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| Home >> VA Claims Resources >> VA Claims >> VA General Counsel Precedent Opinions |
VA General Counsel Precedent Opinions |
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PREC 6-97 Official Information regarding Incarceration pursuant to 38 U.S.C. § 5313
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PREC 6-97 Official Information regarding Incarceration pursuant to 38 U.S.C. § 5313 Citation: Vet. Aff. Op. Gen Couns. Prec. 6-97, VAOPGCPREC 6-97, 1997 QUESTION PRESENTED: Whether VA’s continued payment of the full amount of benefits to a veteran who was incarcerated following conviction for a felony, while awaiting official information of his imprisonment in accordance with Veterans Benefits Administration Adjudication Procedure Manual M21-1, constitutes an erroneous award based on administrative error or error in judgment pursuant to 38 U.S.C. § 5112(b)(10), so that the effective date of the reduction of the award is the date of last payment rather than the 61st day of incarceration as provided by 38 U.S.C. § 5313(a).
HELD: VA’s continued payment of the full amount of benefits to a veteran who was incarcerated following conviction for a felony, while awaiting official information of his imprisonment in accordance with Veterans Benefits Administration Adjudication <Page 6> Procedure Manual M21-1, does not constitute an erroneous award based on administrative error or error in judgment pursuant to 38 U.S.C. § 5112(b)(10), so that the effective date of the reduction of the award is the 61st day of incarceration as provided by 38 U.S.C. § 5313(a). |
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