M21-,1 Part 1, Change 48, 10/04/04



Veterans Benefits Administration M21-1, Part 1

Department of Veterans Affairs Change 48

Washington, DC 20420 October 4, 2004

Veterans Benefits Administration Manual M21-1, Part I, Appendix B, is changed as follows:

Pages V(12/2003)-1 through V(12/2003)-3: Insert these pages preceding page V(12/2002)-1.

Pages VIII(12/2003)-1 through VIII(12/2003)-2: Insert these pages preceding page VIII(12/2002)-1.

Page IX(12/2003)-1: Insert this page preceding page IX(12/2002)-1.

Page X(12/2003)-1: Insert this page preceding page X(12/2002)-1.

Pages XII(12/2003)-1 and XII(12/2003)-2: Insert these pages preceding page XII(12/2002)-1.

Page XIV-1: Remove this page and substitute page XIV-1, attached.

By Direction of the Under Secretary for Benefits

Renée L. Szybala, Director

Compensation and Pension Service

Distribution: RPC: 2068

FD: EX: ASO and AR (included in RPC 2068)

October 4, 2004 M21-1, Part I

Change 48

Appendix B

DEPENDENCY AND INDEMNITY COMPENSATION

Children's Rates

Entitlement Codes 07, 17, 27 37 PL 108-147

47, 57 67, 69, 77, 87, 97, 99 Effective 12/1/03

Surviving Spouse Entitled

Total Additional Separate Award

Dependency Code For Each Child Over 18 Rate

81 School Child $205

81 Helpless Child 410

No Surviving Spouse

|Number of Children |Total Dep. Code |Total Payable |Each Child Share* |

|1 |81 |$410 |$410.00 |

|2 |82 | 590 |295.00 |

|3 |83 | 767 |255.66 |

|4 |84 | 915 |228.75 |

|5 |85 | 1063 |212.60 |

|6 |86 |1211 |201.83 |

|7 |87 |1359 |194.14 |

|8 |88 |1507 |188.37 |

|9 |89 |1655 |183.88 |

*For each helpless child over 18 add For each additional child add

$241 $148

V(12/2003)-1

DEPENDENCY AND INDEMNITY COMPENSATION

Surviving Spouse and Child Apportionment Schedule

VETERAN DIED PRIOR TO 1/1/93

Entitlement Codes 07, 17, 27, 37, PL-108-147

69, 77, 87, 47, 57, 67, 97, & 99 Effective 12/1/03

| | |E-1 f |40/41 |E-2 f |

|Total |Share |Total |Apptd |a. Surviving spouse of Aviation Cadet or other service not covered by this table is paid the DIC rate for enlisted E-3 under 34. |

|Dep |Each |Amt |Surv |b. Veteran who served as Sgt Major of the Army or Marine Corps, Senior Enlisted Advisor of the Navy, Chief Master Sgt of the Air Force, or |

|Code |Child | |Spouse | Master Chief Petty Officer of the Coast Guard. |

|10 | |2213 | |c. Veteran who served as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army or Air Force, Chief of Naval Operations, or |

|11 |241 |2454 |2213 | Commandant of the Marine Corps. |

|12 |241 |2695 |2213 |d. If surviving spouse entitled to A/A, add $241; if entitled to HB, add $115. |

|13 |241 |2936 |2213 |e. Add $241 for each child under 18. |

|14 |241 |3177 |2213 |f. Add $208 if veteran rated totally disabled 8 continuous years prior to death and surviving spouse was married to veteran those same 8 years. |

| | | | |g. Base rate is $1,175 if vet rated totally disabled 8 continuous years prior to death and surviving spouse was married to vet those same 8 years. |

October 4, 2004 M21-1, Part 1

Change 48

Appendix B

DEPENDENCY AND INDEMNITY COMPENSATION

SURVIVING SPOUSE

Veteran's Death Was On or After January 1, 1993

Entitlement Codes 07, 17, 27 37 PL 108-147

47, 57 67, 69, 77, 87, 97, 99 Effective 12/1/03

Basic Monthly Rate = $967 (38 U.S.C. 1311(a)(1))

Additional Allowances:

a. Add $208 if at the time of the veteran's death, the veteran was in receipt of or entitled to receive compensation for a service-connected disability rated totally disabling (including a rating based on individual unemployability) for a continuous period of at least 8 years immediately preceding death AND the surviving spouse was married to the veteran for those same 8 years.

