§ 3.453. Benefits not apportionable.
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/us/cfr/t38/s§ 3.453·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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)) \[91 FR 906, Jan. 9, 2026\]
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