[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: 38CFR10.39]

[Page 538-539]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 10_ADJUSTED COMPENSATION--Table of Contents
 
Sec.  10.39  Mental or physical defect of child.

    If claim is made under section 602(b), (2), of title IV of the Act 
as amended, alleging that a child over 18 years of age was incapable of 
self-support at the death of the veteran or that he became incapable of 
self-support subsequent to the death of the veteran but on or before 
January 2, 1935, or that he was incapable of self-support at the 
disappearance of the veteran or became incapable of self-support after 
the disappearance of the veteran and before the expiration of the period 
of seven years mentioned in section 312(c), (2), of the Act, it will be 
necessary to furnish evidence as to the mental or physical condition of 
the child at the time it is alleged he became incapable of self-support.
    (a) Where incapability of self-support by reason of the mental 
defect of the child is alleged, the following evidence will be required:
    (1) Certified copy of court order or decree declaring the child to 
be mentally incompetent; or
    (2) A report of a licensed physician setting forth all of the facts 
as to the child's mental condition; or
    (3) The affidavit of the person having custody and control of the 
child, setting forth all of the available information as to the child's 
mental condition. The affidavit must be substantiated by two competent 
disinterested persons who shall state that they personally know the 
child, that they have read the affidavit made by the person having 
custody and control of the child, and that the information therein set 
forth is true to the best of their knowledge and belief.
    (b) Where incapability of self-support by reason of physical defect 
of the

[[Page 539]]

child is alleged, the following evidence will be required:
    (1) Report of a licensed physician setting forth all of the facts as 
to the child's physical condition; and
    (2) Affidavit of the child regarding his physical condition and the 
affidavits of two competent disinterested persons, who shall state that 
they personally know the claimant, that they have read his affidavit and 
that the same is true to the best of their knowledge and belief.