38 C.F.R. § 3.257
Children; no surviving spouse entitled
Where pension is not payable to a surviving spouse because his or her annual income exceeds the statutory limitation or because of his or her net worth, payments will be made to or for the child or children as if there were no surviving spouse.
Notes of Decisions
Cited in 1
case, 1981–1981 · leading case: Venita Tsosie v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 651 F.2d 719 (10th Cir. 1981).
Venita Tsosie v. Joseph A. Califano, Jr., Sec'y of Health, Educ. & Welfare, 651 F.2d 719 (10th Cir. 1981). “See 38 C.F.R. § 3.257 . If the child is not in the surviving spouse’s custody, the pension otherwise payable to the spouse may be apportioned.”
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