(38 U.S.C. 1311(a)(2))

b. Add the following allowance for each dependent child under age 18: *

Effective 10/1/93 $150 per child

Effective 10/1/94 $200 per child

Effective 12/1/95 $205 per child

Effective 12/1/96 $211 per child

Effective 12/1/97 $215 per child

Effective 12/1/98 $217 per child

Effective 12/1/99 $222 per child

Effective 12/1/00 $229 per child

Effective 12/1/01 $234 per child

Effective 12/1/02 $237 per child

Effective 12/1/03 $241 per child

(38 U.S.C. 1311(b))

c. If the surviving spouse is entitled to A&A, add $241. (38 U.S.C. 1311(c))

d. If the surviving spouse is entitled to Housebound, add $115 (38 U.S.C. 1311(d))

*DIC apportionment rates approved by the Under Secretary for Benefits under 38 CFR 3.461(b) will be the additional allowance received for each child.

V(12/2003)-3

DISABILITY COMPENSATION - BASIC RATES

Entitlement Codes 01, 11, 21, 31, 41, PL 108-147

51, 61, 71, and 91 Effective 12/1/03

|Dep |Dep |10% |20% |30% |40% |50% |60% |70% |80% |

|Code |Status | | | | | | | | |

|Each additional child |19 |26 |32 |39 |45 |52 |58 |65 |Each additional child |

| | | | | | | | | | |

| | | | | | | | | | |

|Each additional schoolchild (see footnote a) |60 |80 |101 |121 |141 |161 |181 |202 |Each schoolchild |

| | | | | | | | | | |

| | | | | | | | | | |

| | | | | | | | | | |

| | | | | | | | | | |

| | | | | | | | | | |

|81 |V-1C | | |341 |488 |689 |868 |1089 |1263 |

|20/30 |V-S-1P | | |384 |545 |760 |954 |1189 |1378 |

|40 |V-S-2P | | |414 |586 |811 |1015 |1261 |1460 |

|50/60 |V-1P | | |346 |495 |697 |878 |1101 |1277 |

|70 |V-2P | | |376 |536 |748 |939 |1173 |1359 |

FOOTNOTES:

a. Rates for each school child are shown separately. They are not included with any other compensation rates. All other entries on this chart reflecting a rate for children show the rate

payable for children under 18 or helpless. To find the amount payable to a 70% disabled veteran with a spouse and four children, one of whom is over 18 and attending school, take the

70% rate for a veteran with a spouse and 3 children, $1272, and add the rate for one school child, $141. The total amount payable is $1413.

b. Where the veteran has a spouse who is determined to require A/A, add the figure shown as "additional for A/A spouse" to the amount shown for the proper dependency code. For example, veteran has A/A spouse and 2 minor children and is 70% disabled. Add $80, additional for A/A spouse, to the rate for a 70% veteran with dependency code 12, $1227. The total amount

payable is $1307.

