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Updated Jan 03, 2024

In This Chapter

This chapter contains the following topics:
Topic
Topic Name
1
2
3
4

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

Change Date

October 30, 2019

VI.iii.4.1.a.  Automatic Suspension of Payments on a Veteran’s Disappearance

If two consecutive checks to a Veteran are returned indicating Whereabouts Unknown or Moved Left No Address,
  • payments are automatically suspended during processing of the returned check, and
  • an 810 Work ItemNotice of Benefit Payment Transaction (810WI), is generated with claim label 612 Account Suspended – Undeliverable Payment, as notification of the suspended payments.
Reference:  For more information on 800 series work items, see

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.
If …
Then …
no award action is required
  • the Department of Veterans Affairs (VA) subsequently receives notice of a valid address, and
  • entitlement is otherwise in order
restart the award effective the date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION page in the Veterans Benefits Management System (VBMS).
in compensation cases, there is a deduction for payment of
  • National Service Life Insurance
  • U.S. Government Life Insurance premiums
  • Veterans Mortgage Life Insurance premiums, or
  • insurance loan payments
take award action to continue the insurance deduction.
 

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
  • successful,
    • update the corporate record to reflect the correct address, and
    • restart the Veteran’s award effective the date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION page in VBMS, or
  • unsuccessful, follow the instructions in
If the Veteran’s correct address is …
Then …
obtained while following the instructions in Steps 1 through 6 of the procedure described in M21-1, Part II, Subpart i, 2.C.6.d
  • update the corporate record to reflect the correct address, and
  • restart the Veteran’s award effective the date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION page in VBMS.
not obtained after completing Steps 1 through 6 of the procedure described in M21-1, Part II, Subpart i, 2.C.6.d
  • leave a note in VBMS that describes the actions taken to obtain a correct address, and
  • stop the Veteran’s award as of the date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION field in VBMS, using Whereabouts Unknown in the DECISION field on the BASIC ELIGIBILITY tab.
Important:   When a Veteran’s award is stopped according to the instructions in the preceding bullet, the decision notice associated with this action will likely be returned as undeliverable.  If this occurs, there is no need to treat the returned decision notice as undeliverable mail (according to the instructions in M21-1, Part II, Subpart i, 2.C.6.d).
References:   For more information on

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

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
  • a spouse
  • children, or
  • parents (in disability compensation cases).
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:

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.
Step
Action
1
Generate the award in the claims-processing system as if it were an apportionment of the Veteran’s benefits.
Notes:
  • If VA received VA Form 21-0788 within one year of the date of last payment of the Veteran, and the claimant responded to all requests for information/evidence within established time limits, pay benefits effective the date of last payment.
  • If VA received VA Form 21-0788 one year or more after the date of last payment, pay benefits effective the first of the month following the date of receipt of the form, provided the claimant responded to all requests for information/evidence within established time limits.
  • The date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION page in VBMS represents “the date of last payment.”
2
Establish a control for review of the claims folder seven years after the date of the Veteran’s disappearance.
3
After the control period expires, take the action specified in M21-1, Part XI, Subpart i, 2.C.2.b.
 
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,
  • resume the Veteran’s award
  • generate the award to the dependent(s) in accordance with instructions in the table above, and
  • suppress direct payment to the Veteran by withholding the difference, if any, between the following amounts on the appropriate claims-processing system’s OTHER ADJUSTMENTS screen (as an Other Withholding Reason):
Reference:  For more information on preparing an apportionment award, see the VBMS Awards User Guide.

VI.iii.4.2.d.  Paying Disability Compensation to Dependents

In compensation cases, pay either the Dependency and Indemnity Compensation (DIC) rate or the rate of compensation payable to the Veteran, whichever is less.
Note:  The rate determined is subject to any authorized insurance deductions.

VI.iii.4.2.e.  Paying the DIC Rate to a Parent(s)

If the DIC rate is authorized to a parent(s),
  • use the income of the parent(s) to determine the rate payable, and
  • leave a remark on the award document that provides the income data used to justify the rate paid.
Note:  Do not enter income data when generating the award.

VI.iii.4.2.f.  Paying Pension to Dependents

Use the table below to determine the rate payable to dependents in pension cases.
Note:  Unlike with disability compensation cases, disregard authorized insurance deductions in effect at the time of the Veteran’s disappearance.
Step
Action
1
Generate an award in the claims-processing system, as if it were an apportionment of the Veteran’s benefits, paying the lesser of the
  • Veterans Pension rate, as determined by the income of the spouse or children, or
  • rate of pension payable to the Veteran at the time of disappearance.
2
Leave a remark on the award document that provides the income and net worth information used to justify the rate paid, but do not input this information when generating the award.
Note:  If the spouse is also awarded benefits, leave the remark referenced in the preceding paragraph on each award document associated with a separate award to a child.

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

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

VI.iii.4.3.b.  Handling Controls in Pension Cases

In pension cases
  • cancel any controls established for a future examination, and
  • consider the Veteran’s disability, income, and net worth status as static while their whereabouts are unknown.

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.
If a …
Then …
future examination is required under 38 CFR 3.327(b), but no control exists
input the appropriate control.
diary control for a scheduled VA examination matures after a Veteran disappears
the rating activity decides if the compensable evaluation is static.
Reference:  For more information on how to handle a Veteran’s failure to report for examination, see

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:
  • a rating decision reduces the total compensation entitlement to an amount less than that required for insurance purposes, or
  • an automatic renewal of term insurance or other special provision requires an amount greater than the total amount of compensation payable.

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.
Step
Action
1
Discontinue awards to dependents as of the date in the LAST PAID DATE field on the CURRENT AND HISTORICAL AWARD INFORMATION page in VBMS.
2
Inform the payees the reason the awards were discontinued.
3
Amend the Veteran’s award to resume payments to the Veteran in accordance with the facts found.
Note:  Do not adjust the award until ready to resume payment to the Veteran.
 
References:  For more information on