Skip to content

September 21, 2024

VA Benefits for Stepchildren: What You Need to Know and How to Apply

I hope you enjoy reading this blog post.

If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free.

As a veteran, you’ve served our country with dedication, and it’s only right that your family receives the benefits they deserve.

But what about your stepchildren?

Are they eligible for VA benefits?

The answer is yes—under specific conditions.

Here’s what you need to know to ensure your stepchildren receive the VA benefits and support they are entitled to.

Table of Contents

Summary of Key Points

  • Eligibility Criteria for Stepchildren: Stepchildren must be the biological or adopted child of the veteran’s spouse and meet specific criteria, including age requirements (under 18 or between 18-23 if attending school full-time) or being incapable of self-support due to a disability.
  • Proof of Marriage for VA Benefits: To establish a stepchild as a dependent, veterans must provide proof of marriage to the child’s parent. Acceptable documents include a marriage certificate, affidavits, or a military report confirming the marriage occurred during service.
  • Adding a Stepchild as a Dependent: Veterans must submit VA Form 21-686c along with supporting documentation to establish the stepchild’s relationship and dependency status. If the stepchild lives apart, the veteran must demonstrate that they provide at least half of the child’s financial support.
  • Eligibility for VA Benefits: Once recognized as a dependent, stepchildren may qualify for benefits such as Dependency and Indemnity Compensation (DIC), educational assistance under the DEA program, CHAMPVA healthcare benefits, and additional monthly compensation if the veteran has a disability rating of 30% or higher.

Are Stepchildren Eligible for VA Benefits?

Yes, stepchildren can qualify as dependents for VA benefits under specific conditions.

The VA defines a stepchild as the biological or adopted child of your spouse.

To be considered a dependent, the stepchild must meet the same criteria as biological or adopted children, which include:

Age Requirements:

  • Under the age of 18, or
  • Between 18 and 23 if attending school full-time.

Incapable of Self-Support:

  • If the stepchild has a permanent disability that prevents them from being self-supporting, they may qualify for VA benefits beyond the age limits.

Residency and Support:

  • The stepchild must live in the veteran’s household or receive at least half of their financial support from the veteran, which includes situations where the stepchild might live apart temporarily due to school, military service, or medical reasons.

These criteria ensure that stepchildren receive the same benefits as biological or adopted children of veterans.

Proving a Valid Marriage for VA Purposes

To establish a stepchild as a dependent, you must provide proof of your marriage to the stepchild’s parent.

Acceptable documents include:

  • Marriage Certificate: A copy of the public or church marriage record showing your names, the date, and place of marriage.
  • Military Report: Confirmation from the service department if the marriage occurred while you were in service.
  • Affidavit from Officiant: A sworn statement from the clergyman or magistrate who conducted the ceremony.
  • Eyewitness Statements: Statements from at least two people who witnessed the marriage.
  • Common-Law Marriages: If applicable, affidavits from both partners detailing the relationship and cohabitation.

Without this proof, the VA will not recognize the stepchild as a dependent, and they could miss out on important benefits.

How to Add a Dependent Stepchild to Your VA Disability Award

Adding a stepchild to a VA benefits award as a dependent involves several steps.

Note: the entire process can be done online on VA.gov here.

Here’s an overview of the steps involved to add or remove a dependent stepchild to your VA disability benefits:

1. Establish the Veteran’s Marriage to the Stepchild’s Parent

Proof of Marriage: The veteran must provide documentation proving the marriage to the stepchild’s biological or adoptive parent. Acceptable documents include a marriage certificate, an official report from the service department, or affidavits from eyewitnesses to the ceremony.

2. Verify the Stepchild’s Relationship to the Parent

Documentation: The veteran must submit documents showing the relationship between the stepchild and their biological or adoptive parent. This can include birth certificates, adoption decrees, or other legal documents establishing the parent-child relationship.

3. Confirm the Stepchild’s Residence and Support

Living Situation: The stepchild must be a member of the veteran’s household. If the veteran is deceased, the stepchild must have been a member of the veteran’s household at the time of death. If the stepchild lives apart due to reasons such as attending school, military service, or medical treatment, they can still be considered part of the veteran’s household if the veteran provides at least half of their support.

