PREC 2-2002    Nonassignability of Benefits—38 U.S.C. § 5301(a)    Citation: Vet. Aff. Op. Gen Couns. Prec. 2-2002, VAOPGCPREC 2-2002, 2002

QUESTION PRESENTED:

Does 38 U.S.C. § 5301(a) prohibit the Department of Veterans Affairs (VA) from deducting from benefit payments, at the direction of the beneficiary, dental-insurance premiums to be paid to a private insurer as part of the Civilian Health and Medical Program of VA (CHAMPVA)?

HELD:

Section 5301(a) of title 38, United States Code, prohibits the assignment of payments of Department of Veterans Affairs (VA) benefits due or to become due, except to the extent specifically authorized by law.  In the absence of a specific statutory exception, VA may not deduct from VA benefits, at the direction of the beneficiary, premiums charged for dental insurance provided by a private insurer through a contract with the Department of Defense.