g. Determining Determine the amount of compensation, if any, to apportion to an the Amount of incarcerated Veteran’s dependent based on the dependent’s individual Compensation need. to Apportion to an Incarcerated Consider the following when evaluating individual need: Veteran’s dependent’s income and living expenses Dependent the amount of compensation available for apportionment needs and expenses of other dependents, and special needs of any dependent. Follow the instructions in M21-1, Part III, Subpart v, 3.A.3.d for proper documentation and approval of the apportionment decision. Notes: To determine the amount of compensation VA may apportion to the dependent(s) of an incarcerated Veteran, subtract the rate payable for a disability rating of 10 percent from the rate payable to the Veteran if he/she were incarcerated. not If the Veteran’s compensation is subject to withholding for the recoupment of separation benefits, see the notes in M21-1, Part III, Subpart v, 8.A.4.c to determine the amount of compensation VA may apportion to the dependent(s) of an incarcerated Veteran. h. Handling When incarceration ends, presume a Veteran is reunited with the Apportioned dependent(s) to whom VA apportioned his/her compensation during Awards When incarceration there is evidence to the contrary. As long as there unless the Veteran Is is no evidence to the contrary, take the actions described in the table Reunited With below. His/Her Dependent(s) After Incarceration Ends Step Action 1 Discontinue the apportionment effective the first of the month following the month for which VA last paid the apportionment. 2 For the period between the date incarceration 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 compensation to which he/she is entitled, and the amount of the apportionment.
g. Determining the Amount of Compensation to Apportion to an Incarcerated Veteran’s Dependent Determine the amount of compensation, if any, to apportion to an incarcerated Veteran’s dependent based on the dependent’s individual need. Consider the following when evaluating individual need: dependent’s income and living expenses the amount of compensation available for apportionment needs and expenses of other dependents, and special needs of any dependent. Follow the instructions in M21-1, Part III, Subpart v, 3.A.3.d for proper documentation and approval of the apportionment decision. Notes: To determine the amount of compensation VA may apportion to the dependent(s) of an incarcerated Veteran, subtract the rate payable for a disability rating of 10 percent from the rate payable to the Veteran if he/she were not incarcerated. If the Veteran’s compensation is subject to withholding for the recoupment of separation benefits, see the notes in M21-1, Part III, Subpart v, 8.A.4.c to determine the amount of compensation VA may apportion to the dependent(s) of an incarcerated Veteran. h. Handling Apportioned Awards When the Veteran Is Reunited With His/Her Dependent(s) After Incarceration Ends When incarceration ends, presume a Veteran is reunited with the dependent(s) to whom VA apportioned his/her compensation during incarceration unless there is evidence to the contrary. As long as there is no evidence to the contrary, take the actions described in the table below. Step Action 1 Discontinue the apportionment effective the first of the month following the month for which VA last paid the apportionment. 2 For the period between the date incarceration 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 compensation to which he/she is entitled, and the amount of the apportionment.
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