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Regulation · 38 CFR § 3.450

38 CFR 3.450: Which VA apportionment rules apply to a claim

§ 3.450 General Apportionment.

Claim Raven explanation

What this means

Sections 3.450 through 3.459 apply to apportionment claims VA receives on or after February 9, 2026. Existing apportionments being paid on that date continue until the circumstances supporting them end.

The effective transition matters because the 2026 revisions changed the apportionment framework. A continuing award is not a permanent guarantee; it continues only while the circumstances that created entitlement remain.

How this helps your claim

Apportionment means directing part of a VA benefit to another eligible person in the limited situations allowed by the governing rules. This section establishes the transition date and requires use of the form prescribed by the Secretary. It does not itself establish entitlement to an apportionment.

What to check in your records

Confirm when VA received the apportionment claim and whether the matter is a new claim or an existing payment continuing from February 9, 2026.

  • Keep the prescribed form and reliable proof of VA’s receipt date.
  • If payments were already being made on February 9, 2026, preserve the award record and the facts that supported the apportionment.
  • Document any event that may end the supporting circumstances, such as divorce or the death of a beneficiary or apportionee.

Establish the claim’s date and posture first

Before comparing substantive requirements, label the matter as a new post-February 9, 2026 claim or a preexisting apportionment. Keep the VA receipt date visible in your notes.

For a continuing award, track the relationship and beneficiary status that supported it. Report changes accurately and preserve VA’s resulting notice.

Does this section mean any dependent can request part of a veteran’s benefit?

No. It sets scope, transition, and form rules. The limited substantive circumstances for apportionment appear in the following sections.

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Official regulatory text

38 CFR § 3.450

eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.

§ 3.450 General Apportionment.

(a) Applicability. Sections 3.450 through 3.459 apply to all claims for apportionment VA receives on or after February 9, 2026.

(b) Existing apportionments. All apportionments being paid as of February 9, 2026, will continue to be paid until the circumstances that provided entitlement to the apportionment no longer exist, such as divorce of the veteran and spouse, death of the primary beneficiary, death of an apportionee, or other such circumstances that provided entitlement to the apportionment.

(c) Apportionment application. Claims for apportionment must be submitted to VA on a form prescribed by the Secretary.

(Authority: 38 U.S.C. 501(a))

[91 FR 905, Jan. 9, 2026]

Related references

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