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VA RIN: 2900-AP86 Publication ID: Fall 2016 
Title: ●Active Service Pay 

The Department of Veterans Affairs (VA) proposes to amend its adjudication regulations to permit VA to suspend disability compensation or pension payments upon receipt of notice from the veteran or the Department of Defense (DoD) that the veteran is currently receiving, or will begin to receive, active service pay. As veterans are not permitted to concurrently receive VA disability compensation or pension while in receipt of active service pay, this regulatory amendment would give VA more flexibility in ensuring that payments to veterans are made correctly. This would in turn reduce potential overpayments and recoupment actions from members of the National Guard and Reserve who regularly drill, or other veterans who have returned to active service. To preserve a veteran’s right to due process of law, VA proposes to only take immediate action to suspend payments when the veteran has received prior notice that the law prevents concurrent receipt of VA benefits and active service pay.

Agency: Department of Veterans Affairs(VA)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 38 CFR 3.103   
Legal Authority: 10 U.S.C. 12316(b)    38 U.S.C. 501    38 U.S.C. 5104(a)    38 U.S.C. 5304(c)   
Legal Deadline:  None
Action Date FR Cite
NPRM  03/00/2017 
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