Effects of an Individual’s Incarceration on Department of Veterans Affairs (VA) Benefits

Overview

In This Section

This section contains the following topics:

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1. General Information About the Incarceration of Beneficiaries and Dependents

Introduction

This topic contains general information about the incarceration of beneficiaries and dependents, including

• definition of
• incarceration, and
• conviction date
• regulatory requirements for reducing or discontinuing benefits during incarceration
• effect of a dependent’s incarceration on a beneficiary’s award
• periods during which VA may not reduce or discontinue benefits
• data-matching programs that identify incarcerated beneficiaries and dependents, and
• beneficiaries and dependents that are fugitive felons.

Change Date

March 27, 2025

VI.iv.1.A.1.a. Definition: Incarceration

For Department of Veterans Affairs (VA) purposes, the term incarceration

• refers to the confinement of an individual in a penal institution, even though the individual may be allowed outside the institution temporarily on furlough or for medical treatment, and
• includes confinement at any of the following, as long as confinement is pursuant to a criminal sentence:
• medical facility or mental institution, or
• other locations, such as work camps, forestry camps, or boot camps.

Reference: For more information on treating confinement in a mental institution as incarceration for VA purposes, see Philbrook v. Wilkie.

VI.iv.1.A.1.b. Definition: Conviction Date

The conviction date is the date a court formally finds a defendant guilty of an offense.

Important:

• This is the date used by VA to determine whether to reduce or terminate VA benefits during incarceration.
• Do not confuse this date with the sentencing date or the confinement date.

VI.iv.1.A.1.c. Regulatory Requirements for Reducing or Discontinuing Benefits During Incarceration

38 CFR 3.665 requires the reduction of a beneficiary’s disability compensation or Dependency and Indemnity Compensation (DIC) when the beneficiary is incarcerated more than 60 days following conviction of a felony.

38 CFR 3.666 requires the discontinuance of a beneficiary’s pension when the beneficiary is incarcerated more than 60 days following conviction of a felony or misdemeanor.

Notes:

• A beneficiary, for the purpose of the two preceding paragraphs, is limited to
• Veterans that are entitled to disability compensation or pension
• surviving spouses, children, and parents that are entitled to DIC, and
• surviving spouses and children that are entitled to Survivors Pension.
• The requirement to reduce or discontinue benefits applies to beneficiaries incarcerated in a Federal, State, or local penal institution or correctional facility, including privately owned correctional facilities that are operated under contract with a State.
• The proper effective date for reducing or discontinuing benefits is the 61 st day of incarceration.

References: For more information on

• privately owned correctional facilities, see VAOPGCPREC 5-2006
• the effect a beneficiary’s incarceration has on an award of
• disability compensation, see M21-1, Part VI, Subpart iv, 1.A.2.a - c
• DIC, see M21-1, Part VI, Subpart iv, 1.A.2.e, and
• pension, see M21-1, Part VI, Subpart iv, 1.A.2.f
• incarcerated apportionees and custodians, see M21-1, Part VI, Subpart iv, 1.B.6, and
• processing notices of incarceration, see M21-1, Part VI, Subpart iv, 1.A.3.a.

VI.iv.1.A.1.d. Effect of a Dependent’s Incarceration on a Beneficiary’s Award

38 CFR 3.666 requires the removal of an incarcerated dependent from a beneficiary’s award if the beneficiary receives pension. There is no such requirement, however, if the beneficiary is a

• Veteran receiving disability compensation, or
• surviving spouse receiving DIC.

References: For more information on

• removing an incarcerated dependent from a pension award, see M21-1, Part VI, Subpart iv, 1.B.1
• the effect of an apportionee’s incarceration on the apportionment, see M21-1, Part VI, Subpart iv, 1.B.6, and
• dependents that are fugitive felons, see M21-1, Part VI, Subpart iv, 1.A.1.g.

