Overview
In This Section |
This section contains the following topics:
|
1. Determining When UMEs Are Deductible
Introduction |
This topic contains information on determining when UMEs are deductible, including
|
Change Date |
October 18, 2018
|
V.i.3.D.1.a. Authority Under Which UMEs Are Deductible |
The authority for allowing unreimbursed medical expenses (UMEs) under
Note: UMEs can be used to reduce countable income for current-law pension, Section 306 Pension, and Parents’ DIC purposes.
|
V.i.3.D.1.b. Determining Deductible Expenses |
UMEs are not deducted from a claimant’s income on a dollar-for-dollar basis.
Use the table below to determine what medical expenses are deductible from a claimant’s income.
|
V.i.3.D.1.c. Impact of Deductible Medical Expenses on Section 306 Pension Rate |
As indicated in M21-1, Part V, Subpart i, 1.3, beneficiaries receiving Section 306 Pension cannot get a rate increase by reporting changes in income. The only time medical expenses are relevant to a Section 306 Pension case is if income would otherwise exceed the income limit.
Medical expenses can be used to enable a Section 306 pensioner to continue to receive the protected rate when income would otherwise cause the award to be discontinued for excessive income.
Reference: For more information about Section 306 Pension rates, see theprotected pension rates.
|
2. Developing for UMEs
Introduction |
This topic contains information on developing for UMEs, including
|
Change Date |
July 30, 2015
|
V.i.3.D.2.a. Using VA Form 21P-8416 for Development of Medical Expenses |
If development for medical expenses is needed, send the beneficiary Department of Veterans Affairs (VA) Form 21P-8416, Medical Expense Report.
Notes:
References: For more information on
|
V.i.3.D.2.b. Cases That Require Additional Development |
In some cases, particularly those involving nursing home fees, additional development may be necessary to determine if the claimant will be reimbursed for some of the medical expenses, since only UMEs are allowed.
Use VA Form 21P-8416, to obtain the beneficiary’s statement as to the level of UMEs.
References: For more information on
|
3. Developing for Unreimbursed Funeral and Other Final Expenses
Introduction |
This topic contains information on developing for unreimbursed funeral and other final expenses, including
|
Change Date |
August 9, 2016
|
V.i.3.D.3.a. Applicability of Deductions for Final Expenses |
A claimant’s income for VA purposes may be reduced by deducting amounts paid for certain funeral and other last expenses.
Allow a deduction only for expenses actually paid by the claimant for which he/she will not be reimbursed.
Final expenses are a factor in
|
V.i.3.D.3.c. Denying a Deduction for Expenses of Last Illness |
Deny a deduction for expenses of last illness if those same expenses have been reported to VA as unreimbursed medical expenses.
|
V.i.3.D.3.d. Definition: Burial Expenses |
The term burial expenses includes all normal expenses incident to disposition of the remains of deceased persons.
|
V.i.3.D.3.f. Definition: Just Debts |
A just debts is any debt that would be recognized by a probate court, meaning that the debt is legally enforceable and not fraudulent.
|
V.i.3.D.3.i. Determining Allowable Final Expenses |
Use the table below to determine allowable final expenses for
|
V.i.3.D.3.j. Developing for Final Expenses |
The Survivors Pension application forms, VA Form 21P-534, Application for Dependency and Indemnity Compensation, Death Pension and Accrued Benefits by a Surviving Spouse or Child (Including Death Compensation If Applicable), and VA Form 21P-534EZ, Application for DIC, Death Pension, and/or Accrued Benefits, provide space for reporting final expenses.
When developing for final expenses, use Section VI of VA Form 21-8049, Request for Details of Expenses.
Note: MAP-D should be used for development whenever possible.
Reference: For more information on MAP-D development procedures, see theMAP-D User’s Guide.
|
4. Developing for Unreimbursed Educational Expenses
Introduction |
This topic contains information on developing for unreimbursed educational expenses, including
|
Change Date |
December 13, 2005 |
V.i.3.D.4.a. Applicability of the Educational Expense Deduction to Veteran or Surviving Spouse Payees |
The educational expense deduction applies only in current-law Pension cases.
Per 38 CFR 3.272(i), a Veteran’s or surviving spouse’s income for VA purposes may be reduced by amounts paid for tuition, fees, books and necessary materials.
If the Veteran or surviving spouse is found to be in need of regular A&A, an additional deduction is allowed for transportation expenses which
|
V.i.3.D.4.b. Developing for Educational Expenses for a Veteran or Surviving Spouse Payee |
The educational expense deduction is allowed after the fact.
Send the claimant VA Form 21P-8049, if follow-up development is needed.
|
V.i.3.D.4.c. Applicability of the Educational Expense Deduction to Children |
The educational expense deduction for children applies only in current-law pension cases.
Per 38 CFR 3.272(j)(2), the educational expense deduction applies
Note: Deductible expenses include amounts paid for tuition, fees, books, and materials.
|
V.i.3.D.4.d. Developing for a Child’s Educational Expenses |
Use VA Form 21-4138, Statement in Support of Claim, to develop a child’s post-secondary education expenses.
Do not develop these expenses unless a child’s earned income exceeds the amount that can be deducted under 38 CFR 3.272(j)(1).
Reference: For the current amount of the 38 CFR 3.272(j)(1) exclusion from a child’s earnings, see the current-law pension rate charts.
|
Change-May-18-2015-Transmittal-Sheet-M21-1MRV_i_3_SecD_TS.docx | May 20, 2019 | 39 KB |
Historical_M21-1MRV_i_3_SecD_5-18-2015.doc | May 20, 2019 | 114 KB |
Change-July-30-2015-Transmittal-Sheet-M21-1MRV_i_3_SecD_TS.doc | May 20, 2019 | 68 KB |
10-18-18_Key-Changes_M21-1V_i_3_SecD.docx | May 20, 2019 | 47 KB |
8-9-16_Key-Changes_M21-1V_i_3_SecD.docx | May 20, 2019 | 54 KB |
in Chapter 3 Income and Net Worth Development, Part V Pension and Parents Dependency and Indemnity Compensation (DIC), Subpart i Eligibility and Development
Related Articles