38 CFR 3.451 - Special apportionments.

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There are 10 Updates appearing in the Federal Register for 38 CFR 3. View below or at eCFR (GPOAccess)
§ 3.451 Special apportionments.
Without regard to any other provision regarding apportionment where hardship is shown to exist, pension, compensation, emergency officers' retirement pay, or dependency and indemnity compensation may be specially apportioned between the veteran and his or her dependents or the surviving spouse and children on the basis of the facts in the individual case as long as it does not cause undue hardship to the other persons in interest, except as to those cases covered by § 3.458(b) and (c). In determining the basis for special apportionment, consideration will be given such factors as: Amount of Department of Veterans Affairs benefits payable; other resources and income of the veteran and those dependents in whose behalf apportionment is claimed; and special needs of the veteran, his or her dependents, and the apportionment claimants. The amount apportioned should generally be consistent with the total number of dependents involved. Ordinarily, apportionment of more than 50 percent of the veteran's benefits would constitute undue hardship on him or her while apportionment of less than 20 percent of his or her benefits would not provide a reasonable amount for any apportionee.
[44 FR 45940, Aug. 6, 1979]

Title 38 published on 2013-07-01

The following are only the Rules published in the Federal Register after the published date of Title 38.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-09-12; vol. 79 # 177 - Friday, September 12, 2014
    1. 79 FR 54608 - Special Home Adaptation Grants for Members of the Armed Forces and Veterans With Certain Vision Impairment
      GPO FDSys XML | Text
      DEPARTMENT OF VETERANS AFFAIRS
      Final rule.
      Effective Date: This final rule is effective September 12, 2014. Applicability Date: The provisions of this final rule apply to all applications for benefits that are received by VA on or after October 1, 2012, the statutory effective date of the amendment, or that are pending before VA, the United States Court of Appeals for Veterans Claims, or the United States Court of Appeals for the Federal Circuit on or after October 1, 2012.
      38 CFR Part 3

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S. Code: Title 10 - ARMED FORCES
U.S. Code: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE
U.S. Code: Title 38 - VETERANS’ BENEFITS
Statutes at Large
Public Laws

Title 38 published on 2013-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 38 CFR 3 after this date.

  • 2014-09-12; vol. 79 # 177 - Friday, September 12, 2014
    1. 79 FR 54608 - Special Home Adaptation Grants for Members of the Armed Forces and Veterans With Certain Vision Impairment
      GPO FDSys XML | Text
      DEPARTMENT OF VETERANS AFFAIRS
      Final rule.
      Effective Date: This final rule is effective September 12, 2014. Applicability Date: The provisions of this final rule apply to all applications for benefits that are received by VA on or after October 1, 2012, the statutory effective date of the amendment, or that are pending before VA, the United States Court of Appeals for Veterans Claims, or the United States Court of Appeals for the Federal Circuit on or after October 1, 2012.
      38 CFR Part 3