38 C.F.R. § 3.58

Child adopted out of family

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(a) Except as provided in paragraph (b) of this section, a child of a veteran adopted out of the family of the veteran either prior or subsequent to the veteran's death is nevertheless a child within the meaning of that term as defined by § 3.57 and is eligible for benefits payable under all laws administered by the Department of Veterans Affairs.

(b) A child of a veteran adopted out of the family of the veteran is not a child within the meaning of § 3.57 for purposes of any benefits provided under 38 U.S.C. 1115, Additional compensation for dependents.

(Authority: 38 U.S.C. 101(4)(A), 1115). Cross References:

Child. See § 3.57. Veteran's benefits not apportionable. See § 3.458.

[80 FR 48451, Aug. 13, 2015]

Notes of Decisions

Cited in 1 case, 2010–2010 · leading case: Orange Cnty. Soc. Servs. Agency v. Albert Z., 190 Cal. App. 4th 1177 (Cal. Ct. App. 2010).

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Orange Cnty. Soc. Servs. Agency v. Albert Z., 190 Cal. App. 4th 1177 (Cal. Ct. App. 2010). “, 38 C.F.R. § 3.58 (2010) [“A child of a veteran adopted out of the family of the veteran either prior or subsequent to the veteran’s death is nevertheless a child within the meaning of that term as defined by § 3.”

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