What this means
m21-1:X.ii.6.H explains historical information on estate limitations. In plain terms, the official guidance says prior to November 1, 2000, pension, compensation, or emergency officers’ pay was not payable to, or on account of, a Veteran who It also addresses effective November 1, 2000, under the provisions of Public Law (PL) 106-419, the estate limitation was increased to an amount equal to five times the monthly rate of compensation in effect under 38 U.S.C.
How this may help with a claim
Use m21-1:X.ii.6.H when organizing evidence or checking VA's handling of historical information on estate limitations. Compare your application, supporting records, and notice with this source-specific point: Prior to November 1, 2000, pension, compensation, or emergency officers’ pay was not payable to, or on account of, a Veteran who Effective November 1, 2000, under the provisions of Public Law (PL) 106-419, the estate limitation was increased to an amount equal to five times the monthly rate of compensation in effect under 38 U.S.C. Save proof of submission and identify the exact condition, exception, or missing development step before requesting correction or choosing a review option.
What to review in your file
- Check the file against this official condition: Only when the estate was subsequently reduced to $500 or less was payment to be resumed.
- Confirm that the record or notice addresses this source point: Payment was to be subsequently resumed when the estate was reduced to one-half the amount of this estate limitation per 38 CFR 3.558. The new values were effective on the same day that the increase in 38 U.S.C.
- Document how this stated step or exception applies: Prior to November 1, 2000, pension, compensation, or emergency officers’ pay was not payable to, or on account of, a Veteran who
Important limits
m21-1:X.ii.6.H explains VA guidance for historical information on estate limitations; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: Prior to November 1, 2000, pension, compensation, or emergency officers’ pay was not payable to, or on account of, a Veteran who Effective December 27, 2001, PL 107-103 eliminated the requirement in historic 38 CFR 3.557 to discontinue the payment of benefits because of the size of a Veteran’s estate.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Historical Information on Estate Limitations
- m21-1:X.ii.6.H
- Historical Estate Limitations
- Regulatory Regarding Estate Limitations
- effect prior November 2000
- effective November 2000
- effective December 2001.
- X.ii.6.H.1.a. Regulatory Provisions Effect
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the topic, “ Regulatory Information Regarding Estate Limitations.”
1. Regulatory Information Regarding Estate Limitations
Introduction
This topic contains historical information on regulations pertaining to estate limitations, including regulatory provisions
- in effect prior to November 1, 2000
- effective as of November 1, 2000, and
- effective as of December 27, 2001.
Change Date
May 13, 2019
X.ii.6.H.1.a. Regulatory Provisions in Effect Prior to November 1, 2000
Prior to November 1, 2000, pension, compensation, or emergency officers’ pay was not payable to, or on account of, a Veteran who
- was rated incompetent by the Department of Veterans Affairs had no spouse or child
- was institutionalized by the United States or any political subdivision thereof, and
- had an estate that equaled or exceeded $1,500.
Only when the estate was subsequently reduced to $500 or less was payment to be resumed.
X.ii.6.H.1.b. Regulatory Provisions Effective as of November 1, 2000
Effective November 1, 2000, under the provisions of Public Law (PL) 106-419, the estate limitation was increased to an amount equal to five times the monthly rate of compensation in effect under 38 U.S.C. 1114(j), and as found in the Veterans Compensation Benefits Rate Tables (the rate payable to a totally disabled Veteran with no dependents).
Payment was to be subsequently resumed when the estate was reduced to one-half the amount of this estate limitation per 38 CFR 3.558. The new values were effective on the same day that the increase in 38 U.S.C. 1114(j) became effective.
X.ii.6.H.1.c. Regulatory Provisions Effective as of December 27, 2001
Effective December 27, 2001, PL 107-103 eliminated the requirement in historic 38 CFR 3.557 to discontinue the payment of benefits because of the size of a Veteran’s estate.
Note: See historic M21-1, Part IV, Chapter 18, Subchapter VII for instructions for making retroactive adjustments that are effective prior to December 27, 2001.