In This Chapter |
This chapter contains the following topics:
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1. Awards and Payments Following the Disappearance of a Veteran
Introduction |
This topic contains information on handling awards and payments following the disappearance of a Veteran, including
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Change Date |
October 30, 2019 |
VI.iii.4.1.b. Processing an 810WI |
Follow the instructions in the table below when processing the 810WI referenced in M21-1, Part VI, Subpart iii, 4.1.a.
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VI.iii.4.1.c. Actions to Take Following Receipt of a Six-Month Follow-Up Notice on an 810WI |
Following receipt of a six-month follow-up notice on an 810WI, attempt to obtain a current address from the Veteran by telephone. If such attempts are
References: For more information on
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2. Payments to Dependents Upon the Disappearance of a Veteran
Introduction |
This topic contains information on making payments to dependents upon the disappearance of a Veteran, including
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Change Date |
October 30, 2019 |
VI.iii.4.2.a. Paying a Veteran’s Benefits to a Dependent(s) |
Under 38 CFR 3.656, if a Veteran was receiving, or was entitled to receive, disability compensation, current-law pension, or Section 306 Pension, and their whereabouts remain unknown for a period of 90 days or more, those benefits may be paid to or for
Note: Do not pay dependents Old-Law Pension and special monthly pension for the Medal of Honor. |
VI.iii.4.2.b. Developing for the Dependent’s Entitlement |
Before VA undertakes development to determine a dependent’s potential entitlement to benefits under 38 CFR 3.656, the dependent, or someone on their behalf, must make a specific request using VA Form 21-0788, Information Regarding Apportionment of Beneficiary’s Award.
Notes:
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VI.iii.4.2.c. How to Prepare an Award of a Veteran’s Benefits to a Dependent(s) |
Follow the steps in the table below to prepare an award of a Veteran’s benefits to a dependent(s) under 38 CFR 3.656.
Note: If the Veteran’s award was previously stopped because their whereabouts were unknown (as discussed in M21-1, Part VI, Subpart iii, 4.1.c), and payment of their benefits to a dependent(s) is now in order,
Reference: For more information on preparing an apportionment award, see the VBMS Awards User Guide. |
VI.iii.4.2.g. Example 1: Determining Payment Rates |
Situation: The Veteran was receiving compensation in the amount of $774, including an additional amount for a spouse, for a static disability evaluated as 70-percent disabling, subject to an insurance deduction in the amount of $15. The DIC rate available to the spouse is $564, based on the pay grade E-1 from 04/01/1990.
Result: Since the DIC rate is less than the rate of compensation payable to the Veteran, the full DIC rate is payable to the spouse. |
VI.iii.4.2.h. Example 2: Determining Payment Rates |
Situation: The Veteran was receiving compensation in the amount of $617, including an additional amount for a spouse, for a static disability evaluated as 60-percent disabling, subject to an insurance deduction of $22. The DIC rate available to the spouse is $597, based on pay grade E-3 from 04/01/1990.
Result: Since the amount payable to the spouse, plus the insurance deduction, may not exceed the amount of compensation the Veteran was receiving, only $595, and not the full DIC rate, is payable to the spouse. |
VI.iii.4.2.i. Example 3: Determining Payment Rates |
Situation: The Veteran was receiving pension in the amount of $628, including additional pension for a spouse, subject to an insurance deduction of $15. On the basis of the spouse’s income, the Survivors Pension rate would be $323.
Result: Since the amount of Survivors Pension based on the income of the spouse is less than the Veteran’s rate of pension, the Survivors Pension rate of $323 is payable to the spouse. The Veteran’s award makes no provision for continuation of the insurance deduction, and the Veteran’s gross entitlement is carried as a withholding. |
3. Continuation of Awards and Controls Upon the Disappearance of a Veteran
Introduction |
This topic contains information on
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Change Date |
July 11, 2015 |
VI.iii.4.3.a. Establishing Control for a Decision on Presumption of Death |
For a decision on presumption of death, establish a diary in Share using reason code 13, Disappearance 7-Year Review.
References: For more information on
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VI.iii.4.3.b. Handling Controls in Pension Cases |
In pension cases
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VI.iii.4.3.c. Handling Controls in Compensation Cases |
Do not cancel any control previously established for a future examination in a compensation case solely because a Veteran disappeared.
Use the table below to decide how to handle controls in compensation cases involving a Veteran who has disappeared.
Reference: For more information on how to handle a Veteran’s failure to report for examination, see
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VI.iii.4.3.d. Effective Date for Adjustment of Compensation Awards |
The effective date for adjustment or discontinuance of compensation awards is the date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION page in VBMS. |
VI.iii.4.3.e. Continuing and Discontinuing Awards for Insurance Purposes |
In some cases, the Veteran’s award is continued with the amount needed to cover an insurance deduction.
Discontinue payment of the amount awarded for insurance purposes if any of the following occur:
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VI.iii.4.3.f. Adjusting Apportionee Awards When Insurance Purpose Awards Are Discontinued |
Review any apportionee awards for necessary adjustments if payment for an insurance deduction on the Veteran’s award is terminated.
Review the Veteran’s award for appropriate amendments if apportionee awards are adjusted. |
4. Action Upon the Reappearance of a Veteran
Change Date |
July 11, 2015 |
VI.iii.4.4.a. Actions Upon Reappearance of a Veteran |
Follow the steps in the table below when a Veteran reappears and their whereabouts become known.
References: For more information on
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