M21-1, Part III, Subpart vi, Chapter 2, Section A – Simultaneous Award Adjustments

In This Section

Introduction

• simultaneous award adjustments in compensation and pension awards, and
• examples of
  • a single legal transaction, and
  • multiple legal transactions.

Change Date

III.vi.2.A.1.a.  Simultaneous Award Adjustments in Compensation and Pension Awards

• related factual circumstances that result in a single legal transaction, or
• unrelated factual circumstances that result in multiple legal transactions.

III.vi.2.A.1.b.  Example:  Single Legal Transaction

III.vi.2.A.1.c.  Example:  Multiple Legal Transactions

• In this example, the facts relate to separate and distinct issues that result in multiple legal transactions:
  • adjustment for loss of a dependent, and
  • an increased disability evaluation.
• Under these circumstances,
  • process the award for the increased evaluation, and
  • defer processing the reduction for the loss of the spouse untilafter the system has posted the increase (usually overnight).

Introduction

• when simultaneous award adjustments are permitted
• when multiple award adjustments are not permitted, and
• procedure when simultaneous award adjustments are not permitted.

Change Date

III.vi.2.A.2.a.  When Simultaneous Award Adjustments Are Permitted

III.vi.2.A.2.b.  When Multiple Award Adjustments Are Not Permitted

• at least one adjustment would create an overpayment, if processed by itself, and
• another adjustment would increase benefits, if processed by itself.

• The term before offset means that if the award adjustment creating an overpayment and the award adjustment creating an increase are processed simultaneously before the amount of debt is put into the payment system for collection, VA recovers the overpayment created for the one issue with the increase or retroactive benefit created by the other.  In this case, the increase would offset the debt.
• Pension awards are based on the income IVAP and the MAPR.  Therefore, these awards should always be considered a single legal transaction.

III.vi.2.A.2.c.  Procedure When Simultaneous Award Adjustments Are Not Permitted

Change Date

III.vi.2.A.3.a.  Processing a Claimant’s Disagreement With an Overpayment

• VA’s duty to sympathetically read correspondence from a beneficiary, see Edwards v. Peake, 22 Vet.App. 29 (2008)
• legacy appeals, see M21-1, Part I, 5
• higher-level reviews, see M21-1, Part I, 6
• supplemental claims, see M21-1, Part III, Subpart ii, 2.D, and
• COWC, see M21-1, Part III, Subpart vi, 2.A.4.

Introduction

• description of COWC, and
• purpose of COWC.

Change Date

III.vi.2.A.4.a.  Description of COWC

• waivers of debts, and
• repayment offers.

III.vi.2.A.4.b.  Purpose of COWC

• the validity of a debt, and
• whether to grant or deny a payee’s request for waiver or compromise.