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VA | RIN: 2900-AP67 | Publication ID: Fall 2017 |
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. 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 can disturb 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 can result in delays of apportionment awards. Therefore, VA is considering amendments to its apportionment regulations. |
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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: Other | |
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 |
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Timetable:
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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 |