Financial Support: The veteran must prove that they provide at least half of the stepchild’s financial support. This can include providing food, clothing, shelter, and other necessary expenses.

4. Complete and Submit Required Forms

VA Form 21-686c: This form, Declaration of Status of Dependents, is required to add a stepchild as a dependent. It includes information about the stepchild, such as their name, Social Security number, and date of birth, as well as details about the veteran’s marriage to the stepchild’s parent. Note: this form can be completed online using the steps outline above.

Additional Documentation: If the form does not include all the necessary information, such as the date and place of the veteran’s marriage or proof of support, the VA may request additional documents, such as the stepchild’s birth certificate or school enrollment records.

5. Respond to Any VA Requests for Additional Information

The VA may request further evidence or clarification if there are inconsistencies or missing information in the initial submission. Responding promptly to these requests will help expedite the process.

6. Wait for VA Dependent Award Decision

After reviewing the submitted documentation, the VA will make a determination on whether to add the stepchild as a dependent. If approved, the veteran’s benefits will be adjusted to include the stepchild as a dependent.

7. Maintain and Update Information

It is crucial to keep the VA updated on any changes in the stepchild’s status, such as changes in residence, school enrollment, or financial support. Failure to do so can result in the loss of benefits.

What Happens If the Stepchild Doesn’t Live with the Veteran?

The VA generally requires that the stepchild live in the veteran’s household.

However, there are exceptions:

  • Temporary Absence: The stepchild may still be considered part of the household if they are away for school, medical reasons, or military service.
  • Constructive Custody: If you provide at least half of the child’s financial support while they live apart, they can still be recognized as your dependent.

Required Evidence for Special Circumstances

In cases where the stepchild lives apart from the veteran for reasons not explicitly covered by VA exceptions (like school or medical reasons), additional documentation is required to maintain their dependent status.

This could include:

  • Stepchild’s Current Address and Custodian Information: Include the name and address of the person responsible for the stepchild.
  • Statement of Reasons for Living Apart: A detailed explanation of why the stepchild lives separately.
  • Proof of Financial Support: Bank statements, receipts, or affidavits demonstrating that the veteran provides at least half of the child’s financial support.

This documentation is crucial in maintaining the stepchild’s dependent status, especially in cases where the child is not physically residing in the veteran’s household but is still financially dependent on the veteran.

Maintaining VA Benefits After Separation or Divorce

If you divorce or separate from the stepchild’s parent, the stepchild may still qualify as a dependent if they continue to live in your household or you provide substantial support.

You must:

  • Notify the VA of the Divorce: Report any changes in marital status and clarify if the stepchild still lives with you or receives support.
  • Provide Documentation: Be prepared to submit documents like bank statements or affidavits to prove you provide ongoing support.

What VA Benefits Are Stepchildren Eligible For?

Once a stepchild is established as your dependent, they may qualify for various VA benefits, including, but not limited to:

  • CHAMPVA Healthcare Benefits: Health coverage if the veteran is permanently and totally disabled or has passed away due to a service-connected condition.

These benefits help ensure that your stepchildren have access to financial and healthcare support.

What About VA College Benefits for Stepchildren?

VA college benefits for stepchildren include educational assistance programs that help cover costs associated with higher education and career training.

The primary program available is the Survivors’ and Dependents’ Educational Assistance (DEA) program, also known as Chapter 35 benefits.

Here’s a breakdown of the benefits stepchildren may be eligible for:

1. Survivors’ and Dependents’ Educational Assistance (DEA) Program

Eligibility: Stepchildren of veterans who are permanently and totally disabled due to a service-connected condition or who died as a result of a service-connected disability are eligible.

Benefits: Provides up to 45 months of education benefits for degree programs, certificate courses, apprenticeships, and on-the-job training.

Support for Schooling: Offers financial assistance for tuition, fees, books, and supplies. This can include payments directly to the educational institution or reimbursement to the student for educational expenses.

2. Fry Scholarship

Eligibility: Available to children of service members who died in the line of duty after September 10, 2001. Stepchildren are included if they were living in the household of the service member at the time of death.

Benefits: Covers the cost of tuition and fees, a monthly housing allowance, and a stipend for books and supplies. The Fry Scholarship offers up to 36 months of benefits at the full in-state tuition rate at public schools or up to $26,381.37 per year at private institutions.

