M21-1 and 38 CFR changes, week of Jan 8, 2024

Added

• (v) An adverse action based upon a written or electronic statement provided to VA by a veteran that indicates that the veteran has received, is in receipt of, or will receive active service pay as defined by § 3.654(a), or, in the case of compensation, written or electronic notice from the Department of Defense that indicates that the veteran has received or is in receipt of active service pay as…
• The statement from the veteran or notice from the Department of Defense must include the date on which the service resulting in receipt of active service pay began or, in the case of a statement from the veteran, the date on which the service resulting in receipt of active service pay is expected to begin, or, in the case of training duty, the number of training days performed, or, in the case of…
• In order for this paragraph to apply, the veteran must have received prior notice that receipt of active service pay precludes concurrent receipt of VA benefits, or VA must have received a statement from the veteran that indicates knowledge of such preclusion.
• In cases to which § 3.700(a)(1)(iii) of this part applies, the Veteran must also have waived VA benefits.
• When notice provided by the Department of Defense contains information indicating that the monthly level of disability compensation for a veteran exceeds the veteran's monthly active service pay rate, the exception contained in this paragraph will only apply to a written or electronic statement provided to VA by the veteran.
• Submission of statements or information affecting entitlement to benefits.
• See § 3.217(a).

and 8 more added passages

Removed

• Link to an amendment published at 88 FR 86061, Dec.
• (v) An adverse action based upon a written statement provided to VA by a veteran indicating that he or she has returned to active service, the nature of that service, and the date of reentry into service, with the knowledge or notice that receipt of active service pay precludes concurrent receipt of VA compensation or pension (see § 3.654 regarding active service pay).

and 2 more removed passages

Added

• (b) Active duty or active duty for training.
• (1) Where the veteran receives active service pay as a result of returning to active duty status or active duty for training as described in § 3.6(c), with the exception of annual active duty for training typically performed 15 days each year by reservists and members of the National Guard and Active Duty for Special Work to receive training (see paragraph (c) of this section), the award will be …
• If the exact date is not known, payments will be discontinued effective date of last payment, and the effective date of discontinuance will be adjusted to the day preceding reentrance when the date of reentrance has been ascertained from the service department.
• (2) Payments, if otherwise in order, will be resumed effective the day following release from active duty or active duty for training if notice from the Department of Defense of such release or a claim for recommencement of payments is received within one year from the date of such release;
• otherwise, payments will be resumed effective one year prior to the date of receipt of a new claim.
• Compensation will be resumed based on the combined evaluation in effect at the time payments were discontinued.
• If a reduction in evaluation that lowers the combined evaluation is considered warranted, the provisions of § 3.105(e) will apply.
• If a disability is incurred or aggravated, or a service-connected disability worsens in the most recent period of service, compensation for that disability or increase in disability cannot be paid unless a claim therefor is filed.

and 7 more added passages

Removed

• Link to an amendment published at 88 FR 86062, Dec.
• (b) Active duty.
• (1) Where the veteran returns to active duty status, the award will be discontinued effective the day preceding reentrance into active duty status.
• If the exact date is not known, payments will be discontinued effective date of last payment and as of the correct date when the date of reentrance has been ascertained from the service department.
• (2) Payments, if otherwise in order, will be resumed effective the day following release from active duty if claim for recommencement of payments is received within 1 year from the date of such release:
• otherwise payments will be resumed effective 1 year prior to the date of receipt of a new claim.
• Compensation will be authorized based on the degree of disability found to exist at the time the award is resumed.

and 6 more removed passages