Overview
In This Section |
This section contains the following topics:
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1. Apportioning Awards in Survivors Cases
Introduction |
This topic discusses special procedures that apply when apportioning awards in survivors cases, including
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Change Date |
February 16, 2018
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III.v.3.C.1.a. Determining the Proper Amount to Apportion in Survivors Cases |
The amount of benefits the Department of Veterans Affairs (VA) may apportion to a surviving spouse’s child is dictated by regulation and varies based on the type of benefit the surviving spouse is receiving, as shown in the table below.
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III.v.3.C.1.b. Additional Amounts Payable for a Child/Children |
The additional amount of DIC, Section 306 Survivors Pension, and Old-Law Pension payable for any child or children in custody of a surviving spouse should be included in the surviving spouse’s share.
Notes:
Reference: For more information on managing apportionments in the
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III.v.3.C.1.c. Processing Notice That a Child Is No Longer in the Surviving Spouse’s Custody |
The following table provides the procedures to follow when VA receives notification that a child is no longer in the custody of the surviving spouse who is receiving current-law survivors pension.
Reference: For more information on managing apportionments in
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III.v.3.C.1.d. Discontinuing Apportionments in Survivors Cases |
Apportionments in survivors cases may be discontinued from a future effective date in anticipation of the
The following table describes additional situations that require
When a child’s entitlement ends, take action based on the following references.
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2. Apportioning Awards Involving Incompetent Veterans
Introduction |
This topic contains information on apportioning an incompetent Veteran’s benefits, including
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Change Date |
February 16, 2018
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III.v.3.C.2.b. Awarding Benefits to an Incompetent Veteran’s Spouse |
38 CFR 3.850(a)(2) and 38 CFR 13.57, authorize VA to pay the full benefit due to the incompetent Veteran to his or her spouse, for the use of the Veteran and dependents.
Such an award is not an apportionment, but an award to a spouse in a fiduciary capacity. As such, this award is subject to apportionment for other dependents of the Veteran not being provided for by the spouse.
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III.v.3.C.2.c. Handling an Apportioned Award for an Incompetent Veteran Not Hospitalized |
When the rating activity makes a formal rating of incompetency in accordance withM21-1, Part III, Subpart iv, 8.A.3.a, in the case of a Veteran who is nothospitalized, notify the fiduciary hub as provided in M21-1, Part III, Subpart v, 9.A.1.
Use the following table for guidance on handling an apportioned award of an incompetent Veteran if the Veteran lives with the dependents, or if some of the dependents do not live with the Veteran.
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III.v.3.C.2.d. References for Handling an Apportioned Award for a Hospitalized Incompetent
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Use the table below to locate the procedures for handling an apportioned award for a hospitalized Veteran.
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3. Apportioning Awards Involving Foreign Residents
Introduction |
This topic contains information about the payment of benefits to Veterans and/or dependents residing in a foreign country, including
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Change Date |
February 16, 2018
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III.v.3.C.3.a. Jurisdiction of the Claims Folder in Foreign Resident Beneficiary Cases |
When a Veteran is a foreign resident, jurisdiction over his/her claims folder is permanently transferred in accordance with M21-1, Part III, Subpart vi, 3.A.2.
When a Veteran who is not a foreign resident has a dependent who is a foreign resident, the RO having jurisdiction over the Veteran’s claims folder is responsible for
Note: All checks identified by a foreign mail code are automatically referred for special handling in accordance with
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III.v.3.C.3.b. Countries to Which the Treasury Department Will Not Send Checks |
The Treasury Department maintains a list of countries to which it will not send Treasury checks because there is no reasonable assurance the payee will receive and be able to negotiate the check at full value.
References: For more information on the principle expressed in the preceding paragraph, see M21-1, Part III, Subpart vi, 3.B.1.
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III.v.3.C.3.c. Payments to an Apportionee Who Resides in a Treasury Department-Listed Country |
Give special consideration to apportionments involving apportionees who reside in a Treasury Department-listed country.