3. State Educational Benefits for Stepchildren of Veterans

In addition to federal VA education benefits, many states offer their own educational benefits for the dependents of veterans, including stepchildren.

These benefits vary by state and can include tuition waivers, scholarships, grants, and other forms of financial assistance.

Please ensure you check your specific state’s eligibility requirements.

4. Folds of Honor Scholarship for Stepchildren of Veterans

The Folds of Honor Scholarship provides educational support to the dependents of military service members, including stepchildren, who have been killed or disabled while serving our country.

The scholarship offers up to $5,000 per academic year to help cover tuition, fees, and other educational expenses for K-12 and higher education.

To qualify, applicants must be the child or stepchild of a U.S. military service member, meet specific financial need requirements, and demonstrate academic achievement.

This program helps ensure that the families of those who served have access to the educational opportunities they deserve.

Conclusion & Wrap-Up

Navigating VA benefits for stepchildren can be complex, but understanding the requirements is crucial to ensuring your family receives the support they’ve earned.

Be proactive, gather the necessary documentation, and communicate changes to the VA to maintain eligibility.

If you have any questions or need help with your claim, reach out to a VA claims expert for guidance.

Source List

VA Benefits for Stepchildren: Frequently Asked Questions (FAQs)

What is the Definition of a Stepchild for VA Benefits?

A stepchild is defined by the VA as the legitimate or illegitimate child of a veteran’s spouse. This includes children from a previous marriage or relationship. For a stepchild to qualify for VA benefits, they must meet specific criteria, such as being under the age of 18, between 18 and 23 while attending school full-time, or incapable of self-support due to a disability.

Does a Stepchild Need to Live with the Veteran to Be Eligible for Benefits?

Yes, generally, a stepchild must live in the veteran’s household to be considered a dependent. If the veteran is still alive, the stepchild must currently reside in the veteran’s household. If the veteran has passed away, the stepchild must have been living in the household at the time of death. Exceptions include temporary absences for schooling, military obligations, or medical reasons, where the stepchild is still considered part of the veteran’s household under “constructive custody.”

What is Constructive Custody and How Does It Apply to Stepchildren?

Constructive custody means that the veteran provides at least half of the stepchild’s financial support, even if the child is living apart due to reasons such as attending school, military service, or medical treatment. This status allows the VA to recognize the stepchild as a dependent, ensuring continued eligibility for benefits.

What Documentation is Required to Establish a Stepchild as a Dependent?

To establish a stepchild as a dependent, veterans must provide documentation including the stepchild’s date and place of birth, Social Security number, and the date and place of marriage to the stepchild’s parent. If the stepchild no longer lives with the veteran, additional proof is required, such as an explanation for their living arrangement and evidence that the veteran provides at least half of the child’s support.

What is the Process for Adding a Stepchild to a Veteran’s Award?

The process involves several steps, including but not limited to:

  • Establishing the veteran’s marriage to the stepchild’s parent.
  • Verifying the stepchild’s relationship to the parent.
  • Confirming that the stepchild is or was a member of the veteran’s household.
  • Submitting the appropriate forms and documentation to the VA to finalize the dependent status.

Click here to learn the step-by-step process to add or remove a dependent from your VA disability benefits online.

Can a Stepchild Still Receive Benefits if the Veteran and Their Spouse Divorce?

Yes, a stepchild can continue to receive benefits if the veteran and their spouse divorce, provided that the stepchild remains in the veteran’s household or the veteran continues to provide substantial financial support. The VA must be notified of the divorce and any changes in the stepchild’s living situation to ensure the benefits are properly maintained.

What Should Veterans Report to the VA After a Separation or Divorce?

Veterans should promptly notify the VA of any separation or divorce, providing details such as the date of the event and whether the stepchild is still living in their household. Veterans must also inform the VA if they continue to provide financial support for the stepchild, including how much support is being given. This information helps maintain accurate records and ensures that benefits continue without interruption.

What Happens if the Veteran Passes Away Before Establishing the Stepchild as a Dependent?

If a veteran dies before formally establishing the stepchild as a dependent, the stepchild may still be eligible for benefits if they were living in the veteran’s household at the time of death or receiving substantial financial support. The surviving spouse or guardian should provide all necessary documentation to the VA to support the claim.

