View Rule
View EO 12866 Meetings | Printer-Friendly Version Download RIN Data in XML |
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 |
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:
|
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), Loan Guaranty Service Department of Veterans Affairs Veterans Benefits Administration, 810 Vermont Avenue NW, Washington, DC 20420 Phone:202 461-9700 Email: stephanie.li@va.gov |