Claim Raven explanation
What this means
VA will not apportion benefits without a claim filed by or for the spouse or child, and it bars apportionment in the forfeiture, treason, and subversive-activity circumstances listed here.
The rare national-security and forfeiture exclusions are specific. They should not be paraphrased as a broad character judgment about a claimant or dependent.
How this helps your claim
This section is a set of exclusions, not an independent route to payment. Even when none of the exclusions applies, the claim still must meet the positive requirements in the current apportionment rules.
What to check in your records
Confirm that the proper person filed a prescribed apportionment claim and review the record for any specific statutory forfeiture bar cited by VA.
- Keep the spouse’s claim or the claim filed by or for the child and proof of receipt.
- If VA cites forfeiture, preserve the exact decision and the statute or regulation it applies.
- Compare the exclusion with the separate section that supplies the claimed basis for apportionment.
Do not confuse an exclusion with eligibility
First identify the affirmative apportionment provision. Then check whether this section blocks payment. Passing the exclusion check does not by itself establish entitlement.
If the problem is simply that no claim was filed, use the prescribed form and preserve the receipt date. Do not assume another family member’s filing automatically covers the spouse or child.
Can VA create an apportionment for a child without a claim?
This section says an apportionment will not be authorized unless a claim is filed by or for the child. Other eligibility requirements still apply after filing.
Official regulatory text
38 CFR § 3.453
eCFR snapshot: 2026-09-17. Layout and spacing are adapted for reading. The full section and its tables are included below.
§ 3.453 Benefits not apportionable.
VA will not apportion benefits:
(a) Unless the spouse of a veteran files a claim for an apportionment. If there is a child of the veteran, an apportionment will not be authorized unless a claim for an apportionment is filed by or for the child.
(b) To any beneficiary's dependent who is determined by VA to have been guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the U.S. or its allies.
(c) After September 1, 1959, if a veteran, spouse, child, dependent parent, or other primary beneficiary:
(1) Forfeited benefits due to fraud or a treasonable act; or
(2) Was convicted of subversive activity.
Note 1 to § 3.453:
See §§ 3.900 through 3.903.
(Authority: 38 U.S.C. 5307, 6103(b), 6104(c), 6105(a))
[91 FR 906, Jan. 9, 2026]
Related references
- 38 CFR § 3.450: Which VA apportionment rules apply to a claim
- 38 CFR § 3.451: When VA benefits may be apportioned under the current rule
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