Change Date January 26, 2016 a. Right of an requires the Department of Veterans Affairs (VA) to discontinue a Veteran’s Incarcerated disability pension effective the 61st day of incarceration following conviction Veteran’s of a felony or misdemeanor. However, this same regulation allows VA to pay Dependent(s) to pension to the Veteran’s spouse and/or child(ren) while the Veteran is Receive Pension incarcerated. VA may pay pension to the dependent(s) of an incarcerated Exception: not Veteran if the Veteran is a fugitive felon, as defined in , or the dependent is a fugitive felon, or incarcerated for conviction of a felony or misdemeanor. Notes: VA is responsible for notifying a Veteran of the right of his/her dependent(s) to receive pension at the same time it provides the Veteran with notice of the proposal to discontinue his/her benefits due to incarceration. VA must concurrently notify the Veteran’s dependent(s) of his/her(their) right to receive pension if the evidence of record indicates the existence of (an) eligible dependent(s), and VA is able to obtain contact information for the dependent(s). Attach VA Form 21-0788, Information Regarding Apportionment of to the Veteran’s notice and to the notice to the Veteran’s Beneficiary’s dependent(s). For more information about adjusting benefits based on a Reference: Veteran’s incarceration, see M21-1, Part III, Subpart v, 8.A. b. Form Effective 24, 2015, a claimant must submit to request VA Form 21-0788 Claimants Must payment of an incarcerated Veteran’s pension. Submit to Request Notes: Payment of an VA will accept a completed and signed from either the VA Form 21-0788 Incarcerated Veteran or his/her dependent(s). Veteran’s If a claimant requests payment of an incarcerated Veteran’s pension on Pension anything other than VA Form 21-0788, treat the correspondence as a request for an application, and follow the instructions in M21-1, Part III, Subpart v, 3.A.1.c. For more information about handling incomplete applications, see Reference: M21-1, Part I, 1.B.1.
Change Date January 26, 2016 a. Right of an Incarcerated Veteran’s Dependent(s) to Receive Pension requires the Department of Veterans Affairs (VA) to discontinue a Veteran’s disability pension effective the 61st day of incarceration following conviction of a felony or misdemeanor. However, this same regulation allows VA to pay pension to the Veteran’s spouse and/or child(ren) while the Veteran is incarcerated. Exception: VA may not pay pension to the dependent(s) of an incarcerated Veteran if the Veteran is a fugitive felon, as defined in , or the dependent is a fugitive felon, or incarcerated for conviction of a felony or misdemeanor. Notes: VA is responsible for notifying a Veteran of the right of his/her dependent(s) to receive pension at the same time it provides the Veteran with notice of the proposal to discontinue his/her benefits due to incarceration. VA must concurrently notify the Veteran’s dependent(s) of his/her(their) right to receive pension if the evidence of record indicates the existence of (an) eligible dependent(s), and VA is able to obtain contact information for the dependent(s). Attach VA Form 21-0788, Information Regarding Apportionment of Beneficiary’s to the Veteran’s notice and to the notice to the Veteran’s dependent(s). Reference: For more information about adjusting benefits based on a Veteran’s incarceration, see M21-1, Part III, Subpart v, 8.A. b. Form Claimants Must Submit to Request Payment of an Incarcerated Veteran’s Pension Effective 24, 2015, a claimant must submit VA Form 21-0788 to request payment of an incarcerated Veteran’s pension. Notes: VA will accept a completed and signed VA Form 21-0788 from either the Veteran or his/her dependent(s). If a claimant requests payment of an incarcerated Veteran’s pension on anything other than VA Form 21-0788, treat the correspondence as a request for an application, and follow the instructions in M21-1, Part III, Subpart v, 3.A.1.c. Reference: For more information about handling incomplete applications, see M21-1, Part I, 1.B.1.
1-26-16_Key%20Changes_M21-1III_v_8_SecB.docx