VI.iv.1.A.1.e. Periods During Which VA May Not Reduce or Discontinue Benefits

Do not reduce or discontinue benefits for any period during which the individual in question is

• participating in a work-release program
• under community control (per VAOPGCPREC 59-1991)
• incarcerated in a foreign penal institution, or
• residing in a
• halfway house
• residential re-entry center, or
• civil commitment center.

Notes: “Residential re-entry center” is a term used by the Bureau of Prisons (BOP) in lieu of the traditional term “halfway house.”

Reference: For more information on beneficiaries or dependents that are transferred from a foreign penal institution to a Federal, State, or local penal institution to serve the remainder of their sentence for a foreign conviction, see M21-1, Part VI, Subpart iv, 1.A.4.b.

VI.iv.1.A.1.f. Data-Matching Programs That Identify Incarcerated Beneficiaries and Dependents

Through agreements with BOP and the Social Security Administration (SSA), VA periodically compares data in its records with data in BOP and SSA records to identify VA beneficiaries and dependents that have been incarcerated in Federal or State penal institutions.

Note: VA also receives notice of the incarceration of beneficiaries and dependents through unofficial sources.

Reference: For more information on the data-matching programs discussed in this block, see M21-1, Part XIV, 7.1.

VI.iv.1.A.1.g. Beneficiaries and Dependents That Are Fugitive Felons

Disability compensation, DIC, and pension are not payable

• to a beneficiary that is a fugitive felon, or
• for a dependent that is a fugitive felon.

A fugitive felon is anyone that is

• fleeing to avoid prosecution, being taken into custody, or confinement, after being convicted for, or attempting to commit, an offense that is a felony, or
• violating a condition of probation or parole imposed for commission of a felony.

References: For more information on

• the requirement to suspend benefits of fugitive felons, see
• 38 CFR 3.665(n) (for compensation and DIC), and
• 38 CFR 3.666(e) (for pension)
• identifying fugitive felons, see M21-1, Part XIV, 8.1, and
• adjusting awards based on fugitive felon status, see M21-1, Part XIV, 8.2.

2. Benefit-Specific Effects of a Beneficiary’s Incarceration

Introduction

This topic contains information regarding the benefit-specific effects of a beneficiary’s incarceration, including

• effect of incarceration on
• payments of disability compensation, and
• ratings of total disability due to individual unemployability (TDIU)
• increased disability evaluations during incarceration
• effect of incarceration on
• payment of the clothing allowance
• payments of DIC, and
• pension awards, and
• determining whether VA is paying education benefits to an incarcerated beneficiary.

Change Date

April 23, 2026

VI.iv.1.A.2.a. Effect of Incarceration on Payments of Disability Compensation

Use the table below to determine the amount to which VA must reduce a Veteran’s disability compensation when the Veteran is incarcerated for more than 60 days following conviction for a felony.

Important: Reduction is necessary only if the Veteran

• committed the felony after October 7, 1980
• was incarcerated on October 1, 1980 (regardless of the date the Veteran committed the felony), and VA granted entitlement to disability compensation with an effective date that is after September 30, 1980, or
• was incarcerated on or before October 7, 1980, for a felony committed prior to that date, and the Veteran remained incarcerated for the same conviction through December 27, 2001. (Reductions under this last condition take effect beginning with the payment of disability compensation VA makes for the month of April 2002.)

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Note: Pay the Veteran the full amount of any benefit due for periods prior to October 1, 1980.

References: For more information on

• processing notices of incarceration, see M21-1, Part VI, Subpart iv, 1.A.3.a, and
• apportioning an incarcerated Veteran’s disability compensation to dependent(s), see M21-1, Part VI, Subpart iv, 2.B.2.

VI.iv.1.A.2.b. Effect of Incarceration on Ratings of TDIU

38 CFR 3.341(b) prohibits the assignment of an initial or reinstated rating of total disability due to individual unemployability (TDIU) during a period of incarceration. There is no requirement, however, to discontinue a rating of TDIU solely because a Veteran was incarcerated and, thereby, removed from the work-possible environment.

