This act modifies the procedures by which the Department of Veterans Affairs (VA) reissues misused benefits to a beneficiary, including by requiring the VA to establish methods and timing with respect to determining whether an instance of misuse by a fiduciary is the result of negligence by the VA. The act also provides that if a beneficiary predeceases a reissuance, the VA must pay the amount to a surviving beneficiary in the same method as certain other VA benefits are paid upon the death of a beneficiary.
Under the act, the VA may not withhold the reissuing of a benefit payment by reason of a pending determination regarding the VA's negligence in relation to the instance of misuse by a fiduciary. Additionally, the VA is not required to make a determination regarding its negligence for each instance of misuse by a fiduciary of all or part of an individual's benefit paid to such fiduciary.
