Claim Raven explanation
What this means
This section permits apportionment in specific circumstances involving an incompetent veteran in government care, incarceration, certain dependent parents, or children of an incarcerated surviving spouse.
Entering active duty does not by itself support a new apportionment for a child, and an existing spouse apportionment that includes the child is not changed solely for that reason. Certain death-benefit amounts for multiple children are divided equally.
How this helps your claim
The rule that took effect for claims received on or after February 9, 2026 is narrower than a general hardship-based request. For a veteran, the listed circumstances involve incompetency and government-provided institutional care or qualifying incarceration. A surviving spouse’s DIC or pension can be apportioned to qualifying children in the stated incarceration situation.
What to check in your records
Identify the exact paragraph that could apply and gather proof of the required status, care, incarceration, relationship, and residence facts.
- Keep VA’s incompetency finding or the incarceration records relevant to sections 3.665 or 3.666.
- Document the spouse, child, or dependent-parent relationship and the benefit currently payable.
- For a child of an incarcerated surviving spouse, document whether the child lived with that spouse before incarceration.
Use the current rule’s specific categories
Do not rely on older summaries that describe a broad hardship apportionment standard. Match the post-2026 claim to the circumstances now listed in the regulation.
A short evidence table can help: required status, supporting document, date it began, and whether it continues. This makes it clear which element remains unproven.
Can financial hardship alone establish apportionment under this current section?
The current text lists particular incompetency, care, incarceration, and relationship circumstances. It should not be summarized as a general hardship rule for claims received on or after February 9, 2026.
Official regulatory text
38 CFR § 3.451
eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 3.451 Apportionment claims.
(a) General —
(1) Veteran. All or part of the pension or disability compensation payable to any veteran may be apportioned for the veteran's spouse, child, or children, or, in the case of disability compensation but not pension, for the veteran's dependent parent, if one of the following conditions exist:
(i) The veteran is incompetent and is being furnished hospital treatment, nursing home, or domiciliary care by the U.S., or any political subdivision thereof; or
(ii) The veteran is incarcerated and meets the conditions of § 3.665 or § 3.666.
(2) Surviving spouse. Where a child or children of a deceased veteran is not living with the veteran's surviving spouse because the surviving spouse is incarcerated and meets the conditions of § 3.665 or § 3.666, the dependency and indemnity compensation (DIC) or pension otherwise payable to the surviving spouse may be apportioned to the child or children. No apportionment shall be payable to a child who did not reside with the surviving spouse prior to incarceration.
(b) Apportionment to a child on active duty. No apportionment of disability or death benefits will be made or changed solely because a child has entered active duty. If an apportionment is claimed for a child on active duty on the date the apportionment claim is received by VA, no apportionment will be made. If an apportionment is being paid to the veteran's spouse and includes an amount for a child, and the child enters active duty, no change in the apportionment will be made.
(c) Apportionment of death benefits. Any amounts payable for children under §§ 3.454 and 3.455 will be equally divided among the children.
(Authority: 38 U.S.C. 5307, 5502(d))
[91 FR 905, Jan. 9, 2026]
Related references
- 38 CFR § 3.450: Which VA apportionment rules apply to a claim
- 38 CFR § 3.452: Apportionment while a veteran receives government care
- 38 CFR § 3.453: When VA will not apportion benefits
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