PREC 7-2002   Termination of Benefits of Fugitive Felons Under Section 505 of Public Law 107-103     Citation: Vet. Aff. Op. Gen. Couns. Prec. 7-2002, VAOPGCPREC 7-2002, 2002

A. When the benefits of a veteran’s surviving spouse are terminated pursuant to 38 U.S.C. § 5313B because the surviving spouse is a fugitive felon, may benefits be paid to the surviving spouse’s dependent children?

B. When the benefits of a veteran’s child are terminated pursuant to 38 U.S.C. § 5313B because the child is a fugitive felon, and there are other children of the veteran in receipt of benefits, how are the other children’s benefits affected?

A. If a surviving spouse of a veteran becomes a fugitive felon and consequently loses eligibility for dependency and indemnity compensation (DIC) or improved death pension benefits by operation of 38 U.S.C. § 5313B, additional benefits payable to the surviving spouse for children of the veteran would cease. Statutes governing DIC, 38 U.S.C. § 1313(a), and improved death pension, 38 U.S.C. § 1542, provide independent eligibility for a veteran’s children where there is no surviving spouse eligible for benefits. Thus, the children may receive benefits in their own right.

B. If a veteran’s child in receipt of improved death pension benefits loses eligibility for those benefits by operation of 38 U.S.C. § 5313B upon becoming a fugitive felon, the improved pension benefits payable to other children of the veteran would not be affected. Similarly, in the case of DIC, as long as the child who loses eligibility under 38 U.S.C. § 5313B continues to meet the definition of child for title 38 purposes, the shares of other children receiving DIC will not increase.