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. § 3.658

Offsets; dependency and indemnity compensation

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(a) When an award of dependency and indemnity compensation is made covering a period for which death compensation or benefits under the Federal Employee's Compensation Act, based on military service, have been paid to the same payee based on the same death, the award of dependency and indemnity compensation will be made subject to an offset of payments of death compensation or benefits under the Federal Employees' Compensation Act over the same period.

(b) When an award of dependency and indemnity compensation is made covering a period for which death benefits have been paid to the same payee based on the death of another spouse the award will be made subject to an offset of payments of survivors pension or death compensation, or dependency and indemnity compensation over the same period in the case of the other spouse.

(Authority: 38 U.S.C. 103(d)(2), 5304(b)(3)) [41 FR 17387, Apr. 26, 1976, as amended at 91 FR 2713, Jan. 22, 2026]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2014–2025 · leading case: Jacqueline S. Roberts v. Robert A. McDonald, 27 Vet. App. 108 (Vet. App. 2014).
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Jacqueline S. Roberts v. Robert A. McDonald, 27 Vet. App. 108 (Vet. App. 2014). · cites it 5× “The Board relied exclusively on VA regulation 38 C.F.R. § 3.658 in reducing the appellant’s DIC award by withholding a retroactive DIC payment of $30,264.”
Geraldine B. Lorio v. Douglas A. Collins (Vet. App. 2025). “The Board relied on 38 C.F.R. § 3.658 as the withholding authority but the Secretary conceded that this was incorrect and proffered that VA's DIC withholding authority stemmed from 38 U.”
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