specifically excludes military Note: previously paid from the definition of “cash payment.” Important: In cases where the Veteran was in receipt of retired pay, and there is not past due benefit, the attorney cannot be paid. In determining the amount used for past due calculations consider any issued Audit Error Worksheet (AEW). If any of the past due benefits were withheld due to the receipt Veteran’s of military retired pay and an AEW is generated showing some or all of those withheld amounts should be released to the Veteran, the amounts to be released are subject to the direct-pay fee agreement. If Defense Finance and Accounting Service (DFAS) later submits an AEW authorizing Concurrent Retirement and Disability Pay (CRDP)/Combat Related Special Compensation (CRSC) concurrent receipt for the issues successfully appealed, this will be considered a past due benefit and the attorney should receive attorney fees from this past due amount. e. Making a The table below provides guidance on making a decision on direct payment of Direct-Pay Fee fees based on the past due benefit amount calculation derived from M21-1, Decision Based Part I, 3.C.3.c. on Past Due Benefit Calculation If, based on the calculation Then ... described above, the amount of past due benefits... is $0 deny direct payment of fees send the decision notice No Cash shown in Payment to the Claimant Part I, 3.C.11, Exhibit 4, to both the claimant and the attorney, separately addressed to each, and take a 290 end product (EP) credit. is greater than $0 withhold a portion of past-due benefits and authorize the award as provided claimant’s in this topic. Follow the steps in the table below to withhold a portion of the past-due f. Withholding via VBMS benefits via VBMS Awards regardless of whether a running award exists. Awards
Note: specifically excludes military previously paid from the definition of “cash payment.” Important: In cases where the Veteran was in receipt of retired pay, and there is not past due benefit, the attorney cannot be paid. In determining the amount used for past due calculations consider any issued Audit Error Worksheet (AEW). If any of the past due benefits were withheld due to the Veteran’s receipt of military retired pay and an AEW is generated showing some or all of those withheld amounts should be released to the Veteran, the amounts to be released are subject to the direct-pay fee agreement. If Defense Finance and Accounting Service (DFAS) later submits an AEW authorizing Concurrent Retirement and Disability Pay (CRDP)/Combat Related Special Compensation (CRSC) concurrent receipt for the issues successfully appealed, this will be considered a past due benefit and the attorney should receive attorney fees from this past due amount. e. Making a Direct-Pay Fee Decision Based on Past Due Benefit Calculation The table below provides guidance on making a decision on direct payment of fees based on the past due benefit amount calculation derived from M21-1, Part I, 3.C.3.c. If, based on the calculation described above, the amount of past due benefits... Then ... is $0 deny direct payment of fees send the decision notice No Cash Payment to the Claimant shown in Part I, 3.C.11, Exhibit 4, to both the claimant and the attorney, separately addressed to each, and take a 290 end product (EP) credit. is greater than $0 withhold a portion of past-due benefits and authorize the claimant’s award as provided in this topic. f. Withholding via VBMS Awards Follow the steps in the table below to withhold a portion of the past-due benefits via VBMS Awards regardless of whether a running award exists.