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VA | RIN: 2900-AP86 | Publication ID: Spring 2018 |
Title: Active Service Pay | |
Abstract:
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. |
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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: Deregulatory | |
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 |
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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 |