(a) Except as provided in paragraph (b) of this section, a child of a veteran adopted out of the family of the veteran either prior or subsequent to the veteran’s death is nevertheless a child within the meaning of that term as defined by § 3.57 and is eligible for benefits payable under all laws administered by the Department of Veterans Affairs.

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(b) A child of a veteran adopted out of the family of the veteran is not a child within the meaning of § 3.57 for purposes of any benefits provided under 38 U.S.C. § 1115, Additional compensation for dependents.

(Authority: 38 U.S.C. § 101(4)(A), 1115).Cross References:

Child. See § 3.57. Veteran’s benefits not apportionable. See § 3.458.

[80 FR 48451, Aug. 13, 2015]