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Dependents

Veterans with a Combined rating of at least 30% can add eligible dependents to their VA disability compensation - resulting in an increase in their monthly disability compensation.

Eligible Dependents

There are only certain people the Veteran can add to their award:

  • Spouse

  • Child(ren)

  • Parent(s)

Spouse

The VA recognizes the following marriages:

  • Traditional

  • Same-sex

  • Common law

  • Tribal

  • Proxy marriages

IMPORTANT NOTE:

  • Spouses that require Aid and Attendance will result in the Veteran receiving an even greater amount of money.

Child

The VA recognizes the following children:

  • Minor child (under 18): biological, stepchild, and/or adopted

  • College-age child (18-23): If attending an approved institution of higher learning

  • Child incapable of self-support (18+): Child has been determined to be unable to support themselves - MUST occur before they turn 18!

IMPORTANT NOTES:

  • If the college-age child stops attending school or gets married they are NO LONGER eligible dependents. So if they are in school and get married, they are no longer eligible.

  • If the college-age child is utilizing Chapter 35 (Dependents’ Educational Assistance - DEA) they are NO LONGER eligible dependents.

  • If the child incapable of self-support gets married they are NO LONGER eligible dependents.

Parent

For a parent to be considered eligible they must:

  • Be the legal parent(s) of the Veteran: biological, adoptive, and/or foster; AND

  • Need the Veteran's financial assistance due to: having low income/assets or effectively low income/assets due to having high medical expenses such that they are unable to provide themselves 'reasonable maintenance'*.

*“Reasonable Maintenance” includes not only housing, food, clothing, and medical care sufficient to sustain life, but such items beyond the bare necessities as well as other requirements reasonably necessary to provide those conveniences and comforts of living suitable to and consistent with the parents' reasonable mode of life.

IMPORTANT NOTES:

  • Foster relationship(s) must have begun BEFORE the Veteran's 21st birthday.

  • There CANNOT be more than one father or mother (Yes, even if the Veteran was raised by same-sex parents)! If two persons stood in the relationship of father or mother for 1 year or more, the person who last stood in such relationship BEFORE the Veteran's last entry into active service will be recognized as the parent.

How to Add Dependents

You can add dependents online by clicking HERE.

Additional Information

Depending on the relationship to the Veteran, additional information may be needed:

Common Law Spouse

Tribal Marriage

ALL of the following:

  • Affidavits from the parties married by tribal custom that include the name of the tribe, date (month, day, and year) of marriage, place (city and state, county and state, or city and country) where the marriage ceremony occurred, and name/mailing address of the person who performed the ceremony.

  • Affidavits from at least two people who were present at the time the tribal marriage ceremony took place. The affidavits must include the name of the tribe, date (month, day, and year) of marriage, place (city and state, county and state, or city and country) where the marriage ceremony occurred, and name/mailing address of the person who performed the ceremony.

  • Affidavit from the person who performed the ceremony, showing the date (month, day, and year) and place (city and state, county and state, or city and country) where the marriage ceremony occurred, and that person's authority for conducting the ceremony.

Proxy Marriage

  • All documents/certificates issued in connection with a claimed proxy marriage.

Spouse in Need of Aid and Attendance

  • VA Form 21-2680; AND

  • Medical evidence showing spouse is:

    • Blind or so nearly blind as to have corrected visual acuity of 5/200 or less in both eyes or concentric contraction of the visual field to 5 degrees or less;

    • Is a patient in a nursing home because of mental or physical incapacity (by completing VA Form 21-0779); or

    • Requires the aid of another person in order to perform personal functions required in everyday living, such as bathing, feeding, dressing, attending to the wants of nature, adjusting prosthetic devices, or protecting him or her from the hazards of his or her daily environment.

Adopted Child

One of the following:

  • Final decree of adoption;

  • Adoptive placement agreement;

  • Interlocutory decree of adoptions; or

  • Revised birth certificate.

College-Age Child

Child Incapable of Self-Support

  • Medical evidence showing a permanent mental or physical disability existing BEFORE his/her 18th birthday;

  • A statement from an attending physician showing the nature and extent of the child's physical or mental impairment, AND

  • VA Form 21-686c.

Dependent Parent

How to Remove Dependents

Remember, it is your legal obligation to notify the VA of the death or divorce of any eligible dependents! Failure to make timely notification WILL result in a debt with the VA being created!

You can remove dependents online by clicking HERE.

NOTES:

  • Children will automatically be removed once they reach age 18 UNLESS you file a VA Form 21-674.

  • Veterans remain entitled to additional benefits for a stepchild after divorcing the stepchild's biological or adoptive parent, as long as the Veteran provides at least half of the stepchild's support.

Back Pay

There are two important time-frames in which a Veteran needs to file to add dependents to get back pay:

  1. Within one year of being awarded a combined rating of at least 30%.

  2. Within one year of acquiring the dependent.

For more information on effective dates and back pay click HERE.

Frequently Asked Questions

    • If you have a combined rating of at least 30%, you can retroactively claim them, though the payment will only go to the end of the marriage.

    • No, unless you legally adopt them.

    • Yes, so long as the common-law marriage was established in a state that does recognize common-law marriage.

    • No, you will continued to get paid.

    • Yes, every year the VA randomly selects files and notifies the Veteran to affirm that they are still married and/or that their dependents are still living.

    • No, the team that handles dependent claims does NOT handle disability ratings.

    • Yes!

    • Yes.

References