Apportionment

[Azpilot]

Anyone with experience with apportionment. Incarcerated veteran wanting to apportion rest (90%) of compensation to needy sister.

[Vync]

Welcome to Hadit!

This information might be helpful, but this only mentions apportionment to spouse, children, or dependent parents based upon need, however siblings are not mentioned. Call 1-800-8727-1000 or an accredited VSO to learn more. I hope this helps!

https://www.benefits.va.gov/persona/veteran-incarcerated.asp

Quote

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.

 

 

This is a link to M21-1 which is the VA's internal processes. It goes much deeper into it.

https://www.knowva.ebenefits.va.gov/system/templates/selfservice/va_ssnew/help/customer/locale/en-US/portal/554400000001018/content/554400000176632/M21-1-Part-VII-Subpart-iii-Chapter-1-Section-A-Apportionment-Process

 

 

[Azpilot]

Thank you for responding. I have read the regs.  Was hoping someone has some real experience with apportionment.