See for a discussion regarding Reference: the payment of benefits a beneficiary is on parole, and re-incarceration of a beneficiary. i. Handling Restore to a beneficiary, benefits VA reduced or discontinued due to Notice That his/her incarceration, all benefits to which the beneficiary is otherwise Charges Were entitled, upon receipt of notice from an official source that Dismissed or Overturned or the charges that resulted in the beneficiary’s incarceration have been the Type of dismissed or were overturned, or Conviction Was the type of conviction (felony or misdemeanor) that resulted in the Changed beneficiary’s incarceration has changed such that a reduction or discontinuance of benefits is no longer required under , or . Restore benefits to the beneficiary effective the same date VA reduced or discontinued them as a result of the beneficiary’s incarceration. Do restore benefits to the beneficiary that VA apportioned Important: not (disability compensation/DIC) or paid (pension) to the beneficiary’s dependents as a result of the beneficiary’s incarceration. Reference: For a definition of source,” see M21-1, Part III, Subpart v, 8.A.3.b. “official For more information about apportioning an incarcerated Veteran’s disability compensation to his/her dependent(s), see M21-1, Part III, Subpart v, 8.B.2, and paying pension to the dependent(s) of an incarcerated Veteran, see M21-1, Part III, Subpart v, 8.B.1. 4. Other Considerations When Adjusting an Award Due to Incarceration Introduction This contains information on effective dates and rates for the discontinuance or reduction of benefit awards due to incarceration, including calculating the 61st day of incarceration beneficiaries transferred from a foreign to a U.S. penal institution, and recoupment of separation benefits during incarceration .
Reference: See for a discussion regarding the payment of benefits a beneficiary is on parole, and re-incarceration of a beneficiary. i. Handling Notice That Charges Were Dismissed or Overturned or the Type of Conviction Was Changed Restore to a beneficiary, benefits VA reduced or discontinued due to his/her incarceration, all benefits to which the beneficiary is otherwise entitled, upon receipt of notice from an official source that the charges that resulted in the beneficiary’s incarceration have been dismissed or were overturned, or the type of conviction (felony or misdemeanor) that resulted in the beneficiary’s incarceration has changed such that a reduction or discontinuance of benefits is no longer required under , or . Restore benefits to the beneficiary effective the same date VA reduced or discontinued them as a result of the beneficiary’s incarceration. Important: Do not restore benefits to the beneficiary that VA apportioned (disability compensation/DIC) or paid (pension) to the beneficiary’s dependents as a result of the beneficiary’s incarceration. Reference: For a definition of “official source,” see M21-1, Part III, Subpart v, 8.A.3.b. For more information about apportioning an incarcerated Veteran’s disability compensation to his/her dependent(s), see M21-1, Part III, Subpart v, 8.B.2, and paying pension to the dependent(s) of an incarcerated Veteran, see M21-1, Part III, Subpart v, 8.B.1. 4. Other Considerations When Adjusting an Award Due to Incarceration Introduction This contains information on effective dates and rates for the discontinuance or reduction of benefit awards due to incarceration, including calculating the 61st day of incarceration beneficiaries transferred from a foreign to a U.S. penal institution, and recoupment of separation benefits during incarceration .
2-9-16_Key%20Changes_M21-1III_v_8_SecA.docx