Title 38Veterans' BenefitsRelease 119-73

§102 Dependent parents

Title 38 › Part PART I— - GENERAL PROVISIONS › Chapter CHAPTER 1— - GENERAL › § 102

Last updated Apr 6, 2026|Official source

Summary

The Secretary must decide if a parent is financially dependent on a veteran, using rules the Secretary makes. Dependency can be found before or after the veteran dies. A parent cannot be ruled not dependent just because they remarried. Also, a parent must be treated as dependent in any State where their monthly income is at or below minimum amounts the Secretary sets. The Secretary must consider the parent’s marital status and any other people the parent is required to support when setting those minimums. When the Secretary figures monthly income, they must not count payments made under laws the Secretary administers for disability or death, or any State bonus or similar cash paid because of military service.

Full Legal Text

Title 38, §102

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(a)Dependency of a parent, which may arise before or after the death of a veteran, shall be determined in accordance with regulations prescribed by the Secretary.
(b)Dependency of a parent shall not be denied (1) solely because of remarriage, or (2) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Secretary shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support.
(c)For the purposes of this section, in determining monthly income the Secretary shall not consider any payments under laws administered by the Secretary because of disability or death or payments of bonus or similar cash gratuity by any State based upon service in the Armed Forces.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Subsecs. (a), (b). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”. Subsec. (c). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary shall” for “Administrator shall”. Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”. Pub. L. 102–54 substituted “(c)” for “(C)” as subsec. designation. 1986—Pub. L. 99–576, § 701(1)(B), substituted “Dependent parents” for “Dependent parents; husbands” in section catchline. Subsec. (a). Pub. L. 99–576, § 701(1)(A)(ii), (iii), (v), struck out par. (1) designation and redesignated par. (2) of subsec. (a) as subsec. (b) and par. (3) of subsec. (a) as subsec. (C). Subsec. (b). Pub. L. 99–576, § 701(1)(A)(i), (iii), (iv), redesignated former subsec. (a)(2) as subsec. (b) and substituted “(1)” and “(2)” for “(A)” and “(B)”, respectively. Former subsec. (b), which read “For the purposes of this title, (1) the term ‘wife’ includes the husband of any female veteran; and (2) the term ‘widow’ includes the widower of any female veteran”, was struck out. Subsec. (c). Pub. L. 99–576, § 701(1)(A)(v), redesignated former subsec. (a)(3) as subsec. (C) and substituted “For the purposes of this section,” for “For the purposes of this subsection”. 1976—Subsec. (a)(2). Pub. L. 94–432 substituted prohibition against denial of dependency of a parent “(B) in any case in any State where the monthly income for a mother or father does not exceed minimum levels which the Administrator shall prescribe by regulation, giving due regard to the marital status of the mother or father and additional members of the family whom the mother or father is under a moral or legal obligation to support” for such prohibition “(B) in any case in any State where the monthly income for a mother or father, not living together, is not more than $105, or where the monthly income for a mother and father living together, is not more than $175, plus, in either case, $45, for each additional member of the family whom the father or mother is under a moral or legal obligation to support, as determined by the Administrator”. 1972—Pub. L. 92–540, § 408(2), substituted “Dependent parents; husbands” for “Dependent parents and dependent husbands” in section catchline. Subsec. (b). Pub. L. 92–540, § 408(1), struck out exception which made definition of terms inapplicable to chapter 19 of this title and struck out from definitions of “wife” and “widow” provisions relating to the ability of such persons to maintain and support themselves. 1966—Subsec. (a)(2). Pub. L. 89–358, § 4(e), substituted “Dependency” for “Except for the purposes of chapter 33 of this title, dependency”. Subsec. (b). Pub. L. 89–358, § 4(f), struck out from introductory parenthetical phrase reference to chapter 33 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

of 1976 AmendmentAmendment by Pub. L. 94–432 effective Sept. 30, 1976, see section 405(a) of Pub. L. 94–432, set out as a note under section 1521 of this title.

Reference

Citations & Metadata

Citation

38 U.S.C. § 102

Title 38Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73