f. Notice of If VA does not receive notice of a Veteran’s incarceration until after Incarceration incarceration has ended, and discontinuation of the Veteran’s benefits Received After due to incarceration is otherwise in order, no pension is payable to the Incarceration Veteran’s dependent(s). Has Ended VA may still award pension to the Veteran’s dependent(s) Important: under these circumstances but only for the purpose of reducing the overpayment resulting from retroactive discontinuance of the Veteran’s benefits due to incarceration. The Veteran’s dependent(s) will not receive any actual payments. g. Procedure Follow the instructions in the table below to reduce or eliminate an for existing overpayment in a Veteran’s account when an the overpayment is the result of retroactive discontinuance of the Veteran’s Overpayment pension because he/she was incarcerated, and Resulting From the Veteran has a dependent or dependents that are entitled to the Veteran’s a Veteran’s pension during his/her period of incarceration. Incarceration Important: The instructions presented in the table below are for application when a decision has been made to award an incarcerated Veteran’s to his/her dependent(s), or pension apportion an incarcerated Veteran’s to his/her dependent(s). compensation Although the payment of pension to a Veteran’s dependent(s) under is not an apportionment, it is treated as such in the procedure described in the table below. Step Action 1 Follow the instructions in the or the (whichever applies) to reflect the decision to apportion benefits to the Veteran’s dependent(s). To determine the effective date of payment of the Important: apportionment, follow the instructions for pension in M21-1, Part III, Subpart v, 8.1.e, or compensation in M21-1, Part III, Subpart v, 8.2.c. 2 Generate the to the apportionee(s) by clicking on the GENERATE AWARD button on the RECORD DECISIONS screen. 3 When the ADDRESS DISPLAY screen appears, confirm or, if necessary, change the address of the apportionee(s), and click on the CONTINUE GENERATION button.
f. Notice of Incarceration Received After Incarceration Has Ended If VA does not receive notice of a Veteran’s incarceration until after incarceration has ended, and discontinuation of the Veteran’s benefits due to incarceration is otherwise in order, no pension is payable to the Veteran’s dependent(s). Important: VA may still award pension to the Veteran’s dependent(s) under these circumstances but only for the purpose of reducing the overpayment resulting from retroactive discontinuance of the Veteran’s benefits due to incarceration. The Veteran’s dependent(s) will not receive any actual payments. g. Procedure for an Overpayment Resulting From a Veteran’s Incarceration Follow the instructions in the table below to reduce or eliminate an existing overpayment in a Veteran’s account when the overpayment is the result of retroactive discontinuance of the Veteran’s pension because he/she was incarcerated, and the Veteran has a dependent or dependents that are entitled to the Veteran’s pension during his/her period of incarceration. Important: The instructions presented in the table below are for application when a decision has been made to award an incarcerated Veteran’s pension to his/her dependent(s), or apportion an incarcerated Veteran’s compensation to his/her dependent(s). Although the payment of pension to a Veteran’s dependent(s) under is not an apportionment, it is treated as such in the procedure described in the table below. Step Action 1 Follow the instructions in the or the (whichever applies) to reflect the decision to apportion benefits to the Veteran’s dependent(s). Important: To determine the effective date of payment of the apportionment, follow the instructions for pension in M21-1, Part III, Subpart v, 8.1.e, or compensation in M21-1, Part III, Subpart v, 8.2.c. 2 Generate the to the apportionee(s) by clicking on the GENERATE AWARD button on the RECORD DECISIONS screen. 3 When the ADDRESS DISPLAY screen appears, confirm or, if necessary, change the address of the apportionee(s), and click on the CONTINUE GENERATION button.
2-12-16_Key%20Changes_M21-1III_v_8_SecB.docx