DISABILITY COMPENSATION - SMC RATES

Entitlement Codes 01, 11, 21, 31, 41, PL 108-147

51, 61, 71, and 91 Effective 12/1/03

|Dep |Dep |03 |18 |07/19 |20 |11/21 |22 |37 |51-55 |

|Code |Status |L |L½ |M |M½ |N |N½ |O/P |R.1 |

|Each additional|65 |65 |65 |65 |65 |65 |65 |

|child | | | | | | | |

| | | | | | | | |

| | | | | | | | |

|10 |$106 | |40 |$454 | |70 |$1029 |

|11 |115 | |41 |473 | |71 |1045 |

|12 |125 | |42 |492 | |72 |1062 |

|13 |135 | |43 |511 | |73 |1078 |

|14 |145 | |44 |530 | |74 |1095 |

|15 |155 | |45 |550 | |75 |1112 |

|16 |165 | |46 |569 | |76 |1128 |

|17 |175 | |47 |588 | |77 |1145 |

|18 |185 | |48 |607 | |78 |1161 |

|19 |195 | |49 |626 | |79 |1178 |

|20 |205 | |50 |646 | |80 |1195 |

|21 |216 | |51 |663 | |81 |1209 |

|22 |227 | |52 |680 | |82 |1224 |

|23 |238 | |53 |697 | |83 |1239 |

|24 |249 | |54 |714 | |84 |1254 |

|25 |260 | |55 |731 | |85 |1269 |

|26 |271 | |56 |748 | |86 |1284 |

|27 |282 | |57 |765 | |87 |1299 |

|28 |293 | |58 |782 | |88 |1314 |

|29 |304 | |59 |799 | |89 |1329 |

|30 |316 | |60 |817 | |90 |1344 |

|31 |329 | |61 |838 | |91 |1433 |

|32 |343 | |62 |859 | |92 |1523 |

|33 |357 | |63 |880 | |93 |1612 |

|34 |371 | |64 |901 | |94 |1702 |

|35 |385 | |65 |923 | |95 |1791 |

|36 |398 | |66 |944 | |96 |1881 |

|37 |412 | |67 |965 | |97 |1970 |

|38 |426 | |68 |986 | |98 |2060 |

|39 |440 | |69 |1007 | |99 |2149 |

IX(12/2003)-1

DISABILITY COMPENSATION

Additional Disability Compensation for Dependents

Entitlement Code 11 Only PL 108-147

Special Law 09 Effective 12/1/03

|Dep |Dep | | | | | | | |

|Code |Abbreviation |Rate |Rate | |Code |Abbreviation |Rate |Rate |

|01 |K |82 |N/C | |32 |N+2K |3660 |3237 e |

|02 |2K |164 |N/C | |33 |L½+3K |3175 |2752 a,b |

|03 |L |2785 |2506 a | |34 |M+3K |3319 |2752 b,d |

|04 |L+K |2867 |2588 a | |35 |M½+3K |3530 |2752 b,d |

|05 |L+2K |2949 |2670 a | | | | |3175 c |

|06 |L+3K |3031 |2752 a,b | |36 |STAT - Q |67 |N/C |

|07 |M |3073 |2785 c | |37 |O |3907 |N/C |

|08 |M+K |3155 |2867 c | |38 |N½+2K |3865 |3448 e |

|09 |M+2K |3237 |2949 c | |39 |S+3K |2752 |N/C |

|10 |M+3K |3319 |3031 c | |43 |N½+K+R(1)A&A |5460 |3783 |

|11 |N |3496 |N/C | |44 |N½+K+R(2)A&A |6280 |3783 |

|12 |N+K |3578 |N/C | |45 | |h |N/C |

|13 |N+2K |3660 |N/C | |46 | |h |N/C |

|14 |3K |246 |N/C | |47 | |h |N/C |

|15 |N+3K |3742 |N/C | |48 |S |2506 |N/C |

|18 |L½ |2929 |2506 a | |49 |S+K |2588 |N/C |

|19 |M |3073 |2506 d | |50 |S+2K |2670 |N/C |

|20 |M½ |3284 |2506 d | |51 |R(L+R(1)A&A) |5584 |3073 g |

| | | |2929 c | |52 |R(L½+R(1)A&A) |5584 |3284 g |

|21 |N |3496 |3073 e | |53 |R(M+R(1)A&A) |5584 |3496 g |

|22 |N½ |3701 |3284 e | |54 |R(M½+R(1)A&A) |5584 |3701 g |

|24 |L½+K |3011 |2588 a | |55 |R(N+R(1)A&A),(N½+R(1)A&A), |5584 |3907 |

|25 |M+K |3155 |2588 d | | |(O+R(1)A&A) | | |

|26 |M½+K |3366 |2588 d | |56 |R(L+R(2)A&A) |6404 |3073 g |

| | | |3011 c | |57 |R(L½+R(2)A&A) |6404 |3284 g |

|27 |N+K |3578 |3155 e | |58 |R(M+R(2)A&A) |6404 |3496 g |

|28 |N½+K |3783 |3366 e | |59 |R(M½+R(2)A&A) |6404 |3701 g |

|29 |L½+2K |3093 |2670 a | |60 |R(N+R(2)A&A)(N½+R(2)A&A), |6404 |3907 |

|30 |M+2K |3237 |2670 d | | |(O+R(2)A&A) | | |

|31 |M½+2K |3448 |2670 d | | | | | |

| | | |3093 c | | | | | |

XII(12/2003)-1

Explanation For Special Monthly Compensation Schedules

General

When the hospital rate on the chart differs from the basic rate, the rate shown is the amount payable when reduction is necessary. However, some veterans under this code will be entitled to the basic rate during hospitalization. Use the following footnotes to determine whether reduction is necessary.

Footnotes

a. Reduce because of hospitalization only if veteran has a rating under "l" based on A/A. Pay the "s" rate plus any “k’s" to which entitled subject to limitation of footnote b. This also applies to "l" 1/2 rate paid on this basis.

b. The rate for any "k's" in combination with compensation paid under 38 U.S.C. 1114(a) through (j) or (s) may not exceed the basic rate payable under SMC Code 03; the rate may not exceed the basic rate payable under SMC Code 37 when any "k's" are in combination with 38 U.S.C. 1114(l) through (n).

c. Reduce because of hospitalization if "m" rate is based on A/A for blindness (better than LPO) to the "l" rate plus any "k's" to which entitled subject to limitation of footnote b. If "m" 1/2 is payable on this basis, reduce to "l" 1/2 plus any "k's" to which entitled subject to limitation of footnote b.

