A Child’s Permanent Incapacity for Self-Support

Overview

In This Section

This section contains the following topics:

Scroll sideways to see the full table.

1. General Information on a Child's Permanent Incapacity for Self-Support

Introduction

This topic contains general information on a child’s permanent incapacity for self-support, including

• effect of a child’s incapacity for self-support on Department of Veterans Affairs (VA) benefits
• acceptability of claims alleging a child is permanently incapable of self-support
• information necessary to establish the extent of the child's disability
• reporting facts based on personal observation
• handling claims received more than three months prior to the child's 18 th birthday
• responding to maturation of the local diary, and
• handling claims unaccompanied by evidence required to concede status as a child.

Change Date

February 3, 2022

X.ii.6.B.1.a. Effect of a Child’s Incapacity for Self-Support on VA Benefits

The Department of Veterans Affairs (VA) does not recognize as a dependent child an individual that is age 18 or older unless the individual

• is under the age of 23 and pursuing a course of instruction at an approved educational institution, or
• became permanently incapable of self-support by reason of mental or physical defect before reaching age 18.

VA has historically referred to an individual in the latter category as a helpless child.

References: For more information on

• general requirements for recognition of an individual as a child for VA purposes, see
• M21-1, Part VII, Subpart i, 3.A, and
• 38 CFR 3.57
• conditions which determine permanent incapacity for self-support, see 38 CFR 3.356, and
• deciding the issue of permanent incapacity for self-support, see M21-1, Part X, Subpart ii, 6.B.2.d.

X.ii.6.B.1.b. Acceptability of Claims Alleging a Child Is Permanently Incapable of Self-Support

Effective March 24, 2015, a claim for benefits that alleges a child is permanently incapable of self-support must be received on one of the prescribed forms listed in M21-1, Part II, Subpart iii, 1.A.1.a.

Use the table below to determine what action to take when communication on something other than a prescribed form is received indicating permanent incapacity for self-support of a child of a Veteran.

Scroll sideways to see the full table.

Note: The policy described in this block also applies to communications regarding a child’s incapacity for self-support that VA receives more than three months prior to the child’s 18 th birthday.

References: For more information on

• a request for application, see M21-1, Part II, Subpart iii, 2.G.1.a, and
• claims received more than three months prior to a child's 18 th birthday, see M21-1, Part X, Subpart ii, 6.B.1.e.

X.ii.6.B.1.c. Information Necessary to Establish the Extent of the Child's Disability

The information necessary to establish the extent of the child's disability includes

• the extent to which the child is and was, prior to reaching age 18, physically or mentally deficient, as evidenced by factors such as the ability to perform
• self-care functions, and
• ordinary tasks expected of a child of that age
• whether or not the child attended school and, if so, the maximum grade attended
• if any material improvement in the child’s condition has occurred
• if the child has ever been employed and, if so, the
• nature and dates of such employment, and
• amount of pay received
• whether or not the child has ever married, and
• a description of the child’s present condition.

X.ii.6.B.1.d. Reporting Facts Based on Personal Observation

The persons making statements pertaining to the child’s permanent incapacity for self-support should give detailed information of the facts known to them personally in regard to the child’s

• mental and physical condition when the child attained the age of 18 years, and
• present condition.

Important: All statements should indicate the basis of the knowledge of the facts reported and include the name and signature of the person making the statement.

X.ii.6.B.1.e. Handling Claims Received More Than Three Months Prior to the Child's 18 th Birthday

Do not request evidence or refer a claim to the rating activity more than three months prior to the child’s 18 th birthday.

If a claim alleging a child’s permanent incapacity for self-support is received more than three months prior to the child’s 18 th birthday

• inform the claimant that consideration will be deferred, and
• use diary code 03 (Helpless Child Review) to establish control for future development, if necessary, and referral of the claim to the rating activity approximately three months prior to the child’s 18 th birthday.

