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VA RIN: 2900-AP67 Publication ID: Fall 2016 
Title: Apportionments 
Abstract:

The Department of Veterans Affairs (VA) proposes to amend its regulations to remove most of the apportionment provisions and to stop apportioning most benefits. Currently, in limited situations, VA may pay a portion of a VA beneficiary’s monetary benefits directly to the beneficiary’s dependents. This is referred to as apportionment of benefits. Most apportionments result in the veteran or primary beneficiary receiving less benefits than Congress intended while providing little benefit to the apportionee. Moreover, many claims for apportionment involve complex issues of family law, issues that VA claims adjudicators have limited ability to deal with and are more suited to state courts. In addition, due to the complex and fact-intensive nature of these claims, when VA does award apportionments it frequently disturbs state court support awards. Finally, due to their intricacy, a significant amount of information is needed to properly adjudicate apportionment claims. While this information is typically already available to state courts, VA must attempt to gather this information from the VA beneficiary and beneficiary’s dependent. The additional time and effort needed to gather this information increases VA workloads and results in delays of apportionment awards. Therefore, based on the limited value to the VA beneficiary or apportionee, and the fact that VA apportionment awards often conflict with the better-situated state family court awards, VA is proposing to amend its regulations to remove most of the apportionment provisions and stop apportioning most benefits.

 
Agency: Department of Veterans Affairs(VA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 38 CFR 3.31    38 CFR 3.210    38 CFR 3.252    38 CFR 3.400    38 CFR 3.450 to 3.461    38 CFR 3.556    38 CFR 3.665    38 CFR 3.852    38 CFR 21.330   
Legal Authority: 38 U.S.C. 501(a)    38 U.S.C. 5307    38 U.S.C. 5313    38 U.S.C. 5502    38 U.S.C. 5503    Pub. L. 95-588, sec 306, 92 stat 2497    ...   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  02/00/2017 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Stephanie Li
Chief, Regulations Staff (211D)
Department of Veterans Affairs
Veterans Benefits Administration, 810 Vermont Avenue NW.,
Washington, DC 20420
Phone:202 461-9700
Email: stephanie.li@va.gov