For more information about handling incomplete applications, see Reference: M21-1, Part I, 1.B.1.b. The entitlement of a dependent(s) to pension during the c. Determining Veteran’s Veteran’s the Entitlement incarceration is based on the following factors of an Incarcerated except for the incarceration, the Veteran must otherwise remain Veteran’s Veteran’s eligible to receive pension, and Dependent(s) to the dependent(s) must meet the income requirements for Veteran’s Pension Survivors Pension (without consideration of the income). Veteran’s limits the amount of pension VA may pay to an incarcerated d. Determining Veteran’s the Amount of dependent(s) to the of the following lesser Pension VA May Pay to the the amount of pension to which the Veteran was entitled before VA Dependent(s) of discontinued his/her pension due to incarceration, or an Incarcerated the amount of Survivors Pension to which the dependent(s) would be Veteran entitled based on current income. Scenario: In April 2006, VA discontinued the payment of pension to a Veteran, effective January 10, 2006, due to his incarceration. Prior to this action, VA had been paying the Veteran $1,305.00 per month, based on annual income for VA purposes (IVAP) of $1800.00. This amount included additional benefits for a spouse and two children. In May 2006, the spouse requested the payment of pension for Veteran’s herself and the two children during the incarceration. Veteran’s The and annual IVAP is $900.00. spouse’s children’s limits the monthly amount of pension VA may pay to the spouse and Result: children to $849.00. This represents the monthly amount of Survivors Pension to which the spouse would be entitled, which is also less than the monthly amount of pension to which the Veteran was entitled prior to incarceration.
Reference: For more information about handling incomplete applications, see M21-1, Part I, 1.B.1.b. c. Determining the Entitlement of an Incarcerated Veteran’s Dependent(s) to Pension The entitlement of a Veteran’s dependent(s) to pension during the Veteran’s incarceration is based on the following factors except for the Veteran’s incarceration, the Veteran must otherwise remain eligible to receive pension, and the Veteran’s dependent(s) must meet the income requirements for Survivors Pension (without consideration of the Veteran’s income). d. Determining the Amount of Pension VA May Pay to the Dependent(s) of an Incarcerated Veteran limits the amount of pension VA may pay to an incarcerated Veteran’s dependent(s) to the lesser of the following the amount of pension to which the Veteran was entitled before VA discontinued his/her pension due to incarceration, or the amount of Survivors Pension to which the dependent(s) would be entitled based on current income. Scenario: In April 2006, VA discontinued the payment of pension to a Veteran, effective January 10, 2006, due to his incarceration. Prior to this action, VA had been paying the Veteran $1,305.00 per month, based on annual income for VA purposes (IVAP) of $1800.00. This amount included additional benefits for a spouse and two children. In May 2006, the Veteran’s spouse requested the payment of pension for herself and the two children during the Veteran’s incarceration. The spouse’s and children’s annual IVAP is $900.00. Result: limits the monthly amount of pension VA may pay to the spouse and children to $849.00. This represents the monthly amount of Survivors Pension to which the spouse would be entitled, which is also less than the monthly amount of pension to which the Veteran was entitled prior to incarceration.