---
kind: "section"
citation: "38 C.F.R. § 3.204"
title: "38"
number: "3.204"
heading: "Evidence of dependents and age."
url: "https://uscodex.org/cfr/38/3.204"
---

# §3.204. Evidence of dependents and age.

- (a)
  - (1) Except as provided in [paragraph (a)(2)](#a-2) of this section, VA will accept, for the purpose of determining entitlement to benefits under laws administered by VA, the statement of a claimant as proof of marriage, dissolution of a marriage, birth of a child, or death of a dependent, provided that the statement contains: the date (month and year) and place of the event; the full name and relationship of the other person to the claimant; and, where the claimant's dependent child does not reside with the claimant, the name and address of the person who has custody of the child. In addition, a claimant must provide the social security number of any dependent on whose behalf he or she is seeking benefits (see [§ 3.216](/cfr/38/3.216.md)).
  - (2) VA shall require the types of evidence indicated in [§§ 3.205 through 3.211](/cfr/38/3.205..3.211.md) where: the claimant does not reside within a state; the claimant's statement on its face raises a question of its validity; the claimant's statement conflicts with other evidence of record; or, there is a reasonable indication, in the claimant's statement or otherwise, of fraud or misrepresentation of the relationship in question.
- (b) **Marriage or birth.** The classes of evidence to be furnished for the purpose of establishing marriage, dissolution of marriage, age, relationship, or death, if required under the provisions of [paragraph (a)(2)](#a-2), are indicated in [§§ 3.205 through 3.211](/cfr/38/3.205..3.211.md) in the order of preference. Failure to furnish the higher class, however, does not preclude the acceptance of a lower class if the evidence furnished is sufficient to prove the point involved.
- (c) **Acceptability of photocopies.** Photocopies of documents necessary to establish birth, death, marriage or relationship under the provisions of [§§ 3.205 through 3.215](/cfr/38/3.205..3.215.md) of this part are acceptable as evidence if the Department of Veterans Affairs is satisfied that the copies are genuine and free from alteration. Otherwise, VA may request a copy of the document certified over the signature and official seal of the person having custody of such record.

## Notes

### Amendments

[26 FR 1572, Feb. 24, 1961, as amended at 40 FR 53581, Nov. 19, 1975; 45 FR 72655, Nov. 3, 1980; 59 FR 46338, Sept. 8, 1994; 61 FR 56626, Nov. 4, 1996; 66 FR 56614, Nov. 9, 2001]

### Authority

Authority: 38 U.S.C. 501(a), unless otherwise noted.

### Amendments

[26 FR 1572, Feb. 24, 1961, as amended at 40 FR 53581, Nov. 19, 1975; 45 FR 72655, Nov. 3, 1980; 59 FR 46338, Sept. 8, 1994; 61 FR 56626, Nov. 4, 1996; 66 FR 56614, Nov. 9, 2001]