Law Office of Thomas J. Kniffen Blog

Monthly Archives: April 2019

VA Proposed Rule – Active Service Pay

22 Monday Apr 2019

Posted by Thomas J. Kniffen, Attorney at Law in Law

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On April 19, 2019 the Department of Veterans Affairs (VA) proposed to amend its adjudication regulations, to permit VA to suspend disability compensation payments upon receipt of notice from the Department of Defense (DoD) that the veteran has received, is receiving, or will begin to receive active service pay. This proposed change would reduce the financial impact on veterans associated with receipt of VA disability compensation and active service pay by allowing VA to make necessary adjustments as close in time to the receipt of active service pay as possible.

This proposed change would only apply to compensation payments, not pension. In order to reduce hardships for veterans and improve processing of benefits, VA proposes to amend the current procedural requirements related to the 60-day notice period and take immediate action to suspend compensation payments upon notice of receipt of active service pay from DoD when the veteran has received prior notice that the law prevents concurrent receipt of certain VA benefits and active service pay or VA has received a statement from the veteran indicating knowledge that concurrent receipt of VA benefits and active service pay is prohibited.

Comments must be received on or before June 18, 2019.

Federal Register /Vol. 84, No. 76 / Friday, April 19, 2019

 

Agency Information Collection Activity Under OMB Review: Application for Disability Compensation and Related Compensation Benefits

10 Wednesday Apr 2019

Posted by Thomas J. Kniffen, Attorney at Law in Law

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Today, April 10, 2019, VA published a Notice in the Federal Register in compliance with the Paperwork Reduction Act (PRA) of 1995; this notice announces that the Veterans Benefits Administration, Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment.

The VA collection of information concerns VA Form 21–526EZ, which is used to collect the information needed to process a fully developed claim for disability compensation and/or related compensation benefits.

A Federal Register Notice with a 60-day comment period soliciting comments on this collection of information was published at 83 FR 224 on November 20, 2018, pages 58690 and 58691. Affected Public: Individuals or Households. Estimated Annual Burden: 498,667 hours. Estimated Average Burden per Respondent: 22 minutes. Frequency of Response: One time. Estimated Number of Respondents 1,360,000

Click to access 2019-07106.pdf

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