Notes:

• If the contention of a child's permanent incapacity for self-support is prematurely communicated on something other than a prescribed form, treat the correspondence as a request for application as discussed in M21-1, Part X, Subpart ii, 6.B.1.b. Do not inform the claimant of the deferral of consideration or establish local diary control in the absence of a valid claim on a prescribed form.
• At the time when the rating activity reviews the case, if the child’s disability is considered permanent in nature, the rating activity may order an examination without requiring any other medical evidence.

References: For more information on

• establishing a diary, see the Veterans Benefits Management System (VBMS) Awards User Guide, and
• responding to the maturation of the diary referenced in this block, see M21-1, Part X, Subpart ii, 6.B.1.f.

X.ii.6.B.1.f. Responding to Maturation of the Local Diary

Upon maturation of a local diary established in compliance with M21-1, Part X, Subpart ii, 6.B.1.e, the system will automatically establish an end product (EP) specific to the benefit type.

Once the EP has been automatically established, regional offices are responsible for completing any necessary development, to include issuance of a standard Section 5103 notice, if appropriate, and referring the claim to the rating activity.

References: For more information on

• developing for evidence of permanent incapacity for self-support, see M21-1, Part X, Subpart ii, 6.B.2.a, and
• EPs, see M21-4, Appendix B.

X.ii.6.B.1.g. Handling Claims Unaccompanied by Evidence Required to Concede Status as a Child

Follow the instructions in the table below if a substantially complete claim alleging a child is permanently incapable of self-support is not accompanied by evidence/information VA requires to establish the child’s age and relationship, as outlined in M21-1, Part VII, Subpart i, 3.A.

Important: Do not refer a claim alleging a child is permanently incapable of self-support to the rating activity before establishing the individual’s age and status as the child of the Veteran on whose service benefits are based.

Scroll sideways to see the full table.

References: For more information on

• establishing a child’s relationship to a Veteran, see
• M21-1, Part VII, Subpart i, 1.A, and
• M21-1, Part VII, Subpart i, 3.B, and
• decision notice requirements, see
• 38 CFR 3.103(f), and
• M21-1, Part VI, Subpart i, 1.B.1.b.

2. Developing for and Determining Permanent Incapacity for Self-Support

Introduction

This topic contains information on developing for and determining permanent incapacity for self-support, including

• when to send Section 5103 notice regarding the evidence required to establish permanent incapacity for self-support
• determining if a VA examination is necessary to determine permanent incapacity for self-support
• rating activity considerations in claims alleging a child’s permanent incapacity for self-support
• deciding the issue of permanent incapacity for self-support, and
• scheduling reexaminations in rare cases involving a child’s permanent incapacity for self-support.

Change Date

September 11, 2025

X.ii.6.B.2.a. When to Send Section 5103 Notice Regarding the Evidence Required to Establish Permanent Incapacity for Self-Support

Use the table below to determine when to send Section 5103 notice regarding the evidence required to establish a child is permanently incapable of self-support.

Scroll sideways to see the full table.

References: For more information on

• processing FDCs, see M21-1, Part X, Subpart i, 2.B
• prescribed forms for the submission of claims involving a child's permanent incapacity for self-support, see M21-1, Part II, Subpart iii, 1.A.1.a, and
• the action to take when a claimant does not respond to Section 5103 notice within the 30-day response period, see M21-1, Part X, Subpart ii, 6.B.2.d.

X.ii.6.B.2.b. Determining if a VA Examination Is Necessary to Determine Permanent Incapacity for Self-Support

A VA examination is not routinely required to determine a child’s permanent incapacity for self-support, as entitlement is established based on the level of disability prior to the child’s 18 th birthday. In most cases, historical evidence is the most relevant to making this factual determination. However, in the rare instances where the rating activity determines an examination is necessary to resolve conflicting evidence, supervisory (assistant coach or above) review and approval of the examination request must be documented in a VBMS note.

Reference: For more information on evaluating conflicting evidence, see M21-1, Part V, Subpart ii, 1.A.4.b.

