C.F.R. » Title 38 » CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS › PART 3—ADJUDICATION › Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation

38 C.F.R. § 3.452

Veteran's benefits apportionable

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A veteran's benefits may be apportioned when the veteran is receiving hospital treatment, nursing home, or domiciliary care provided by the U.S. or a political subdivision, upon receipt by VA of an application:

(a) Pending appointment of fiduciary. Pending the appointment of a guardian or other fiduciary.

(b) Veteran receiving hospital, domiciliary, or nursing home care—(1) Incompetent veteran—(i) Spouse or child. Where an incompetent veteran without a fiduciary is receiving hospital treatment, nursing home, or domiciliary care provided by the U.S. or a political subdivision, his or her benefit may be apportioned for a spouse or child.

(ii) Dependent parent. Where an incompetent veteran without a fiduciary is receiving hospital treatment, nursing home, or domiciliary care provided by the U.S. or a political subdivision, his or her disability compensation may be apportioned for a dependent parent.

(2) Competent veteran—(i) Section 306 pension. Where the amount of section 306 pension payable to a married veteran is reduced to $50 monthly under § 3.551 while a veteran is receiving hospital, domiciliary, or nursing home care, an apportionment may be made to such veteran's spouse. The amount of the apportionment generally will be the difference between $50 and the total amount of pension payable on December 31, 1978.

(ii) Improved pension. Where the amount of improved pension payable to a married veteran under 38 U.S.C. 1521(b) is reduced to $90 monthly under § 3.551 an apportionment may be made to such veteran's spouse. The amount of the apportionment generally will be the difference between $90 and the rate payable if pension were being paid under 38 U.S.C. 1521(c), including the additional amount payable under 38 U.S.C. 1521(e) if the veteran is so entitled.

(Authority: 38 U.S.C. 501(a), 5307, 5502, 5503(a); Pub. L. 95-588, section 306, 92 Stat. 2497, 2508-2510) [91 FR 905, Jan. 9, 2026]
Notes of Decisions
Cited in 5 cases, 1981–2020 · leading case: Hugh Whaley v. Richard S. Schweiker, Sec'y of Health & Human Servs., 663 F.2d 871 (9th Cir. 1981).
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Hugh Whaley v. Richard S. Schweiker, Sec'y of Health & Human Servs., 663 F.2d 871 (9th Cir. 1981). “§ 3107 (b); 38 C.F.R. § 3.452 (1980). The Secretary concedes that when the child receives an apportioned share, those funds are not available to the veteran and thus are not income to the veteran.”
Redding v. West, 13 Vet. App. 512 (Vet. App. 2000). “at 7-9; see 38 C.F.R. § 3.452 (1999). However, there is no evidence in the record that demonstrates the veteran’s intent to raise a claim for apportionment to the Board.”
Marrero v. Gober, 14 Vet. App. 80 (Vet. App. 2000). · cites it 2× “Similarly, 38 C.F.R. § 3.452 (a) (1999) provides that a veteran's pension is apportionable "[i]f the veteran is not residing with his .”
190520-12370 (Board of Vet. App. 2020). “38 C.F.R. § 3.452 (a). A veteran’s benefits will not be apportioned where the total benefit payable to the disabled person does not permit payment of a reasonable amount to any apportionee.”
Dixon v. McDonald, 27 Vet. App. 1339 (Fed. Cir. 2015). “Rather, the $500 monthly payments she received were made pursuant to 38 C.F.R. § 3.452 (2003) (apportionment of veteran’s benefits if the veteran is not residing with his spouse or children and a claim for apportionment is filed).”
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