The commencement date of change in benefit payments based on rate computations under the provisions of this section will be determined under the provisions of § 3.31 or § 3.660.
(a) Initial award. For the purpose of determining initial entitlement, or for resuming payments on an award which was previously discontinued, the monthly rate of pension payable to a beneficiary shall be computed by reducing the beneficiary's applicable maximum pension rate by the beneficiary's countable income on the effective date of entitlement and dividing the remainder by 12. Effective June 1, 1983, the provisions of § 3.29(b) apply to this paragraph. Recomputation of rates due to changes in the maximum annual pension rate or rate of income following the initial date of entitlement are subject to the provisions of paragraph (b) of this section.
(b) Running awards—(1) Change in maximum annual pension rate. Whenever there is change in a beneficiary's applicable maximum annual pension rate, the monthly rate of pension payable shall be computed by reducing the new applicable maximum annual pension rate by the beneficiary's countable income on the effective date of the change in the applicable maximum annual pension rate, and dividing the remainder by 12. Effective June 1, 1983, the provisions of § 3.29(b) apply to this paragraph.
(2) Change in amount of income. Whenever there is a change in a beneficiary's amount of countable income the monthly rate of pension payable shall be computed by reducing the beneficiary's applicable maximum annual pension rate by the beneficiary's new amount of countable income on the effective date of the change in the amount of income, and dividing the remainder by 12. Effective June 1, 1983, the provisions of § 3.29(b) apply to this paragraph.
(c) Nonrecurring income. The amount of any nonrecurring countable income (e.g. an inheritance) received by a beneficiary shall be added to the beneficiary's annual rate of income for a 12-month annualization period commencing on the effective date on which the nonrecurring income is countable.
(Authority: 38 U.S.C. 501)
(d) Recurring and irregular income. The amount of recurring and irregular income anticipated or received by a beneficiary shall be added to determine the beneficiary's annual rate of income for a 12-month annualization period commencing at the beginning of the 12-month annualization, subject to the provisions of § 3.660(a)(2) of this chapter.
[44 FR 45936, Aug. 6, 1979, as amended at 48 FR 34472, July 29, 1983; 57 FR 59300, Dec. 15, 1992]
Notes of Decisions
Preston Lee Dent v. Robert A. McDonald, 27 Vet. App. 362 (Vet. App. 2015).
· cites it 4× “" 38 C.F.R. § 3.273 (b)(2) (2015). VA regulation describes the "monthly rate of pension" that is payable as a "running award.”
Hermogenes v. Brown, 9 Vet. App. 75 (Vet. App. 1996).
“271 (a)(3) (1995); see also 38 C.F.R. § 3.273 (d) (1995). Section 3.271(a) further provides that “Payments of any kind from any source”' are included in income “unless specifically excluded under § 3.”
200430-80712 (Board of Vet. App. 2020).
· cites it 5× “38 C.F.R. § 3.273 (d). The amount of nonrecurring income (e.”
06-14 134 (Board of Vet. App. 2011).
· cites it 6× “38 C.F.R. § 3.273 (c). Income is counted toward the calendar year in which it is received.”
210708-171383 (Board of Vet. App. 2021).
· cites it 3× “38 C.F.R. § 3.273 (a). In essence, VA subtracts the total amount of countable income in one year from the MAPR for that year; then, if a positive amount remains, the rest is divided by 12 to determine the monthly pension benefit.”
Blount v. West, 11 Vet. App. 34 (Vet. App. 1998).
“at 50 (January 1979 amendment); 77 (November 1991 amendment); 98 (November 1993 amendment)), see 38 C.F.R. § 3.273 (b)(2) (1997). On February 2, 1994, the RO received her statement in support of claim inquiring, inter alia, why she was not receiving DIC.”
08-24 909 (Board of Vet. App. 2010).
· cites it 2× “38 C.F.R. § 3.273 (a). Recurring income, received or anticipated in equal amounts and at regular intervals such as weekly, monthly, quarterly and which will continue throughout an entire 12-month annualization period, will be counted as income during the 12-month annualization…”
16-19 321 (Board of Vet. App. 2017).
“38 C.F.R. § 3.273 . 3. Accrued Benefits The Appellant has asserted that she is entitled to accrued benefits.”
15-01 843 (Board of Vet. App. 2017).
“38 C.F.R. § 3.273 (a). The maximum annual pension rate is set by Congress.”
200102-51988 (Board of Vet. App. 2020).
“38 C.F.R. § 3.273 (a). In a March 2019 rating decision, the RO granted the Veteran entitlement to special monthly pension based on the need for aid and attendance from January 31, 2019, or the date of his claim, payable from the first month after entitlement is awarded.”
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