SUBJECT field under DOCUMENT PROPERTIES. For more information on handling a notice of disagreement Reference: (NOD) with an apportionment decision, see M21-1, Part III, Subpart v, 3.A.3.k. c. Determining After making a decision to apportion benefits, determine the amount to the Amount of apportion from an equitable assessment of any hardship or demonstrated need an on the part of the primary beneficiary and the claimant. Consider such factors Apportionment as the amount of VA benefits available other resources and income of the primary beneficiary and the claimant, and special needs of the primary beneficiary and the claimant. Consider the criteria in the table below when evaluating an apportionment claim under different benefit programs. Benefit Program Criteria compensation and Survivors Pension See and Authority: Veterans Pension , or Court of Appeals for Veterans Claims Note: (CAVC) decision in distinguishes adjudication under one regulation as being independent of the other regulation. This decision did not identify a need for hardship to apportion Veterans Pension. DIC , or Veterans Pension adjusted for a hospitalized or incompetent Veteran When the primary beneficiary is receiving additional benefits for Important: dependents, and the evidence shows he/she is not reasonably contributing to their support, hardship for the primary beneficiary would normally result not from apportionment of the additional amount payable for such dependents.
SUBJECT field under DOCUMENT PROPERTIES. Reference: For more information on handling a notice of disagreement (NOD) with an apportionment decision, see M21-1, Part III, Subpart v, 3.A.3.k. c. Determining the Amount of an Apportionment After making a decision to apportion benefits, determine the amount to apportion from an equitable assessment of any hardship or demonstrated need on the part of the primary beneficiary and the claimant. Consider such factors as the amount of VA benefits available other resources and income of the primary beneficiary and the claimant, and special needs of the primary beneficiary and the claimant. Consider the criteria in the table below when evaluating an apportionment claim under different benefit programs. Benefit Program Criteria compensation and Survivors Pension Authority: See and Veterans Pension , or Note: Court of Appeals for Veterans Claims (CAVC) decision in distinguishes adjudication under one regulation as being independent of the other regulation. This decision did not identify a need for hardship to apportion Veterans Pension. DIC , or Veterans Pension adjusted for a hospitalized or incompetent Veteran Important: When the primary beneficiary is receiving additional benefits for dependents, and the evidence shows he/she is not reasonably contributing to their support, hardship for the primary beneficiary would not normally result from apportionment of the additional amount payable for such dependents.
12-3-15_Key%20Changes_M21-1III_v_3_SecA.docx