Important: Although a rating of TDIU may remain in effect during a Veteran’s incarceration, the Veteran’s disability compensation is still subject to the reduction described in M21-1, Part VI, Subpart iv, 1.A.2.a.

References: For more information on

• ratings of TDIU, see M21-1, Part VIII, Subpart iv, 3.C
• treating confinement in a mental institution as incarceration for VA purposes, see Philbrook v. Wilkie, and
• the effect of removal from the work-possible environment on a rating of TDIU, see VAOPGCPREC 13-1997.

VI.iv.1.A.2.c. Increased Disability Evaluations During Incarceration

Use the table below if VA increases a Veteran’s overall disability evaluation for SC disabilities from an effective date that falls within a period during which VA reduced the Veteran’s disability compensation due to incarceration.

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Important: As stated in M21-1, Part VI, Subpart iv, 1.A.2.b, 38 CFR 3.341(b) prohibits the assignment of an initial or reinstated rating of TDIU during a period of incarceration.

Reference: For more information on handling increased disability evaluations during incarceration, see 38 CFR 3.665(j).

VI.iv.1.A.2.d. Effect of Incarceration on Payment of the Clothing Allowance

38 CFR 3.810(d) requires a reduction in VA’s clothing allowance if

• a Veteran entitled to this benefit is incarcerated for more than 60 days, and
• the Veteran receives clothing at no cost from the penal institution.

Reference: For more information on VA’s clothing allowance, see M21-1, Part XIII, Subpart i, 8.A.

VI.iv.1.A.2.e. Effect of Incarceration on Payments of DIC

When a beneficiary (other than an apportionee) entitled to DIC is incarcerated for more than 60 days following conviction of a felony, 38 CFR 3.665(d)(3) requires VA to reduce the beneficiary’s monthly award to an amount equal to one half of the amount payable for an SC disability evaluated as 10-percent disabling.

Important:

• Reduction of DIC due to incarceration is necessary only if the beneficiary
• committed the felony after October 7, 1980, or
• was incarcerated on October 1, 1980 (regardless of the date the beneficiary committed the felony), and VA granted entitlement to DIC with an effective date that is after September 30, 1980.
• Pay beneficiaries the full amount of any benefit due them for periods prior to October 1, 1980.
• If a parent’s DIC award is less than half of the amount payable for an SC disability evaluated as 10-percent disabling, do not adjust the award.

References: For more information on

• incarcerated apportionees, see M21-1, Part VI, Subpart iv, 1.B.6
• processing notices of incarceration, see M21-1, Part VI, Subpart iv, 1.A.3.a, and
• the apportionment of an incarcerated surviving spouse’s or child’s DIC, see
• M21-1, Part VI, Subpart iv, 1.B.3 and 4, and
• 38 CFR 3.665(e)(2).

VI.iv.1.A.2.f. Effect of Incarceration on Pension Awards

When a beneficiary entitled to pension is incarcerated for more than 60 days following conviction of a felony or misdemeanor, 38 CFR 3.666 requires VA to discontinue payments of pension.

Before discontinuing Veterans Pension due to incarceration, review the claims folder to determine whether the Veteran is also entitled to disability compensation. If entitlement to both benefits exists, follow the instructions in M21-1, Part VI, Subpart iv, 2.B.3.

References: For more information on

• the effect of an apportionee’s incarceration on an apportionment, see M21-1, Part VI, Subpart iv, 1.B.6
• processing notices of incarceration, see M21-1, Part VI, Subpart iv, 1.A.3.a, and
• the apportionment of an incarcerated
• Veteran’s pension to dependents, see
• M21-1, Part VI, Subpart iv, 2.B.1, and
• 38 CFR 3.666(a)
• surviving spouse’s pension to eligible children, see
• M21-1, Part VI, Subpart iv, 1.B.2, and
• 38 CFR 3.666(b)(1), and
• child’s pension to a surviving spouse or other eligible children, see 38 CFR 3.666(b)(2).

