---
kind: "section"
citation: "38 C.F.R. § 3.452"
title: "38"
number: "3.452"
heading: "Veteran's benefits apportionable."
url: "https://uscodex.org/cfr/38/3.452"
---

# §3.452. Veteran's benefits apportionable.


A veteran's benefits may be apportioned when the veteran is receiving hospital treatment, nursing home, or domiciliary care provided by the U.S. or a political subdivision, upon receipt by VA of an application:

- (a) **Pending appointment of fiduciary.** Pending the appointment of a guardian or other fiduciary.
- (b) **Veteran receiving hospital, domiciliary, or nursing home care—**
  - (1) **Incompetent veteran—**
    - (i) **Spouse or child.** Where an incompetent veteran without a fiduciary is receiving hospital treatment, nursing home, or domiciliary care provided by the U.S. or a political subdivision, his or her benefit may be apportioned for a spouse or child.
    - (ii) **Dependent parent.** Where an incompetent veteran without a fiduciary is receiving hospital treatment, nursing home, or domiciliary care provided by the U.S. or a political subdivision, his or her disability compensation may be apportioned for a dependent parent.
  - (2) **Competent veteran—**
    - (i) **Section 306 pension.** Where the amount of [section 306](/cfr/38/306.md) pension payable to a married veteran is reduced to $50 monthly under [§ 3.551](/cfr/38/3.551.md) while a veteran is receiving hospital, domiciliary, or nursing home care, an apportionment may be made to such veteran's spouse. The amount of the apportionment generally will be the difference between $50 and the total amount of pension payable on December 31, 1978.
    - (ii) **Improved pension.** Where the amount of improved pension payable to a married veteran under [38 U.S.C. 1521(b)](/usc/38/1521.md?p=b) is reduced to $90 monthly under [§ 3.551](/cfr/38/3.551.md) an apportionment may be made to such veteran's spouse. The amount of the apportionment generally will be the difference between $90 and the rate payable if pension were being paid under [38 U.S.C. 1521(c)](/usc/38/1521.md?p=c), including the additional amount payable under [38 U.S.C. 1521(e)](/usc/38/1521.md?p=e) if the veteran is so entitled.

## Notes

### Amendments

[91 FR 905, Jan. 9, 2026]

### Authority

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

### Amendments

[91 FR 905, Jan. 9, 2026]