X.ii.6.B.2.c. Rating Activity Considerations in Claims Alleging a Child’s Permanent Incapacity for Self-Support

Rating determinations will be made under the provisions of 38 CFR 3.356, which requires the child to be permanently incapable of self-support through the child's own efforts due to physical or mental disabilities as of reaching age 18.

The question of permanent incapacity is one of fact for determination by the rating activity based on competent evidence of record.

References: For more information on

• the definition of competent evidence, see M21-1, Part V, Subpart ii, 1.A.2.c
• when to request evidence of permanent incapacity for self-support, see M21-1, Part X, Subpart ii, 6.B.2.a, and
• considering the competency of children permanently incapable of self-support, see M21-1, Part X, Subpart ii, 6.A.2.c.

X.ii.6.B.2.d. Deciding the Issue of Permanent Incapacity for Self-Support

The table below describes what happens after

• a claimant has established the
• age of a child the claimant alleges is permanently incapable of self-support, and
• child’s relationship to the Veteran on whose service the claimed benefit is based, and
• all appropriate development actions to obtain evidence regarding the child’s capacity for self-support are complete.

Scroll sideways to see the full table.

X.ii.6.B.2.e. Scheduling Reexaminations in Rare Cases Involving a Child’s Permanent Incapacity for Self-Support

Following a determination of permanent incapacity for self-support, the rating activity may request a reexamination or other form of development, but only under the most unusual of circumstances when evidence compellingly supports the notion that the child may become capable of self-support in the future.

Any reexamination deemed necessary by the rating activity must be

• reviewed and approved by a supervisor (assistant coach or above), with the approval documented in a VBMS note
• fully justified in the rating decision’s narrative, and
• scheduled within not less than two years, but not more than five years, following the finding of permanent incapacity for self-support.

In a case involving a future examination or developmental control,

• establish a diary code 03 (Helpless Child Review), and
• upon expiration of the control, establish EP 020, 120, or other appropriate EP control, and refer the case to the rating activity for a decision as to whether or not to
• schedule an examination, or
• refer the case to the authorization activity for further development of the child’s current status.

Note: If the future diary is not cleared timely, an EP will be system-generated indicating that the action is due.

References: For more information on

• establishing a diary, see the VBMS Awards User Guide
• determining the need for review examinations, see
• 38 CFR 3.327, and
• M21-1, Part IV, Subpart ii, 1.A, and
• EPs, see M21-4, Appendix B.

3. Awarding and Denying Benefits to or for a Child a Claimant Alleges Is Permanently Incapable of Self-Support

Introduction

This topic contains information on awarding and denying benefits to or for a child a claimant alleges is permanently incapable of self-support, including

• awards involving a child who is permanently incapable of self-support when the benefit is
• disability compensation
• Veterans Pension
• Survivors Pension, and
• Dependency and Indemnity Compensation (DIC)
• determining the proper effective date of an award
• preparing an award, and
• preparing a decision notice.

Change Date

April 22, 2021

X.ii.6.B.3.a. Awards Involving a Child Who Is Permanently Incapable of Self-Support When the Benefit Is Disability Compensation

If the Veteran qualifies for additional compensation for dependents, add the additional allowance for a child determined to be permanently incapable of self-support.

Note: Handle an apportionment for a child permanently incapable of self-support in the same manner as for a minor child, but do not use a future discontinuance date.

References: For more information on

• adjustments due to addition of a dependent, see M21-1, Part VII, Subpart i, 1.C, and
• adjusting apportioned awards, see M21-1, Part VI, Subpart iv, 2.

X.ii.6.B.3.b. Awards Involving a Child Who Is Permanently Incapable of Self-Support When the Benefit Is Veterans Pension

A child permanently incapable of self-support is a dependent in protected pension cases when determining a Veteran’s statutory income limitation. In current-law pension cases, such a child is a dependent for the purpose of determining monthly payments.