VI.iv.1.A.2.g. Determining Whether VA Is Paying Education Benefits to an Incarcerated Beneficiary

Review the FINANCIAL INFORMATION screen in the Veterans Benefits Management System (VBMS) to determine whether VA is paying education benefits to an incarcerated beneficiary. If it is, e-mail a copy of the official notice of incarceration to the regional processing office (RPO) of jurisdiction, as an adjustment of the education benefits might be necessary.

References: For more information on

• what constitutes official notice, see M21-1, Part VI, Subpart iv, 1.A.3.c
• determining the RPO of jurisdiction, see M22-4, Part 3, 1.02, and
• the e-mail address of individual RPOs, see M21-1, Part XIII, Subpart i, 1.B.3.b.

3. Handling Notice of Incarceration

Introduction

This topic contains instructions for handling notice of incarceration, including

• action to take upon receipt of notice of incarceration
• identifying official
• sources of information regarding an individual’s incarceration, and
• notice of incarceration
• verifying the details of incarceration
• available means for requesting/obtaining information from official sources
• re-incarceration for the same conviction following a period of release, and
• handling notice that charges against an incarcerated
• beneficiary were dismissed or overturned or the type of conviction was changed, and
• former apportionee were dismissed or overturned or the type of conviction was changed.

Change Date

April 23, 2026

VI.iv.1.A.3.a. Action to Take Upon Receipt of Notice of Incarceration

Follow the steps in the table below upon receipt of notice of the incarceration of a

• beneficiary, to include an apportionee, or
• dependent on a beneficiary’s award.

Exceptions:

• As indicated in M21-1, Part VI, Subpart iv, 1.A.1.d, there is no requirement to remove an incarcerated dependent from the award of a
• Veteran in receipt of disability compensation, or
• surviving spouse in receipt of DIC.
• Instead of following the procedure described in the table below, follow the instructions in
• M21-1, Part VI, Subpart iv, 1.B.6, if the incarcerated individual is
• an apportionee, and
• the custodian of one or more other apportionees,or
• M21-1, Part VI, Subpart iv, 1.A.4.d, if there is evidence that the claimant is incarcerated but not yet in receipt of monetary benefits.

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Notes:

• If the beneficiary is a Veteran,
• add the Incarceration corporate flash while the Veteran is confined to a penal institution, and
• remove the Incarceration corporate flash once the Veteran is released.
• The Incarceration flash is automatically affixed when a match is generated through the batch process described in M21‑1, Part XIV, 7. Ensure that the corporate flash is assigned when appropriate.

VI.iv.1.A.3.b. Identifying Official Sources of Information Regarding an Individual’s Incarceration

For the purpose of this section, an official source of information regarding an individual’s incarceration includes

• Federal, State, and local government authorities, such as
• law enforcement officials
• officials at correctional facilities
• prosecutors, and
• parole officers
• BOP’s website (http://www.bop.gov/), and
• official websites of individual correctional facilities.

Note: The Veterans Benefits Administration previously considered Vine (http://www.vinelink.com/), a privately operated, online, inmate locator service, an official source. While claims processors may still utilize this resource, it is considered an unofficial source of information regarding an individual’s incarceration, and any information received from this website must be verified through an official source.

VI.iv.1.A.3.c. Identifying Official Notice of Incarceration

Each of the following constitute official notice of incarceration:

• an 800 series work item that was system-generated as a result of the data-matching programs described in M21-1, Part XIV, 7
• a completed VA Form 21-4193 from a correctional facility, and
• evidence of incarceration that originated from an official source, including statements affirming incarceration from
• prison or law enforcement authorities
• prosecutors, or
• parole officers.

Important: Statements affirming incarceration from a private attorney or family members do not constitute official notice.

VI.iv.1.A.3.d. Verifying the Details of Incarceration

Prior to issuing notice of a proposal to reduce or discontinue benefits based on incarceration, obtain the following information from an official source:

• type of conviction (such as felony, misdemeanor, or infraction)
• date (month, day, year) of conviction
• date (month, day, year) of incarceration following conviction, and
• an indication that incarceration lasted for more than 60 days following the date of conviction.

