VA Form 21P-0512s-1: Old Law & Section 306 EVR

VA Form 21P-0512s-1: Old Law & Section 306 EVR – VA Form 21P-0512s-1 is a critical document for surviving spouses of veterans who receive protected Old Law or Section 306 Pension benefits. This form helps the Department of Veterans Affairs (VA) verify ongoing eligibility by reporting changes in income, marital status, dependents, and other factors.

Download the latest version here:
Download VA Form 21P-0512s-1 (PDF) Official VA Download (Revised June 2024).

What Is VA Form 21P-0512s-1?

VA Form 21P-0512s-1, titled Old Law and Section 306 Eligibility Verification Report (Surviving Spouse), is used exclusively by surviving spouses receiving these legacy pension programs. It verifies that recipients continue to meet eligibility criteria, primarily related to income, net worth (for Section 306), marital status, and dependents.

The form is typically mailed to recipients as needed for verification, not annually for all unless changes occur or specifically requested. Always read the accompanying VA Form 21P-0510 (EVR Instructions) before completing it.

Who Must File VA Form 21P-0512s-1?

This form applies to surviving spouses currently receiving:

  • Old Law Pension: Fixed-rate pension entitlement established around or before 1960.
  • Section 306 Pension: Fixed-rate pension entitlement established before January 1, 1979.

Note: Recipients of these protected pensions may elect to switch to the modern Improved Survivors Pension program, which has different rules and potentially higher rates but requires meeting current income and net worth limits. Once switched or if entitlement is lost, you generally cannot return to Old Law or Section 306 benefits.

Key Differences: Old Law vs. Section 306 Pension

  • Old Law Pension: Do not complete net worth (Item 7G) or family medical expenses sections.
  • Section 306 Pension: Complete all items, including net worth reporting.

These are “protected” pensions with fixed rates that differ from the needs-based Improved Pension available to later claimants. Current protected rates for survivors are outlined on the VA website.

How to Complete VA Form 21P-0512s-1 Step by Step?

  1. Personal Information: Provide veteran’s and surviving spouse’s names, SSNs, dates of birth, VA file number, and mailing address.
  2. Marital Status (Item 2): Report if you have not remarried, remarried (with dates), or if a subsequent marriage ended.
  3. Dependents: Report unmarried dependent children in or not in your custody.
  4. Nursing Home Information (Item 4): Details if applicable, including Medicaid coverage.
  5. Employment/Wages (Item 5) and Other VA Benefits (Item 6).
  6. Income Reporting (Items 7A–7F): Monthly and annual gross income from various sources for this year and last year. Report changes.
  7. Net Worth (Item 7G): Required only for Section 306.
  8. Medical Expenses (Item 8): Use VA Form 21P-8416 if required for Section 306.
  9. Signature and Certification: Sign under penalty of law for accuracy.

Tip: Write “0” or “none” for any blank income/net worth fields. Do not leave items empty.

Why Is This Form Important for VA Pension Eligibility?

Filing accurately helps maintain your monthly pension payments. Changes in income, remarriage, or net worth can affect or end eligibility. The VA uses this information to adjust benefits or determine continued entitlement under the protected pension rules.

Failure to respond or provide false information can result in penalties, including fines or imprisonment.

How to Submit VA Form 21P-0512s-1?

  • Mail the completed form to the address on the form or your local VA Regional Office.
  • Keep copies for your records.
  • Contact the VA at 1-800-827-1000 or through va.gov for assistance.

For general Survivors Pension information or to explore switching programs, visit the official VA page.

Common Questions About Old Law and Section 306 Pensions

Can I switch to Improved Pension?
Yes, many recipients elect to do so for potentially better benefits. Consult a VA-accredited representative or visit va.gov.

What if my situation changes?
Report changes promptly using the appropriate EVR form to avoid overpayments or loss of benefits.

Are there income limits?
Protected pensions have specific rules; Improved Pension uses annual Maximum Annual Pension Rates (MAPR) adjusted yearly. Check current rates on va.gov.

Additional Resources for Surviving Spouses

Disclaimer: This article provides general information based on official VA sources as of 2026. Benefit rules can change. Always verify with the VA or a qualified veterans service officer for personalized advice. This is not legal advice.