**Concurrent Benefits and Elections**

3.700 General 3.700-1

3.701 Elections of pension or compensation 3.701-1

3.702 Dependency and indemnity compensation 3.702-1

3.703 Two parents in same parental line 3.703-1

3.704 Elections within class of dependents 3.704-1

3.705--3.706 \[Reserved\]

3.707 Dependents' educational assistance 3.707-1

3.708 Federal Employees' Compensation 3.708-1

3.709 \[Removed\]

3.710 Civil service annuitants 3.710-1

3.711 Improved pension elections 3.711-1

3.712 Improved pension elections; Spanish American War pensioners
3.712-1

3.713 Effective dates of Improved pension elections 3.713-1

3.714 Improved pension elections---public assistance beneficiaries
3.714-1

3.715 Radiation Exposure Compensation Act of 1990, as amended 3.715-1

**§3.700 General.**

Not more than one award of pension, compensation, or emergency
officers', regular or reserve retirement pay will be made concurrently
to any person based on his or her own service except as provided in
§3.803 relating to naval pension and §3.750(c) relating to waiver of
retirement pay. Not more than one award of pension, compensation, or
dependency and indemnity compensation may be made concurrently to a
dependent on account of more than one period of service of a veteran.
(Authority: 38 U.S.C. 5304(a))

\(a\) *Veterans*:

\(1\) *Active service pay.*

\(i\) Pension, compensation, or retirement pay on account of his or her
own service will not be paid to any person for any period for which he
or she receives active service pay. (Authority: 38 U.S.C. 5304(c))

\(ii\) Time spent by members of the ROTC in drills as part of their
activities as members of the corps is not active service.

\(iii\) Reservists may waive their pension, compensation, or retirement
pay for periods of field training, instruction, other duty or drills. A
waiver may include prospective periods and contain a right of recoupment
for the days for which the reservists did not receive payment for duty
by reason of failure to report for duty.

\(2\) *Lump-sum readjustment pay.*

\(i\) Where entitlement to disability compensation was established prior
to September 15, 1981, a veteran who has received a lump-sum
readjustment payment under former 10 U.S.C. 687 (as in effect on
September 14, 1981) may receive disability compensation for disability
incurred in or aggravated by service prior to the date of receipt of
lump-sum readjustment payment subject to deduction of an amount equal to
75 percent of the amount received as readjustment payment. (Authority:
38 U.S.C. 1501(a))

\(ii\) Readjustment pay authorized under former 10 U.S.C. 3814(a) is not
subject to recoupment through withholding of disability compensation,
entitlement to which was established prior to September 15, 1981.
(Authority: 38 U.S.C. 1501(a))

\(iii\) Where entitlement to disability compensation was established on
or after September 15, 1981, a veteran who has received a lump-sum
readjustment payment may receive disability compensation for disability
incurred in or aggravated by service prior to the date of receipt of the
lump-sum readjustment payment, subject to recoupment of the readjustment
payment. Where payment of readjustment pay was made on or before
September 30, 1996, VA will recoup from disability compensation an
amount equal to the total amount of readjustment pay. Where payment of
readjustment pay was made after September 30, 1996, VA will recoup from
disability compensation an amount equal to the total amount of
readjustment pay less the amount of Federal income tax withheld from
such pay. (Authority: 10 U.S.C. 1174(h)(2) and 1212(c))

\(iv\) The receipt of readjustment pay does not affect the payment of
disability compensation based on a subsequent period of service.
Compensation payable for service-connected disability incurred or
aggravated in a subsequent period of service will not be reduced for the
purpose of offsetting readjustment pay based on a prior period of
service. (Authority: 10 U.S.C. 1174(h)(2))

