[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR10.37]

[Page 538]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 10_ADJUSTED COMPENSATION--Table of Contents
 
Sec.  10.37  Claim of widow not living with veteran at time of 

veteran's death.

    If a veteran and widow were not living together at the time of the 
death of the veteran the widow will be required to establish:
    (a) That the living apart was not due to her willful act, and
    (b) Actual dependency upon the veteran at the time of his death or 
at any time thereafter and before January 2, 1935.
    (1) A determination of what shall constitute a willful act, as used 
in section 602(a) of the Act, as amended, will be made upon 
consideration of all facts relating to such act and upon such 
investigation of such facts as may be deemed warranted. For the purpose 
of this section, the fact that a veteran lived apart from the widow 
because of any act by the widow involving desertion or moral turpitude 
will be construed as the willful act of the widow. Cause of separation 
and time and duration of separation at the time of the death of the 
veteran shall be taken into consideration in determining a willful act.
    (2) A determination of the existence of actual dependency will be 
made under the criteria set forth in Sec. Sec.  10.32 and 10.33 with 
respect to dependency of a mother or father.