Reference: For more information on establishment of a child in current-law pension cases, see M21-1, Part IX, Subpart iii, 1.F.1.c.

X.ii.6.B.3.c. Awards Involving a Child Who Is Permanently Incapable of Self-Support When the Benefit Is Survivors Pension

Add a child who is permanently incapable of self-support to a surviving spouse’s award of Survivors Pension.

Pay Survivors Pension to a child (or to the child's fiduciary) when the child is permanently incapable of self-support and otherwise entitled to a separate award of the benefit.

Reference: For more information on Survivors Pension, see M21-1, Part I, Subpart ii, 2.2.b.

X.ii.6.B.3.d. Awards Involving a Child Who Is Permanently Incapable of Self-Support When the Benefit Is DIC

Make a separate award of Dependency and Indemnity Compensation (DIC) to a child if the child is 18 or older and permanently incapable of self-support, even though the surviving spouse may

• be receiving DIC benefits, and
• have custody of the child.

Exception: Do not pay DIC directly to a child if the rating activity has determined the child is not competent to manage benefit payments.

Reference: For more information on DIC, see

• M21-1, Part XII, Subpart i, 3.A, and
• M21-1, Part XII, Subpart i, 4.A.

X.ii.6.B.3.e. Determining the Proper Effective Date of an Award

The rating activity is responsible for

• determining the effective date of entitlement to benefits based on a finding that a child is permanently incapable of self-support, and
• entering the date in VBMS-Rating.

The authorization activity determines the effective date of payment.

Consideration must be given to

• the type of claim filed
• the date of claim, and
• when the child turned 18.

References: For more information on

• establishing an effective date for an award to or for a child who is permanently incapable of self-support, see 38 CFR 3.403(a)(1)
• effective dates for additional compensation for dependents, see M21-1, Part VII, Subpart i, 1.C, and
• the difference between the effective date of entitlement and the effective date of payment, see M21-1, Part VI, Subpart i, 1.A.2.b.

X.ii.6.B.3.f. Preparing an Award

When preparing an award to or for a minor, or a child who is both permanently incapable of self-support and incompetent, follow guidance in M21-1, Part X, Subpart ii, 6.E.2.

Reference: For more information on processing decisions, see M21-1, Part VI, Subpart i, 1.A.2.

X.ii.6.B.3.g. Preparing a Decision Notice

After VA decides a claim for benefits for a child the claimant alleges is permanently incapable of self-support, provide the claimant a decision notice that meets the requirements outlined in M21-1, Part VI, Subpart i, 1.B.1.b in accordance with 38 CFR 3.103(f).

Reference: For more information on the denial of benefits, see M21-1, Part VI, Subpart i, 1.A.3.

4. Reconsidering the Status of a Child Deemed Permanently Incapable of Self-Support

Introduction

This topic contains information on reconsidering the status of a child deemed permanently incapable of self-support, including

• consequences of the marriage of a child deemed permanently incapable of self-support
• discontinuing an award due to marriage
• restoring the award if the marriage is dissolved, and
• handling
• subsequent findings of competency, and
• discontinuance of a surviving spouse’s entitlement.

Change Date

April 22, 2021

X.ii.6.B.4.a. Consequences of the Marriage of a Child Deemed Permanently Incapable of Self-Support

Entitlement to benefits based on a child’s permanent incapacity for self-support ends when the child marries, except in the case of a child of a Spanish-American or Indian War Veteran.

Under the laws in effect prior to April 1, 1944, the marriage of children of Spanish-American or Indian War Veterans

• merely creates a presumption that the child is no longer permanently incapacitated, and
• under 38 CFR 3.950, positive proof of continuing incapacity can overcome the presumption.

Reference: For more information on developing for permanent incapacity for self-support, see M21-1, Part X, Subpart ii, 6.B.2.

X.ii.6.B.4.b. Discontinuing an Award Due to Marriage

Follow the instructions in the table below upon receipt of notice of the marriage of a child deemed permanently incapable of self-support.