\(3\) *Severance pay.* Where the disability or disabilities found to be
service-connected are the same as those upon which disability severance
pay is granted, or where entitlement to disability compensation was
established on or after September 15, 1981, an award of compensation
will be made subject to recoupment of the disability severance pay.
Prior to the initial determination of the degree of disability
recoupment will be at the full monthly compensation rate payable for the
disability or disabilities for which severance pay was granted.
Following initial determination of the degree of disability recoupment
shall not be at a monthly rate in excess of the monthly compensation
payable for that degree of disability. For this purpose the term
"initial determination of the degree of disability" means the first
regular schedular compensable rating in accordance with the provisions
of Subpart B, Part 4 of this chapter and does not mean a rating based in
whole or in part on a need for hospitalization or a period of
convalescence. Where entitlement to disability compensation was
established prior to September 15, 1981, compensation payable for
service-connected disability other than the disability for which
disability severance pay was granted will not be reduced for the purpose
of recouping disability severance pay. Where entitlement to disability
compensation was established on or after September 15, 1981, a veteran
may receive disability compensation for disability incurred or
aggravated by service prior to the date of receipt of the severance pay,
but VA must recoup from that disability compensation an amount equal to
the severance pay. Where payment of severance pay was made on or before
September 30, 1996, VA will recoup from disability compensation an
amount equal to the total amount of the severance pay. Where payment of
severance pay was made after September 30, 1996, VA will recoup from
disability compensation an amount equal to the total amount of the
severance pay less the amount of Federal income tax withheld from such
pay. (Authority: 10 U.S.C. 1174(h)(2) and 1212(c))

\(4\) *Improved pension.* If a veteran is entitled to improved pension
on the basis of the veteran's own service and is also entitled to
pension under any pension program currently or previously in effect on
the basis of any other person's service, the Department of Veterans
Affairs shall pay the veteran only the greater benefit. (Authority: 38
U.S.C. 1521(i))

\(5\) *Separation pay and special separation benefits.*

\(i\) Where entitlement to disability compensation was established on or
after September 15, 1981, a veteran who has received separation pay may
receive disability compensation for disability incurred in or aggravated
by service prior to the date of receipt of separation pay subject to
recoupment of the separation pay. Where payment of separation pay or
special separation benefits under section 1174a was made on or before
September 30, 1996, VA will recoup from disability compensation an
amount equal to the total amount of separation pay or special separation
benefits. Where payment of separation pay or special separation benefits
under section 1174a was made after September 30, 1996, VA will recoup
from disability compensation an amount equal to the total amount of
separation pay or special separation benefits less the amount of Federal
income tax withheld from such pay.

\(ii\) The receipt of separation pay does not affect the payment of
disability compensation based on a subsequent period of service.
Compensation payable for service-connected disability incurred or
aggravated in a subsequent period of service will not be reduced for the
purpose of offsetting separation pay based on a prior period of service.
(Authority: 10 U.S.C. 1174 and 1174a)

\(b\) *Dependents*:

\(1\) *Surviving spouse.* Subject to the provisions of paragraph (a)(4)
of this section, the receipt of pension, compensation, or dependency and
indemnity compensation by a surviving spouse because of the death of any
veteran, or receipt of pension or compensation because of his or her own
service, shall not bar the payment to the surviving spouse of pension,
compensation, or dependency and indemnity compensation because of the
death or disability of any other veteran; however, other than insurance,
concurrent benefits under laws administered by the Department of
Veterans Affairs may not be authorized to a surviving spouse by reason
of the death of more than one veteran to whom the surviving spouse has
been married. The surviving spouse may elect to receive benefits based
on the death of one such spouse and the election places the right to
benefits based on the deaths of other spouses in suspense. The
suspension may be lifted at any time by another election based on the
death of another spouse. Benefits payable in the elected case will be
subject to prior payments for the same period based on the death of the
other spouse where, under the provisions of §3.400(c) there is
entitlement in the elected case prior to date of receipt of the
election. (Authority: 38 U.S.C. 5304)

\(2\) *Children.* Except as provided in §3.703 and paragraph (a)(4) of
this section, the receipt of pension, compensation, or dependency and
indemnity compensation by a child on account of the death of a veteran
or the receipt by the child of pension or compensation on account of his
or her own service will not bar the payment of pension, compensation, or
dependency and indemnity compensation on account of the death or
disability of any other veteran.

\(3\) *Parents.* The receipt of compensation or dependency and indemnity
compensation by a parent on account of the death of a veteran or receipt
by him or her of pension or compensation on account of his or her own
service will not bar the payment of pension compensation, or dependency
and indemnity compensation on account of the death or disability of any
other person. (Authority: 38 U.S.C. 5304(b))

\[26 FR 1601, Feb. 24, 1961, as amended at 29 FR 11359, Aug. 6, 1964; 29
FR 15207, Nov. 11, 1964; 30 FR 11389, Sept. 8. 1965; 35 FR 10648, July
1, 1970; 40 FR 59346, Dec. 23, 1975; 44 FR 45943, Aug. 6, 1979; 52 FR
27340, July 21, 1987; 56 FR 1111, Jan. 11, 1991; 67 FR 60868, Sept. 27,
2002\]

Reserved