d. If the m or m 1/2 rate is based on "l" for A/A (other than blindness) and an additional 100 percent disability, reduce because of hospitalization to the s rate plus any "k's" to which entitled subject to limitation of footnote b.

e. If the "n" rate is based on A/A for blindness (better than LPO) plus additional disabilities, reduce because of hospitalization to the m rate plus any “k's” to which entitled subject to limitation of footnote b. If n 1/2 is being paid on this same basis, reduce to m 1/2 plus "k's" subject to limitation of footnote b.

f. Statutory award for arrested TB (formerly 38 U. S. C. 1114(q), eliminated by PL 90-493), for compensable evaluation first established after August 19, 1968. (38 CFR 3.350(g))

g. If the veteran is entitled to any “k's” while hospitalized, the rating must show the hospitalization SMC code to justify the rate payable (e.g., veteran rated under SMC 5l hospitalized with one k in addition to the (l + A&A) rating would be rated under SMC 25 (M + K) while hospitalized). The additional "k's" payable during hospitalization are subject to the limitations of footnote b.

h. Prior to December 1, 1986, the rate for "t" was payable in addition to the basic compensation rate only when the combined degree was at least 40 percent but not more than 90 percent and the 100 percent rate was not being paid based on individual unemployability, hospitalization, etc.

XII(12/2003)-2

SPECIAL BENEFIT ALLOWANCES

Historical and Current

AUTOMOBILE ALLOWANCE

|PL 79-663 |PL 91-666 |PL 93-538 |PL 95-476 |PL 97-66 |PL 98-543 |PL 100-322 |

|8/8/46 |1/11/71 |2/1/75 |10/18/78 |10/1/81 |1/1/85 |4/1/88 |

| | | | | | | |

|$1,600 |$2,800 |$3,300 |$3,800 |$4,400 |$5,000 |$5,500 |

| | | | | | | |

|PL 105-178 |PL 107-103 |PL 108-183 | | | | |

|10/1/98 |12/27/01 |12/16/03 | | | | |

| | | | | | | |

|$8,000 |$9,000 |$11,000 | | | | |

| |

|CLOTHING ALLOWANCE* |

| |

| |

| |

| |

|CLOTHING |

|ALLOWANCE |

| |

| |

|PL 92-328 |PL 94-71 |PL 94-433 |PL 95-117 |PL 95-479 |PL 96-128 |PL 96-385 |

|10/1/72 |10/1/75 |10/1/76 |10/1/77 |10/1/78 |10/1/79 |10/1/80 |

| | | | | | | |

| | | | | | | |

|$150 |$175 |$190 |$203 |$218 |$240 |$274 |

| | | | | | | |

|PL 97-66 |PL 97-306 |PL 98-223 |PL 98-543 |PL 99-238 |PL 99-576 |PL 100-227 |

|10/1/81 |10/1/82 |4/1/84 |12/1/84 |12/1/85 |12/1/86 |12/1/87 |

| | | | | | | |

| | | | | | | |

|$305 |$327 |$338 |$349 |$360 |$365 |$380 |

| | | | | | | |

|PL 100-687 |PL 101-237 |PL 102-3 |PL 102-152 |PL 102-510 |PL 103-140 |PL 103-418 |

|12/1/88 |12/1/89 |1/1/91 |12/1/91 |12/1/92 |12/1/93 |12/1/94 |

| | | | | | | |

| | | | | | | |

|$395 |$414 |$436 |$452 |$466 |$478 |$491 |

| | | | | | | |

|PL 104-57 |PL 104-263 |PL 105-98 |PL 105-368 |PL 106-118 |PL 106-413 |PL 107-94 |

|12/1/95 |12/1/96 |12/1/97 |12/1/98 |12/1/99 |12/1/00 |12/1/01 |

| | | | | | | |

|$503 |$518 |$528 |$534 |$546 |$565 |$580 |

|PL 107-247 |PL 108-147 | | | | | |

|12/1/02 |12/1/03 | | | | | |

| | | | | | | |

|$588 |$600 | | | | | |

| |

|MEDAL OF HONOR PENSION |

| |

| |

| |

| |

| |

| |

|PL 64-56 |PL 87-138 |PL 95-479 |PL 103-161 |PL 105-368 |PL 107-330 | |

|4/27/16 |9/16/61 |1/1/79 |12/1/93 |12/1/98 |9/1/03 | |

| | | | | | | |

| | | | | | | |

|$10 |$100 |$200 |$400 |$600 |$1,000 | |

*The clothing allowance increase, while effective the date of the law, is not payable until the following August 1st. (Example: PL 97-306 effective October 1, 1982, increased the clothing allowance to $327. This rate was payable August 1, 1983.)

XIV-1

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