Note: It is not necessary to refer the case to the rating activity.

Scroll sideways to see the full table.

References: For more information on

• when to restore an award if a marriage is dissolved, see M21-1, Part X, Subpart ii, 6.B.4.c
• when to apply due process, see M21-1, Part I, Subpart i, 1.B
• reducing or discontinuing benefits due to the marriage of a child, see M21-1, Part VII, Subpart i, 3.C.1
• an adjustment under 38 CFR 3.500(n)(2) of a surviving spouse’s or consolidated award in cases of marriage of a child, see M21-1, Part VII, Subpart i, 3.C.1.e, and
• discontinuing or adjusting an award to or for a child incapable of self-support for reasons other than the child’s marriage, see M21-1, Part X, Subpart ii, 6.B.5.c.

X.ii.6.B.4.c. Restoring the Award if the Marriage Is Dissolved

Use the table below to determine when to restore an award if the marriage of a child deemed permanently incapable of self-support is dissolved.

Scroll sideways to see the full table.

X.ii.6.B.4.d. Handling Subsequent Findings of Competency

The rating activity must decide whether a child continues to be permanently incapable of self-support under the following conditions:

• VA receives evidence showing, or a Veterans Service Center Manager or Pension Management Center Manager certifies, that a court of jurisdiction has ruled the child is competent, and
• the rating activity previously decided the child is incompetent for VA purposes.

References: For more information on

• considering the competency of a child deemed permanently incapable of self-support, see M21-1, Part X, Subpart ii, 6.A.2.c, and
• supervised direct payment, see M21-1, Part X, Subpart ii, 6.D.4.

X.ii.6.B.4.e. Handling Discontinuance of a Surviving Spouse’s Entitlement

Use the table below to determine the action to take if an award of DIC or Survivors Pension to a surviving spouse, which includes benefits for a child deemed permanently incapable of self-support, is discontinued because the surviving spouse is no longer entitled.

Scroll sideways to see the full table.

5. Discontinuance of Benefits When a Child Is No Longer Permanently Incapable of Self-Support

Introduction

This topic contains information on the discontinuance of benefits when a child is no longer permanently incapable of self-support, including

• protection of disability ratings under 38 U.S.C. 110
• considering qualification under school attendance provisions, and
• procedure for reducing or discontinuing benefits.

Change Date

January 6, 2025

X.ii.6.B.5.a. Protection of Disability Ratings Under 38 U.S.C. 110

Disability ratings are provided some protection from reduction under 38 U.S.C. 110. This protection does not apply to a rating of permanent incapacity for self-support.

X.ii.6.B.5.b. Considering Qualification Under School Attendance Provisions

Determine whether the child may be entitled to benefits as a schoolchild before discontinuing benefits based on a child’s permanent incapacity for self-support.

X.ii.6.B.5.c. Procedure for Reducing or Discontinuing Benefits

Follow the steps in the table below upon receipt of

• information showing a child deemed permanently incapable of self-support has
• obtained employment, or
• otherwise regained the capacity for self-support, or
• a request from the beneficiary to remove a child deemed permanently incapable of self-support from the award based on the child potentially regaining the capacity for self-support.

Exception: If a beneficiary requests removal of the child from the award, but there is no indication that the reason for the request is the child potentially regaining the capacity for self-support or getting married, it should be treated as a request for a partial renouncement of benefits and denied, as provided in

• 38 CFR 3.106
• M21-1, Part X, Subpart iv, 4.1.a, and
• M21-1, Part VII, Subpart i, 1.C.4.i.

Scroll sideways to see the full table.

References: For more information on

• rating activity determinations regarding a child’s incapacity for self-support, see M21-1, Part X, Subpart ii, 6.B.2.c
• the date of discontinuance of an award to or for a child deemed permanently incapable of self-support, see 38 CFR 3.503(a)(3), and
• notice of proposed adverse action requirements, see M21-1, Part X, Subpart ii, 3.A.