M21-1, Part III, Subpart i, Chapter 2, Section C – Ancillary Benefits and Other Issues Involving Pre-Discharge Claims

In this Section

Introduction

• handling VR&E claims received from service members, and
• actions intake sites must take upon receipt of VA Form 28-1900, Disabled Veterans Application for Vocational Rehabilitation.

Change Date

III.i.2.C.1.a.Handling VR&E Claims Received From Service Members

III.i.2.C.1.b.Actions Intake Sites Must Take Upon Receipt of VA Form 28-1900

• EPs, see M21-4, Appendix B
• actions to take if the claimant’s STRs are unavailable, see
  • M21-1, Part I, 1.C.5.b
  • M21-1, Part III, Subpart iii, 1.C.2.d, and
  • M21-1, Part III, Subpart iii, 2.I.6
• preparing memorandum rating decisions for the purpose of determining eligibility for VR&E benefits, see M21-1, Part IX, Subpart i, 1.B.3, and
• VR&E contacts by station of jurisdiction (SOJ), to include e-mail addresses, see the VR&E Officer Directory.

Introduction

• service members’ eligibility for home loan guaranty
• intake site responsibilities upon receipt of VA Form 26-1880, Request for a Certificate of Eligibility
• Regional Loan Center (RLC) action upon receipt of VA Form 26-8937,Verification of VA Benefits, from a service member
• SOJ responsibility for preparing memorandum rating decisions upon receipt of a request for an eligibility determination from an RLC, and
• text the SOJ must use when responding to a request for an eligibility determination from an RLC.

Change Date

III.i.2.C.2.a.Service Members’ Eligibility for Home Loan Guaranty

III.i.2.C.2.b.Intake Site Responsibilities Upon Receipt of VA Form 26-1880

• forward the form to the appropriate Regional Loan Center (RLC)
• ask the service member whether he/she plans to use VA’s home loan guaranty to purchase a home prior to separation, and, if so,
• advise the service member to ensure his/her lender knows a pre-discharge claim is pending with VA.

III.i.2.C.2.c.  RLC Action Upon Receipt of VA Form 26-8937 From a Service Member

III.i.2.C.2.d.     SOJ Responsibility for Preparing Memorandum Rating Decisions Upon Receipt of a Request for an Eligibility Determination From an RLC

• the service member’s pre-discharge claim has not yet been decided, and
• the evidence of record shows the service member is at least 10-percent disabled due to SC disability(ies).

III.i.2.C.2.e. Text the SOJ Must Use When Responding to a Request for an Eligibility Determination From an RLC

• loan guaranty benefits, see M21-1, Part IX, Subpart i, 5.A, and
• EPs, see M21-4, Appendix B.

Introduction

• handling claims for Veterans returning from active duty
• responsibility and EPs for resuming compensation, and
• effective date for resuming a service member’s compensation.

Change Date

III.i.2.C.3.a.Handling Claims for Veterans Returning From Active Duty

III.i.2.C.3.b.Responsibility and EPs for Resuming Compensation

• an increased disability rating, or
• SC for a new disability.

• Simultaneously pending EPs 336 and 310 would only be allowed if the additional claimed conditions and non-static disabilities were different issues.  Example:  If the service member claimed an increase in one of his non-static disabilities, then only the 336 would be allowed.
• If a service member’s last rating decision is not available in his/her electronic claims folder (eFolder), the intake site must obtain a copy of the rating decision before resuming benefits.
• Because there is a possibility that service members who participate in the Integrated Disability Evaluation System (IDES) Program might return to active duty, the instructions in this block do not apply to their cases. Furthermore, Disability Rating Activity Sites (D-RASs) prepare “preliminary” rating decisions for these service members prior to their separation if their Physical Evaluation Board determines they are unfit for duty. These decisions consider the severity of any non-static disabilities. Unless an IDES participant’s service department returns him/her to duty, the D-RAS of jurisdiction resumes compensation for any static and non-static disabilities (if in order), upon promulgation of a final rating decision.

• EPs, see M21-4, Appendix B
• establishing EPs for pre-discharge claims, see M21-1, Part III, Subpart i, 2.A.2
• actions to take upon receipt of a claim for reinstatement of compensation see M21-1, Part III, Subpart v, 4.C.7
• the use of prescribed forms, see M21-1, Part III, Subpart ii, 2.B.1.b, and
• informal claims, intent to file and requests for applications, see M21-1, Part III, Subpart ii, 2.C.

III.i.2.C.3.c.Effective Date for Resuming a Service Member’s Compensation

Introduction

• procedures for processing appeals of decisions on pre-discharge claims, and
• who is responsible for processing appeals of decisions on pre-discharge claims.

Change Date

III.i.2.C.4.a.Procedures for Processing Appeals of Decisions on Pre-Discharge Claims

III.i.2.C.4.b.     Who Is Responsible for Processing Appeals of Decisions on Pre-Discharge Claims

Change Date

III.i.2.C.5.a.Procedures for CSPL Requests

• ensure the request for a CSPL is documented in the eFolder, and
• insert a note in VBMS notifying the RAS/RO that a CSPL is requested.