of a Beneficiary’s The effective date for adjusting the beneficiary’s award to reflect the change Award When in status is the date incarceration ended, if VA receives notice within one year Incarceration of that date. Otherwise, the effective date is the date VA first receives notice Ends that incarceration has ended. The principle described in the preceding paragraph is based on Exception: the assumption that VA received notice incarceration had ended VA had after already discontinued or reduced benefits due to incarceration. When discontinuing or reducing benefits and resuming them in a award single action (because, for example, VA was unaware of a beneficiary’s incarceration until it received notice that incarceration had ended), the proper effective date for resuming benefits is the date incarceration ended, regardless of how long after this date VA received notice. The table below describes other principles that apply to the adjustment of a beneficiary’s award at the end of a period of incarceration. If ... Then ... VA receives notice from a parole it is acceptable to adjust the or other official source that beneficiary’s award while he/she is indicates a beneficiary’s to reflect that still incarcerated incarceration will end on a specific incarceration will end on the future date and date. in the future, VA receives the notice no more than 30 days to the date Inform the beneficiary Important: incarceration will end in the corresponding decision notice that if incarceration does end on not the specified date, VA will discontinue or reduce benefits without advance notice, effective the same date it had resumed them. VA paid disability compensation in award whichever benefit is more lieu of pension to a Veteran whose favorable to the Veteran when benefits were subject to incarceration ends. discontinuance due to incarceration VA was paying the beneficiary resume payment of the same benefit either Section 306 or Old Law when incarceration ends, as long as Pension prior to incarceration entitlement still exists. Do not switch the Important: beneficiary to current-law pension unless he/she specifically elects that benefit. Important: Some of the principles and instructions contained in this block apply only to beneficiaries whose disability compensation or DIC was not apportioned, or
of a Beneficiary’s Award When Incarceration Ends The effective date for adjusting the beneficiary’s award to reflect the change in status is the date incarceration ended, if VA receives notice within one year of that date. Otherwise, the effective date is the date VA first receives notice that incarceration has ended. Exception: The principle described in the preceding paragraph is based on the assumption that VA received notice incarceration had ended after VA had already discontinued or reduced benefits due to incarceration. When discontinuing or reducing benefits and resuming them in a single award action (because, for example, VA was unaware of a beneficiary’s incarceration until it received notice that incarceration had ended), the proper effective date for resuming benefits is the date incarceration ended, regardless of how long after this date VA received notice. The table below describes other principles that apply to the adjustment of a beneficiary’s award at the end of a period of incarceration. If ... Then ... VA receives notice from a parole or other official source that indicates a beneficiary’s incarceration will end on a specific date in the future, and VA receives the notice no more than 30 days to the date incarceration will end it is acceptable to adjust the beneficiary’s award while he/she is still incarcerated to reflect that incarceration will end on the future date. Important: Inform the beneficiary in the corresponding decision notice that if incarceration does not end on the specified date, VA will discontinue or reduce benefits without advance notice, effective the same date it had resumed them. VA paid disability compensation in lieu of pension to a Veteran whose benefits were subject to discontinuance due to incarceration award whichever benefit is more favorable to the Veteran when incarceration ends. VA was paying the beneficiary either Section 306 or Old Law Pension prior to incarceration resume payment of the same benefit when incarceration ends, as long as entitlement still exists. Important: Do not switch the beneficiary to current-law pension unless he/she specifically elects that benefit. Important: Some of the principles and instructions contained in this block apply only to beneficiaries whose disability compensation or DIC was not apportioned, or
2-9-16_Key%20Changes_M21-1III_v_8_SecA.docx