Roberts v. McDonald, docket no. 13-1240 (Oct. 7, 2014)
OFFSET OF ANNUITY AGAINST DIC BENEFITS
Held: Offsets of Survival Benefits Plan (SBP) annuity payments against DIC payments are not covered by 38 C.F.R. § 3.658. VA’s express reliance on the wrong regulation is not harmless error – even if there are other potentially applicable regulations – because the claimant will not have received proper notice of the laws VA relied on in making its decision.