Note: M21-1, Part VI, Subpart iv, 1.A.3.e describes the available means for obtaining the information referenced in this block.

References: For a definition of

• official source, see M21-1, Part VI, Subpart iv, 1.A.3.b, and
• conviction date, see M21-1, Part VI, Subpart iv, 1.A.1.b.

VI.iv.1.A.3.e. Available Means for Requesting/ Obtaining Information From Official Sources

The available means for requesting/obtaining information from official sources consist of the following:

• contacting (by telephone or e-mail) the correctional facility where the individual is/was incarcerated
• accessing BOP’s website (http://www.bop.gov/), and/or
• asking the correctional facility where the individual is/was incarcerated to complete and return VA Form 21-4193.

Note: Many correctional facilities have websites that

• display telephone numbers and/or e-mail addresses of facility officials, and/or
• allow visitors to access inmate locator data.

Use the table below to determine the appropriate documentation method for information obtained from an official source regarding a beneficiary’s or dependent’s incarceration.

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Reference: For more information on uploading documents to eFolders, see

• M21-1, Part II, Subpart ii, 2.A.1.b, and
• the VBMS Core User Guide.

VI.iv.1.A.3.f. Re-Incarceration for the Same Conviction Following a Period of Release

The instructions contained in M21-1, Part VI, Subpart iv, 1.A.3.a apply equally to instances of re-incarceration for the same conviction following a period of release.

Re-incarceration may occur, for example, following a parole violation or dismissal from a halfway house or work-release program.

Example:

• VA begins paying a Veteran disability compensation at the full rate of entitlement after release from prison and placement on parole.
• Three months later, the Veteran violates parole and is re-incarcerated.

Results:

• VA must complete each of the steps in the procedure outlined in M21-1, Part VI, Subpart iv, 1.A.3.a, to include the issuing of a new notice of proposed adverse action.
• VA may not reduce the Veteran’s disability compensation any earlier than the 61 st day of re-incarceration.

Reference: See VAOPGCPREC 2-1996 for a discussion regarding

• the payment of benefits while a beneficiary is on parole, and
• re-incarceration of a beneficiary.

VI.iv.1.A.3.g. Handling Notice That Charges Against an Incarcerated Beneficiary Were Dismissed or Overturned or the Type of Conviction Was Changed

Follow the steps in the table below after receiving notice of the

• charges that resulted in a beneficiary’s incarceration have been dismissed or were overturned, or
• type of conviction (felony) that resulted in incarceration has changed such that a reduction or discontinuance of benefits is no longer required under 38 CFR 3.665.

Exceptions:

• If the beneficiary is a former apportionee whose apportionment VA discontinued based on the former apportionee’s incarceration, follow the instructions in M21-1, Part VI, Subpart iv, 1.A.3.h, instead of the steps in the table below.
• There is no regulatory authority (such as that which exists in 38 CFR 3.665(m)) to take the actions described in this block if the benefit at issue is pension.

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VI.iv.1.A.3.h. Handling Notice That Charges Against an Incarcerated Former Apportionee Were Dismissed or Overturned or the Type of Conviction Was Changed

After discontinuing an apportionment because the apportionee was incarcerated, follow the steps in the table below if VA receives notice the

• charges that resulted in incarceration have been dismissed or were overturned, or
• type of conviction (felony) that resulted in incarceration has changed such that discontinuation of the apportionment may no longer be necessary under 38 CFR 3.665.

Exceptions: There is no regulatory authority (such as that which exist in 38 CFR 3.665(m) to take the actions described in this block if the apportioned benefit is pension.

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4. Miscellaneous Information That Is Pertinent to the Handling of Notice of Incarceration

Introduction

This topic contains miscellaneous information that is pertinent to the handling of notice of incarceration, including

• calculating the 61 st day of incarceration
• incarceration in and transfer from a foreign penal institution
• recoupment of separation benefits during incarceration, and
• claimants suspected to be incarcerated but not yet receiving benefits.

