Incarcerated Veteran Dependent Apportionment

[Rose]

Hello, I was hoping someone might have any knowledge on this type of situation. I filed an apportionment claim for my daughter in late June 2017. In September 2017 I was told(through email) that a representative was working on it and I should receive a decision by February 14, 2018. After February came and went I used the online platform to send an email(March 13, 2018) regarding the claim status. Although the system says they will reply within 5 business days, I did not hear back. 

Finally on April 16, 2018 I called the 800# and spoke with a representative who looked in to it, and simply says the claim status is "closed" and that he will expedite this and I should hear something by US mail within 7-10 days. 

On April 20, 2018 I receive an email reply to my March 13th email stating that my claim was received July 3, 2017 and closed on February 28, 2018. 

I'm unsure what to think of any of this. Will I still hear something by postal mail? I researched and info seems to say if the claim is denied I can appeal within 60 days, but how do I appeal if I haven't been given a decision to even know if I need to appeal?

My daughters father, the Veteran, is incarcerated and not due for release until 2025, asking him questions regarding this is near to impossible because of lack of communication. 

Any thoughts on what I should do, or when/if I will receive any decision would be very helpful! Thank you to anyone who has read this far!

[Buck52]

 You may want to check with the VBA  ( Veterans benefits Administration) At his local Veterans Medical Center .  the VBA Office  they  can give you some answers? but you may need a POA (Power of Attorney!)

I believe the benefits are put on hold or reduction in benefits if the Veteran is incarcerated over 60 days.

However all is not lost  check out this 

How Incarceration Affects Eligibility for VA Benefits

VA can pay certain benefits to Veterans who are incarcerated in a Federal, State, or local penal institution; however, the amount depends on the type of benefit and reason for incarceration.

Disability Compensation

VA disability compensation payments are reduced if a Veteran is convicted of a felony and imprisoned for more than 60 days. Veterans rated 20 percent or more are limited to the 10 percent disability rate. For a Veteran whose disability rating is 10 percent, the payment is reduced by one-half. Once a Veteran is released from prison, compensation payments may be reinstated based upon the severity of the service connected disability(ies) at that time. Payments are not reduced for recipients participating in work release programs, residing in halfway houses (also known as "residential re-entry centers"), or under community control. The amount of any increased compensation awarded to an incarcerated Veteran that results from other than a statutory rate increase may be subject to reduction due to incarceration.

Pension

Veterans in receipt of VA pension will have payments terminated effective the 61st day after imprisonment in a Federal, State, or local penal institution for conviction of a felony or misdemeanor. Payments may be resumed upon release from prison if the Veteran meets VA eligibility requirements. Failure to notify VA of a Veteran's incarceration could result in the loss of all financial benefits until the overpayment is recovered.

Apportionment to Spouse or Children

All or part of the compensation not paid to an incarcerated Veteran may be apportioned to the Veteran's spouse, child or children, and dependent parents on the basis of individual need. In determining individual need, consideration shall be given to such factors as the claimant's income and living expenses, the amount of compensation available to be apportioned, the needs and living expenses of other claimants as well as any special needs, if any, of all claimants.

Additional Information:

VA will inform a Veteran whose benefits are subject to reduction of the right of the Veteran's dependents to an apportionment while the Veteran is incarcerated, and the conditions under which payments to the Veteran may be resumed upon release from incarceration.

VA will also notify the dependents of their right to an apportionment if the VA is aware of their existence and can obtain their addresses.

No apportionment may be made to or on behalf of any person who is incarcerated in a Federal, State, or local penal institution for conviction of a felony.

An apportionment of an incarcerated Veteran's VA benefits is not granted automatically to the Veteran's dependents. The dependent(s) must file a claim for an apportionment.

Education Benefits

Beneficiaries incarcerated for other than a felony can receive full monthly benefits, if otherwise entitled. Convicted felons residing in halfway houses (also known as "residential re-entry centers"), or participating in work-release programs also can receive full monthly benefits.

Claimants incarcerated for a felony conviction can be paid only the costs of tuition, fees, and necessary books, equipment, and supplies. VA cannot make payments for tuition, fees, books, equipment, or supplies if another Federal State or local program pays these costs in full.

If another government program pays only a part of the cost of tuition, fees, books, equipment, or supplies, VA can authorize the incarcerated claimant payment for the remaining part of the costs.

Source: Veterans Administration