Apportion benefits to a dependent residing in a listed country only if the requirements of 38 CFR 3.653(c) are met.
If the requirements are not met,
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III.v.3.C.3.d. Payments to a U.S. Citizen Veteran Who Resides in a Treasury Department-Listed Country |
It is not necessary to discontinue payments to a U.S. citizen Veteran who resides in a Treasury Department-listed country. These payments are automatically deposited in a special account in the Treasury, per M21-1, Part III, Subpart vi, 3.B.1.d.
If VA is ever unable to confirm the Veteran’s existence, discontinue his/her award effective the date in the LAST PAID DATE field on the AWARD INFORMATION tab in Share.
If an RO decides to apportion benefits under 38 CFR 3.451 to a Veteran’s dependent who does not reside with the Veteran in a listed country, maintain an annual control for required information as provided in the Treasury Department list.
If VA is ever unable to confirm the Veteran’s existence, wait until one year has passed since VA last confirmed the Veteran’s existence before discontinuing the apportionment. The proper effective date for discontinuing the apportionment in this situation is the date in the LAST PAID DATE field on the AWARD INFORMATION tab in Share.
Note: It may be necessary to issue a notice of proposed adverse action, as discussed in M21-1, Part I, 2.B, before discontinuing benefits.
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III.v.3.C.3.e. Payments to a Non-U.S. Citizen Veteran Who Resides in a Treasury Department-Listed Country |
Discontinue payments to a Veteran effective the date in the LAST PAID DATE field on the AWARD INFORMATION tab in Share when he/she
VA may apportion disability compensation upon receipt of a claim by or on behalf of a dependent of such a Veteran only if the dependent
The amount of the apportionment should not exceed the amount which would be payable to dependents of the same class if the non-U.S. citizen Veteran were dead. Payments may not be authorized until the following is established:
If VA is ever unable to confirm the Veteran’s existence, wait until one year has passed since VA last confirmed the Veteran’s existence before discontinuing the apportionment. The proper effective date for discontinuing the apportionment in this situation is the date in the LAST PAID DATE field on the AWARD INFORMATION tab in Share.
Note: It may be necessary to issue a notice of proposed adverse action, as discussed in M21-1, Part I, 2.B, before discontinuing benefits.
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4. Apportionment Restriction for Adopted Children
Change Date |
February 16, 2018
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III.v.3.C.4.a. Apportionment Restriction for Adopted Children |
38 CFR 3.458(d) prohibits the apportionment of disability compensation for a child legally adopted by another person. (Effective September 14, 2015, for the purpose of determining entitlement to benefits provided under 38 U.S.C. 1115 and 38 CFR 3.4(b)(2), a child adopted out of a Veteran’s family is not recognized as a child under 38 CFR 3.57.)
Except as noted in VAOPGCREC 16-94, 38 CFR 3.458(d) prohibits the apportionment of pension for a child legally adopted by another person.
References: For more information regarding the effect of the adoption of a Veteran’s child on an award of
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Historical_M21-1III_v_3_SecC_9-14-15.doc | May 16, 2019 | 147 KB |
2-16-18_Key-Changes_M21-1III_v_3_SecC.docx | May 16, 2019 | 67 KB |
9-14-2015_Key-Changes_M21-1III_v_3_SecC.docx | May 16, 2019 | 62 KB |
Change-April-14-2015-Transmittal-Sheet-M21-1III_v_3_SecC_TS.docx | May 16, 2019 | 37 KB |
Change-April-8-2015-Transmittal-Sheet-M21-1III_v_3_SecC_TS.docx | May 16, 2019 | 43 KB |
Transmittal-Sheet-M21-1MRIII_v_3_SecC_TS.docx | May 16, 2019 | 39 KB |
in Chapter 3 Apportionments, Part III General Claims Process, Subpart v General Authorization Issues and Claimant Notification
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