Change Date

March 9, 2026

VI.iv.1.A.4.a. Calculating the 61 st Day of Incarceration

When calculating the 61 st day of incarceration (or re-incarceration, as discussed in M21-1, Part VI, Subpart iv, 1.A.3.f), start with the first full day of imprisonment following conviction.

Do not include in the calculation the number of days the incarcerated individual spent in confinement while awaiting trial, or for examination or treatment, even if the individual is credited for those days as “time served” following conviction.

Reference: For a discussion of the issue of time served prior to conviction, see VAOPGCPREC 3-2005.

VI.iv.1.A.4.b. Incarceration in and Transfer From a Foreign Penal Institution

No award adjustment is necessary when a beneficiary (including an apportionee) or a dependent is incarcerated in a foreign penal institution. Claims processors must, however, determine whether an award adjustment is necessary under the provisions of M21-1, Part VI, Subpart iv, 1.A.1.a - e if the incarcerated individual

• is later transferred to a U.S. penal institution to serve the remainder of the sentence, and
• was incarcerated in the foreign penal institution for conviction of an offense that is equivalent to a
• felony (if the beneficiary receives disability compensation or DIC), or
• felony or misdemeanor (if the beneficiary receives pension).

Important: The effective date of the reduction or discontinuance is the 61 st day of incarceration in the U.S. penal institution.

VI.iv.1.A.4.c. Recoupment of Separation Benefits During Incarceration

Use the table below to determine the actions to take when

• VA is withholding all or part of a Veteran’s disability compensation to recoup separation benefits (including disability severance pay), and
• the Veteran is incarcerated following conviction for a felony.

Exception: If VA is withholding disability compensation to recoup voluntary separation pay from an Air Force, Navy, or Marine Corps Veteran, follow the instructions in M21-1, Part VI, Subpart ii, 2.

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References: For more information on

• recouping separation benefits, see M21-1, Part VI, Subpart ii, 2, and
• the actions to take after incarceration ends, see M21-1, Part VI, Subpart iv, 1.A.5.

VI.iv.1.A.4.d. Claimants Suspected To Be Incarcerated but Not Yet Receiving Benefits

Development to verify details of incarceration is required prior to paying benefits when a claim is submitted by an individual who is

• evidenced to be incarcerated, but
• not yet in receipt of VA benefit payments.

Note: Evidence of incarceration includes, but is not limited to,

• report by the claimant
• missed examination notice due to coordination or transport issues with the Veterans Health Administration or Veterans Benefits Administration contract examination providers
• BOP match, or
• notice from the detaining facility.

Follow the steps in the table below if confirmation of incarceration is needed for a claimant who is not yet in receipt of benefits.

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References: For more information on

• the amount to which VA must reduce disability compensation and DIC when a Veteran or surviving spouse is incarcerated, see M21-1, Part VI, Subpart iv, 1.A.2.a and e
• issuing decision notices, see M21-1, Part VI, Subpart i, 1.B, and
• calculating the 61st day of incarceration, see M21-1, Part VI, Subpart iv, 1.A.4.a.

5. Handling Notice That Incarceration Has Ended

Introduction

This topic contains instructions for handling notice that incarceration has ended, including

• acceptable notice that incarceration has ended
• determining the date incarceration ended
• handling notice that a beneficiary’s incarceration has ended
• principles that apply to the resumption or adjustment of a beneficiary’s award after incarceration ends
• determining the proper effective date for resuming benefits after incarceration ends, and
• handling notice that a former apportionee’s incarceration has ended.

Change Date

April 23, 2026

VI.iv.1.A.5.a. Acceptable Notice That Incarceration Has Ended

VA does not require beneficiaries to submit a specific form to report that incarceration has ended or to request the resumption or adjustment of the award after incarceration has ended. A beneficiary may report incarceration has ended

• in writing
• by telephone or e-mail, or
• through a VA claims submission service website.

