his/her claim without further development. an Individual That VA Does Not Recognize A deceased grandchild claims entitlement to VA Example: Veteran’s as a Veteran’s survivor’s benefits. Dependent For more information on whom VA may recognize as a Reference: Veteran’s dependent, see M21-1, Part III, Subpart iii, 5.A.1.a. k. Interplay VA benefit programs are authorized by Federal law (38 U.S.C.) that Between determines who is and who is not eligible for benefits. Some of the rules Federal, State of a familial relationship between a Veteran and concerning VA’s recognition and Foreign another individual are unique to VA benefit programs. Laws The continuous cohabitation requirement of . Example: In many instances, VA incorporates State law or the law of foreign countries by reference. When making decisions on the issue of relationship, State law is relevant only to the extent that it is incorporated by reference into the body of Federal law governing VA eligibility determinations. refers to local law for determining the basic validity of marriage. Example: Family composition is determined objectively under applicable VA l. Duty of Claimants to regulations. Claimants accurately report familial relationships and must Report Familial family compositions when requested to do so by VA. Relationships and Family Claimants seeking entitlement to disability compensation have the option of Composition claiming or not claiming dependents. However, claimants seeking entitlement to any of benefits must VA’s income-based report dependents and their income, and all manipulate family composition to maximize benefits. not Failure of a pension claimant to report a spouse with income or Example: substantial assets would be considered manipulation to maximize benefits. 2. Burden of Proof and the Weighing of Evidence
an Individual That VA Does Not Recognize as a Veteran’s Dependent his/her claim without further development. Example: A deceased Veteran’s grandchild claims entitlement to VA survivor’s benefits. Reference: For more information on whom VA may recognize as a Veteran’s dependent, see M21-1, Part III, Subpart iii, 5.A.1.a. k. Interplay Between Federal, State and Foreign Laws VA benefit programs are authorized by Federal law (38 U.S.C.) that determines who is and who is not eligible for benefits. Some of the rules concerning VA’s recognition of a familial relationship between a Veteran and another individual are unique to VA benefit programs. Example: The continuous cohabitation requirement of . In many instances, VA incorporates State law or the law of foreign countries by reference. When making decisions on the issue of relationship, State law is relevant only to the extent that it is incorporated by reference into the body of Federal law governing VA eligibility determinations. Example: refers to local law for determining the basic validity of marriage. l. Duty of Claimants to Report Familial Relationships and Family Composition Family composition is determined objectively under applicable VA regulations. Claimants must accurately report familial relationships and family compositions when requested to do so by VA. Claimants seeking entitlement to disability compensation have the option of claiming or not claiming dependents. However, claimants seeking entitlement to any of VA’s income-based benefits must report all dependents and their income, and not manipulate family composition to maximize benefits. Example: Failure of a pension claimant to report a spouse with income or substantial assets would be considered manipulation to maximize benefits. 2. Burden of Proof and the Weighing of Evidence
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