---
kind: "section"
citation: "38 C.F.R. § 3.453"
title: "38"
number: "3.453"
heading: "Benefits not apportionable."
url: "https://uscodex.org/cfr/38/3.453"
---

# §3.453. Benefits not apportionable.


VA will not apportion benefits:

- (a) Unless the spouse of a veteran files a claim for an apportionment. If there is a child of the veteran, an apportionment will not be authorized unless a claim for an apportionment is filed by or for the child.
- (b) To any beneficiary's dependent who is determined by VA to have been guilty of mutiny, treason, sabotage, or rendering assistance to an enemy of the U.S. or its allies.
- (c) **After September 1, 1959, if a veteran, spouse, child, dependent parent, or other primary beneficiary—**
  - (1) Forfeited benefits due to fraud or a treasonable act; or
  - (2) **Was convicted of subversive activity.**

## Notes

### Amendments

[91 FR 906, Jan. 9, 2026]

### Authority

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

### Amendments

[91 FR 906, Jan. 9, 2026]