What this means
m21-1:VIII.i.3.E explains authorization issues for chapter 18 benefits. In plain terms, the official guidance says whenever it is necessary to reduce or discontinue a monthly allowance, generally, reduce or discontinue based on the facts found, except as provided in 38 CFR 3.105(g), and 38 CFR 3.114(b). It also addresses in the event of death, discontinue Chapter 18 benefits on the last day of the month before the month in which the child died.
How this may help with a claim
Use m21-1:VIII.i.3.E as an internal VA audit trail for authorization issues for chapter 18 benefits, not as a promise of a particular result. Compare the actions recorded in your claim file or decision notice with this source-specific detail: Whenever it is necessary to reduce or discontinue a monthly allowance, generally, reduce or discontinue based on the facts found, except as provided in 38 CFR 3.105(g), and 38 CFR 3.114(b). In the event of death, discontinue Chapter 18 benefits on the last day of the month before the month in which the child died. If the record does not show the expected action, identify the missing step precisely when asking VA or an accredited representative to review the file.
What to review in your file
- Check the file against this official condition: The table below provides information to determine the correct effective date of a reduction or discontinuance.
- Confirm that the record or notice addresses this source point: If benefits were paid erroneously due to... — Then the effective date of the reduction or discontinuance is the date of...; beneficiary error — the erroneous award.;
- Document how this stated step or exception applies: In the event of death, discontinue Chapter 18 benefits on the last day of the month before the month in which the child died.
Important limits
m21-1:VIII.i.3.E is primarily internal workflow guidance about authorization issues for chapter 18 benefits. It can help identify what VA was expected to document, but it does not by itself create a claimant deadline, a freestanding entitlement, or a guaranteed remedy. The source also states: Whenever it is necessary to reduce or discontinue a monthly allowance, generally, reduce or discontinue based on the facts found, except as provided in 38 CFR 3.105(g), and 38 CFR 3.114(b). The final stage in the Chapter 18 claims process is to promulgate the rating decision or prepare an administrative denial and notify the veteran or claimant of the decision.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Authorization Issues for Chapter 18 Benefits
- m21-1:VIII.i.3.E
- Authorization Issues Chapter
- Benefits
- Effective Date Reductions Terminations
- reduction Chapter benefits
- termination Chapter benefits.
- VIII.i.3.E.1.a. Effective Date Reduction
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the following topics:
Scroll sideways to see the full table.
| Topic | Topic Name |
|---|---|
| 1 | Effective Date for Reductions and Terminations |
| 2 | Processing Awards and Denials |
1. Effective Date for Reductions and Terminations
Introduction
This topic contains information on the effective date for Chapter 18 benefits, including the effective date for
- reduction of Chapter 18 benefits, and
- termination of Chapter 18 benefits.
Change Date
May 14, 2015
VIII.i.3.E.1.a. Effective Date for Reduction of Chapter 18 Benefits
Whenever it is necessary to reduce or discontinue a monthly allowance, generally, reduce or discontinue based on the facts found, except as provided in 38 CFR 3.105(g), and 38 CFR 3.114(b).
The table below provides information to determine the correct effective date of a reduction or discontinuance.
Scroll sideways to see the full table.
| If benefits were paid erroneously due to... | Then the effective date of the reduction or discontinuance is the date of... |
|---|---|
| beneficiary error | the erroneous award. |
| Department of Veterans Affairs administrative error | last payment. |
Reference: For more information on resumption of discontinued benefits under 38 U.S.C. Chapter 18, see 38 CFR 3.158.
VIII.i.3.E.1.b. Effective Date for Termination of Chapter 18 Benefits
In the event of death, discontinue Chapter 18 benefits on the last day of the month before the month in which the child died.
Note: Handle abandoned claims for Chapter 18 benefits in the same manner as for compensation, pension, or Dependency and Indemnity Compensation.
Reference: For more information on the effective date for termination of benefits, see 38 CFR 3.503(b).
2. Processing Awards and Denials
Introduction
This topic contains information on processing awards and denials of Chapter 18 monetary allowances, including
- description of the final stage in the Chapter 18 claims process
- roles and responsibilities for processing Chapter 18 awards and denials, and
- award and denial process for Chapter 18 claims.
Change Date
December 31, 2019
VIII.i.3.E.2.a. Description of the Final Stage in the Chapter 18 Claims Process
The final stage in the Chapter 18 claims process is to promulgate the rating decision or prepare an administrative denial and notify the claimant of the decision.
VIII.i.3.E.2.b. Roles and Responsibilities for Processing Chapter 18 Awards and Denials
The authorization activity is responsible for processing awards and denials.
VIII.i.3.E.2.c. Award and Denial Process for Chapter 18 Claims
The processing of Chapter 18 awards is presently accomplished using the Veterans Benefits Management System.