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VA RIN: 2900-AP67 Publication ID: Spring 2018 
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.

 
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: Deregulatory 
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  08/00/2018 
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