minor children in the custody of a parent or guardian.

VIII.i.3.A.3.c. Chapter 18 Incompetent Beneficiaries

Beneficiaries over the age of 18 may be determined to be incompetent under the provisions of 38 CFR 3.353.

4. Health Care and Vocational Training

Change Date

August 3, 2020

VIII.i.3.A.4.a. Availability of Health Care Coverage and Vocational Training

VA health care and vocational training are available to individuals who qualify for Chapter 18 benefits at any level of disability described under 38 CFR 3.814(d)(1) or 38 CFR 3.815(e)(1).

VA shall provide health care necessary for an eligible individual’s spina bifida and other covered birth defects and for any associated disability. (See 38 CFR 17.900-17.905.)

Important: Note the below VA policies regarding the extent of health care coverage under Chapter 18 benefits.

• Children born with spina bifida (with the exception of spina bifida occulta) are entitled to receive comprehensive health care coverage pursuant to Public Law 110-387, Section 408.
• For children born with certain birth defects other than spina bifida, health care coverage is limited to care for the birth defect or any disability associated with the birth defect(s).
• Health care is provided directly by VA, by contract with an approved health care provider, or by other arrangement with an approved health care provider.
• Pre-authorization for services is required in many cases.