VI.ii.4.E.1.f. Initial Review of an AEW | | Follow the instructions in the table below when performing an initial review of an AEW.Note: Defer processing an AEW until VA appoints a fiduciary if VA- is withholding benefits to offset a Veteran’s receipt of MRP, and
- has rated the Veteran incompetent but has not yet appointed a fiduciary.
| Step | Action |
|---|
| 1 | Use VBMS to compare the amount of benefits the corporate record shows VA withheld each month (for MRP only) to the amounts shown in the VA Withheld column of the AEW for the same months to ensure they match. If the amounts do not match,- follow the instructions in the embedded table below, and
- disregard the remaining steps in this table.
Notes: - VBMS displays the amount of benefits VA withheld each month on the CURRENT AND HISTORICAL AWARD INFORMATION page in VBMS.
- If a change in either the gross amount of disability compensation or the amount of disability compensation VA is withholding takes effect on a date other than the first day of the month, prorated amounts will appear in the VA Award and VA Withheld columns of the AEW. The prorated amounts will not match the amounts shown in the corporate record. However, the amount in the Due From VA column of the AEW will be correct.
| If … | Then … |
|---|
| the difference between the amount in the VA Withheld column and the amount in the Due From VA column for each entitlement month displayed on the AEW matches the withholdings in the corporate record for each of the same months | clear the pending EP 298. (No additional award action is necessary because VA has already released to the Veteran the amounts shown in the Due From VA column on the AEW.) Important: If the award action that released the amounts in the Due From VA column did not result in the generation of a decision notice notifying the Veteran that VA released the funds due to entitlement to CRSC or CRDP, provide such notice to the Veteran. | - the difference between the amount in the VA Withheld column and the amount in the Due From VA column for each entitlement month displayed on the AEW does not match the withholdings in the corporate record for each of the same months, and
- the award action that released the amounts in the Due From VA column did not change the amounts in the Total column of the corporate record for the same months
| adjust the Veteran’s withholdings so they match the difference between the amount in the VA Withheld column and the amount in the Due From VA column for each entitlement month displayed on the AEW. Note: Under the circumstances described in this row, another AEW will not be generated. | - the difference between the amount in the VA Withheld column and the amount in the Due From VA column for each entitlement month displayed on the AEW does not match the withholdings in the corporate record for each of the same months, and
- the award action that released the amounts in the Due From VA column changed the amounts in the Total column of the corporate record for the same months
| another AEW will be generated. Leave the EP 298 running and defer action until the new AEW is generated. When the new AEW is generated, - clear the corresponding 840 work item, and
- process the AEW under the pending EP 298.
|
| | 2 | If the earliest entitlement month displayed on an AEW is prior to November 2009, check for an out-of-system CRSC/CRDP payment. Rationale: VA made out-of-system CRSC/CRDP payments from October 2006 through November 2009. If the corporate record was never updated to reflect the payment, the potential for duplicate payments exists. References: For more information on- identifying out-of-system CRSC/CRDP payments, see the AEW Job Aid, and
- processing an AEW after VA made an out-of-system CRSC/CRDP payment, see M21-1, Part VI, Subpart ii, 4.E.1.g and h.
| | 3 | Does the withholding in the corporate record exist solely to offset the Veteran’s receipt of MRP?- If yes,
- disregard the remaining step in this table, and
- follow the instructions in M21-1, Part VI, Subpart ii, 4.E.1.g.
- If no, go to the next step.
| | 4 | Follow the instructions in the table below.| If VA is withholding compensation … | Then … |
|---|
| for a reason other than to offset the Veteran’s receipt of MRP for all of the entitlement months the AEW covers | - do not release the withholding
- clear the EP 298, and
- follow the instructions in M21-1, Part VI, Subpart ii, 4.E.1.s, for providing notice that the Veteran is not entitled to a retroactive payment of benefits.
| | for a reason other than to offset the Veteran’s receipt of MRP for some but not all of the entitlement months covered by the AEW | - do not release the withholding for those months during which VA withheld compensation for a reason other than to offset the Veteran’s receipt of MRP, and
- follow the instructions in M21-1, Part VI, Subpart ii, 4.E.1.s, for notifying the Veteran.
Important: When preparing the decision notice, select The amounts the VA withheld for reasons other than retired pay option in Step 5 of the AEW Assistant. | | both to offset the Veteran’s receipt of MRP and for another reason during the same month | - release that part of the withholding that is to offset the Veteran’s receipt of MRP up to the amount in the Due From VA column of the AEW for that month, and
- follow the instructions in M21-1, Part VI, Subpart ii, 4.E.1.s, for notifying the Veteran.
Important: When preparing the decision notice, select The amounts the VA withheld for reasons other than retired pay option in Step 5 of the AEW Assistant. |
| Note: An AEW may include entitlement months during which a Veteran was not eligible for CRSC/CRDP (such as when a Veteran’s combined disability rating is less than 50 percent). DFAS and the Coast Guard include these entitlement months on the AEW when determining VA erroneously withheld compensation based on the Veteran’s receipt of MRP for those months, regardless of the Veteran’s eligibility for CRSC/CRDP. Accordingly, the amounts in the Due From VA column of the AEW for those months are valid and should be treated the same as the amounts in the Due From VA column of the AEW for time periods during which the Veteran is eligible for CRSC/CRDP. |