Do reduce a based on his/her Important: not compensation Veteran’s incarceration if the incarceration is for conviction of a misdemeanor. If a Veteran entitled to both compensation and pension was receiving b. Resuming the Benefits of a compensation in lieu of pension during incarceration, follow the instructions Veteran in the table below when incarceration ends. Entitled to Both Compensation and Pension When Incarceration Ends If ... Then ... compensation continues to adjust the award according to the instructions in Veteran’s be the greater benefit after incarceration ends M21-1, Part III, Subpart v, 8.A.5, and M21-1, Part III, Subpart v, 8.B.2.h through j, as applicable. follow the instructions in M21-1, Part III, Subpart v, 8.A.5 for pension is the greater selecting an effective date for resuming the payment of pension. benefit after incarceration ends, and VA was not apportioning the compensation Veteran’s to his/her dependent(s) while the Veteran was incarcerated pension is the greater discontinue the apportionment to the dependent(s) Veteran’s benefit after effective the first of the month following the month for which incarceration ends, and VA last paid the apportionment VA was apportioning the for the period between the date incarceration ended and the compensation first of the month following the month for which VA last paid Veteran’s to his/her dependent(s) the apportionment, pay the Veteran the difference between while the Veteran was the full amount of pension to which he/she is entitled, and incarcerated the amount of the apportionment resume payment of the full amount of pension to which the Veteran is entitled effective the first of the month following the month for which VA last paid the apportionment, and notify both the Veteran and his/her dependent(s) of the adjustments made to their individual awards, according to the instructions in M21-1, Part III, Subpart v, 2.B. Inform the dependent(s) that he/she(they) may submit a claim for an apportionment of the benefits if, after incarceration, Veteran’s the Veteran no longer resides with the dependent(s).
Important: Do not reduce a Veteran’s compensation based on his/her incarceration if the incarceration is for conviction of a misdemeanor. b. Resuming the Benefits of a Veteran Entitled to Both Compensation and Pension When Incarceration Ends If a Veteran entitled to both compensation and pension was receiving compensation in lieu of pension during incarceration, follow the instructions in the table below when incarceration ends. If ... Then ... compensation continues to be the greater benefit after incarceration ends adjust the Veteran’s award according to the instructions in M21-1, Part III, Subpart v, 8.A.5, and M21-1, Part III, Subpart v, 8.B.2.h through j, as applicable. pension is the greater benefit after incarceration ends, and VA was not apportioning the Veteran’s compensation to his/her dependent(s) while the Veteran was incarcerated follow the instructions in M21-1, Part III, Subpart v, 8.A.5 for selecting an effective date for resuming the payment of pension. pension is the greater benefit after incarceration ends, and VA was apportioning the Veteran’s compensation to his/her dependent(s) while the Veteran was incarcerated discontinue the apportionment to the Veteran’s dependent(s) effective the first of the month following the month for which VA last paid the apportionment for the period between the date incarceration ended and the first of the month following the month for which VA last paid the apportionment, pay the Veteran the difference between the full amount of pension to which he/she is entitled, and the amount of the apportionment resume payment of the full amount of pension to which the Veteran is entitled effective the first of the month following the month for which VA last paid the apportionment, and notify both the Veteran and his/her dependent(s) of the adjustments made to their individual awards, according to the instructions in M21-1, Part III, Subpart v, 2.B. Inform the dependent(s) that he/she(they) may submit a claim for an apportionment of the Veteran’s benefits if, after incarceration, the Veteran no longer resides with the dependent(s).