Are Stepchildren Eligible for VA Educational Benefits and Healthcare?

Yes, stepchildren may qualify for educational benefits under the Survivors’ and Dependents’ Educational Assistance (DEA) program, which provides financial aid for higher education or vocational training. They may also be eligible for healthcare benefits under programs like CHAMPVA, depending on the veteran’s service-connected disability status.

What Happens if a Veteran Passes Away?

If a veteran passes away, their stepchild may still be eligible for benefits such as Dependency and Indemnity Compensation (DIC), the DEA program, and CHAMPVA healthcare benefits. The key factor is whether the stepchild was part of the veteran’s household at the time of death or was receiving at least half of their support from the veteran.

Can a Stepchild Still Receive Benefits if the Veteran’s Marriage Ends Before Benefits Are Granted?

Yes, if a veteran’s marriage ends before benefits are granted, the stepchild may still be recognized as the veteran’s dependent if they continue to live in the veteran’s household or receive substantial support. It is crucial to establish the stepchild as a dependent before the benefits are finalized to avoid any complications.

How Does Separation or Divorce Affect a Stepchild’s Status with the VA?

Separation or divorce does not automatically terminate a stepchild’s status as a dependent. The VA will continue to recognize the stepchild as long as they remain in the veteran’s household or the veteran provides at least half of their financial support. Veterans must update the VA on any changes to ensure continued eligibility for benefits.

What Should I Do If the Stepchild No Longer Lives with the Veteran?

If a stepchild no longer resides with the veteran, the veteran must inform the VA and provide an explanation for the child’s living arrangement. Additionally, the veteran must confirm whether they continue to provide at least half of the child’s financial support. This ensures that the stepchild remains eligible for benefits even if they do not live in the veteran’s household.

How Are Stepchildren Born to a Same-Sex Spouse During the Marriage Treated?

If a veteran’s same-sex spouse has a child during their marriage, the child is not automatically recognized as the veteran’s stepchild. For the child to be considered a dependent, the veteran must legally adopt the child. If not adopted, the VA may require an opinion from District Counsel to determine whether the child can be added as a dependent for benefits purposes.

About the Author

Brian Reese
Brian Reese

Brian Reese

Brian Reese is a world-renowned VA disability benefits expert and the #1 bestselling author of VA Claim Secrets and You Deserve It. Motivated by his own frustration with the VA claim process, Brian founded VA Claims Insider to help disabled veterans secure their VA disability compensation faster, regardless of their past struggles with the VA. Since 2013, he has positively impacted the lives of over 10 million military, veterans, and their families.

A former active-duty Air Force officer, Brian has extensive experience leading diverse teams in challenging international environments, including a combat tour in Afghanistan in 2011 supporting Operation ENDURING FREEDOM.

Brian is a Distinguished Graduate of Management from the United States Air Force Academy and earned his MBA from Oklahoma State University’s Spears School of Business, where he was a National Honor Scholar, ranking in the top 1% of his class.

Related Articles

Elite Membership

Dear Veteran,
Here’s the brutal truth about VA disability claims:

According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA…

This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month.

As a fellow disabled Veteran this is shameful and I’m on a mission to change it.

Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider.

Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time.

If accepted into our ELITE membership program, you’ll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time.

It’s FREE to get started, so click “Go Elite Now” below to complete our 3-step intake process.

  1. Complete Basic Information
  2. Sign Members Agreement
  3. Join the Mastermind Group

If you’re stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you!

Click “Go Elite Now” below to get started today and a member of our team will be in touch within minutes.

Go Elite Now!

Why Choose VA Claims Insider

You’ve exhausted your free resources

You're not alone. Thousands of other Veterans in our Community are here for you.

Veteran Community

You’re ready to get the rating you deserve

We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you.

Explore Elite Membership

We win ONLY when YOU win

Hear from fellow Veterans just like you, with many of our Veteran Ambassadors having gone through our programs.

Schedule a Call

Fellow Veterans:

For a limited time, you can book a no-obligation VA Claim Discovery Call with one of our experts.

Book A Call

Fellow Veterans:

For a limited time, you can book a no-obligation VA Claim Discovery Call with one of our experts.

Book A Call