Exception: A former apportionee whose apportionment VA discontinued because the former apportionee was incarcerated must submit VA Form 21-0788 in order for VA to determine whether resumption of the apportionment is appropriate.

Important: For pension purposes, a new report of income and net worth is not required to resume an award when a report that incarceration has ended is received. Claims processors must follow the guidance in M21-1, Part VI, Subpart iv, 1.A.5.d for income information for the resumption of pension awards based on the end of incarceration.

VI.iv.1.A.5.b. Determining the Date Incarceration Ended

For VA purposes, incarceration ends when an individual

• is released from prison
• is placed under community control (per VAOPGCPREC 59-1991)
• begins participation in a work-release program, or
• moves to a
• halfway house
• civil commitment center, or
• residential re-entry center (as defined in M21-1, Part VI, Subpart iv, 1.A.1.e).

VI.iv.1.A.5.c. Handling Notice That a Beneficiary’s Incarceration Has Ended

Follow the steps in the table below after receiving notice that incarceration has ended.

Exception: If the beneficiary is a former apportionee whose apportionment VA discontinued based on the former apportionee’s incarceration, follow the instructions in M21-1, Part VI, Subpart iv, 1.A.5.f, instead of the steps in the table below.

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VI.iv.1.A.5.d. Principles That Apply to the Resumption or Adjustment of a Beneficiary’s Award After Incarceration Ends

Following confirmation from an official source that incarceration has ended,

• resume the payment of benefits at the full rate to which the beneficiary is otherwise entitled, using the information in M21-1, Part VI, Subpart iv, 1.A.5.e, to determine the proper effective date, and
• remove the Incarceration corporate flash, if present.

Important:

• The instructions in this block do not apply to a former apportionee whose apportionment VA discontinued because the former apportionee was incarcerated.
• Some of the principles and instructions contained in this block apply only to beneficiaries whose disability compensation, DIC, or pension VA did not apportion to eligible family members for the period of the beneficiary’s incarceration. Before taking the actions described in this block, read the instructions in
• M21-1, Part VI, Subpart iv, 2.B.2.i if VA apportioned disability compensation to a Veteran’s dependent(s) for the period of incarceration, or
• M21-1, Part VI, Subpart iv, 2.B.1.j and k if VA apportioned pension to a Veteran’s dependent(s) for the period of incarceration.

Use the table below to determine the actions to take when other principles apply to the resumption or adjustment of a beneficiary’s award at the end of a period of incarceration.

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VI.iv.1.A.5.e. Determining the Proper Effective Date for Resuming Benefits After Incarceration Ends

Use the table below to determine the proper effective date for resuming the payment of benefits at the full rate to which a beneficiary is otherwise entitled after incarceration ends.

Important:

• The beneficiary referenced in this block does not include a former apportionee whose apportionment VA discontinued because the former apportionee was incarcerated.
• Apply the exclusion identified in 38 CFR 3.31(c)(3)(v) when determining the effective date of payment.

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Exception: The information provided in the table above is based on the assumption that VA received notice incarceration had ended after VA had already discontinued or reduced benefits due to incarceration. When concurrently discontinuing or reducing benefits and taking the actions described in this block (because, for example, VA was unaware of the incarceration until it received notice incarceration had ended), the proper effective date for resuming the payment of benefits is the date incarceration ended, regardless of how long after this date VA received notice.

References: For more information on the

• proper effective date for resuming the apportionment of a former apportionee whose apportionment VA discontinued because the former apportionee was incarcerated, see M21-1, Part VI, Subpart iv, 1.A.5.f, and
• difference between the effective date of entitlement and the effective date of payment, see M21-1, Part VI, Subpart i, 1.A.2.b.

VI.iv.1.A.5.f. Handling Notice That a Former Apportionee’s Incarceration Has Ended

After discontinuing an apportionment because the apportionee was incarcerated, follow the steps in the table below when VA receives notice incarceration has ended.

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