(a)(1) Except as provided in paragraph (a)(2) of this section, VA will accept, for the purpose of determining entitlement to benefits under laws administered by VA, the statement of a claimant as proof of marriage, dissolution of a marriage, birth of a child, or death of a dependent, provided that the statement contains: the date (month and year) and place of the event; the full name and relationship of the other person to the claimant; and, where the claimant's dependent child does not reside with the claimant, the name and address of the person who has custody of the child. In addition, a claimant must provide the social security number of any dependent on whose behalf he or she is seeking benefits (see § 3.216).
(2) VA shall require the types of evidence indicated in §§ 3.205 through 3.211 where: the claimant does not reside within a state; the claimant's statement on its face raises a question of its validity; the claimant's statement conflicts with other evidence of record; or, there is a reasonable indication, in the claimant's statement or otherwise, of fraud or misrepresentation of the relationship in question.
(Authority: 38 U.S.C. 5124)
(b) Marriage or birth. The classes of evidence to be furnished for the purpose of establishing marriage, dissolution of marriage, age, relationship, or death, if required under the provisions of paragraph (a)(2), are indicated in §§ 3.205 through 3.211 in the order of preference. Failure to furnish the higher class, however, does not preclude the acceptance of a lower class if the evidence furnished is sufficient to prove the point involved.
(c) Acceptability of photocopies. Photocopies of documents necessary to establish birth, death, marriage or relationship under the provisions of §§ 3.205 through 3.215 of this part are acceptable as evidence if the Department of Veterans Affairs is satisfied that the copies are genuine and free from alteration. Otherwise, VA may request a copy of the document certified over the signature and official seal of the person having custody of such record.
(Authority: 38 U.S.C. 501)
(The Office of Management and Budget has approved the information collection requirements in this section under control number 2900-0624)
[26 FR 1572, Feb. 24, 1961, as amended at 40 FR 53581, Nov. 19, 1975; 45 FR 72655, Nov. 3, 1980; 59 FR 46338, Sept. 8, 1994; 61 FR 56626, Nov. 4, 1996; 66 FR 56614, Nov. 9, 2001]
Notes of Decisions
Cited in
6
cases (
2 in the last 5 years), 2000–2021 · leading case:
McColley v. West, 13 Vet. App. 553 (Vet. App. 2000).
McColley v. West, 13 Vet. App. 553 (Vet. App. 2000).
· cites it 6× “Citing 38 C.F.R. §§ 3.204 and 3.209 (1999), he further asserts that evidence sufficient for establishing age or relationship of a dependent child is not limited to birth certificates, and that his benefits application of 1992, identifying his children, and signed under warning…”
190918-31480 (Board of Vet. App. 2020).
· cites it 2× “§ 5124 ; 38 C.F.R. § 3.204 . Regardless of the regulation governing effective dates of awards, payment of monetary benefits based on compensation begins the first day of the month following the effective date.”
210405-150685 (Board of Vet. App. 2021).
· cites it 2× “§§ 1115 , 5110, 5124; 38 C.F.R. §§ 3.204 , 3.401. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from September 1965 to June 1967.”
191107-45079 (Board of Vet. App. 2019).
“§ 5124 ; 38 C.F.R. § 3.204 . In this case, the Veteran’s spouse, G.”
190611-36915 (Board of Vet. App. 2020).
“In this regard, 38 C.F.R. § 3.204 provides as follows: VA will accept, for the purpose of determining entitlement to benefits under laws administered by VA, the statement of a claimant as proof of marriage, dissolution of a marriage, birth of a child, or death of a dependent,…”
190820-79694 (Board of Vet. App. 2021).
“§ 5124 ; 38 C.F.R. § 3.204 . The Board finds that the preponderance of the evidence is against granting the Veteran’s claim of entitlement to an earlier effective date than April 9, 2019 for the addition of dependency benefits for his spouse.”
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