Overview
In this Section |
This section contains the following topics:
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1. VR&E Claims
Introduction |
This topic contains information on the processing of VR&E claims filed prior to separation, including
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Change Date |
August 5, 2016 |
III.i.2.C.1.a.Handling VR&E Claims Received From Service Members |
Intake sites may receive claims from service members for Vocational Rehabilitation and Employment (VR&E) benefits under 38 U.S.C. Chapter 31 that they may use while on active duty or after separation.
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III.i.2.C.1.b.Actions Intake Sites Must Take Upon Receipt of VA Form 28-1900 |
Follow the steps in the table below within five days of receipt when an intake site receives a VA Form 28-1900, Disabled Veterans Application for Vocational Rehabilitation.
Note: The regional office (RO) should not delay processing VA Form 28-1900pending a decision on the pre-discharge claim.
References: For more information on
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2. Loan Guaranty Claims
Introduction |
This topic contains information regarding loan guaranty applications submitted with pre-discharge claims, including
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Change Date |
August 5, 2016 |
III.i.2.C.2.b.Intake Site Responsibilities Upon Receipt of VA Form 26-1880 |
Upon receipt of VA Form 26-1880, Request for a Certificate of Eligibility, intake sites must
Reference: For more information on the appropriate RLC, see the Loan Guaranty Service web site RLC map.
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III.i.2.C.2.c. RLC Action Upon Receipt of VA Form 26-8937 From a Service Member |
Upon receipt of VA Form 26-8937, Verification of VA Benefits, from a service member, RLCs request an eligibility determination from the SOJ by sending an e-mail to a designated point of contact at the appropriate site.
Reference: For more information on the appropriate regional benefit offices, seethe map of regional benefit office websites.
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III.i.2.C.2.e. Text the SOJ Must Use When Responding to a Request for an Eligibility Determination From an RLC |
Use the table below to determine the text that the SOJ must use when responding to a request for an eligibility determination from an RLC.
Note: The SOJ must establish an EP 290 with the claim label Pre-Discharge – LGY Determination to control an RLC’s request for an eligibility determination.
References: For more information about
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3. Claims Involving a Resumption of Compensation
Introduction |
This topic contains information on resuming compensation for service members who file pre-discharge claims, including
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Change Date |
September 27, 2017 |
III.i.2.C.3.a.Handling Claims for Veterans Returning From Active Duty |
When a Veteran in receipt of disability compensation returns to active duty, VA must terminate his/her disability compensation.
Once the Veteran is released from active duty, VA may resume benefits immediately.
Note: The rating activity must re-evaluate any non-static disabilities for which the designated date for the future review examination is not a future date beyond the service member’s separation date. (A disability is considered static unless the prior rating decision indicates a routine future examination of the disability is necessary).
Reference: For more information on resuming benefits after a Veteran returns from active duty, see M21-1, Part III, Subpart v, 4.C.7.
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III.i.2.C.3.b.Responsibility and EPs for Resuming Compensation |
Use the table below to determine who is responsible for processing a pre-discharge claim for resumption of compensation.
Important: VA does not require a Veteran to use a prescribed form to request reinstatement of benefits unless the Veteran is concurrently claiming entitlement to
Notes:
References: For more information about
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III.i.2.C.3.c.Effective Date for Resuming a Service Member’s Compensation |
The effective date for resuming a service member’s compensation is the day following release from active duty, if VA receives a request for resumption within one year from the date of such release. Otherwise, the proper effective date is one year prior to the date VA receives the request.
Important: Under 38 CFR 3.31(b) and 38 CFR 3.654(b)(2), the end-of-month rule does not apply to the resumption of compensation following release from active duty. This rule does apply, however, to any additional benefits VA awards the Veteran because of a grant of SC for a new disability or an increased disability rating.
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4. Appeals of Decisions on Pre-Discharge Claims
Introduction |
This topic contains information regarding appeals of decisions on pre-discharge claims, including
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Change Date |
June 18, 2015 |
III.i.2.C.4.a.Procedures for Processing Appeals of Decisions on Pre-Discharge Claims |
Appeals of decisions on pre-discharge claims must be processed in accordance with procedures outlined in M21-1, Part I, 5.
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5. Requests for CSPLs
Change Date |
August 5, 2016 |
III.i.2.C.5.a.Procedures for CSPL Requests |
Civil Service Preference Letters (CSPL) can only be created by the VA when there is a prior period of verified, completed, other than dishonorable service of record. Use the table below when receiving one of these requests.
Note: If the service member does not have a prior period of service for which a CSPL can be given, does not want to obtain a CSPL letter from his/her branch of service prior to separation, and would prefer to obtain the letter from VA, then
Reference: For more information on EPs, see M21-4, Appendix B.
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9-27-17_Key-Changes_M21-1III_i_2_SecC.docx | May 8, 2019 | 54 KB |
Historical_M21-1III_i_2_SecC_6-18-15.doc | May 8, 2019 | 118 KB |
Historical_M21-1III_i_2_SecC_8-5-16.docx | May 8, 2019 | 63 KB |
Historical_M21-1III_i_2_SecC_9-15-17.docx | May 8, 2019 | 63 KB |
Change-June-18-2015-Transmittal-Sheet-M21-1III_i_2_SecC_TS.docx | May 8, 2019 | 40 KB |
Transmittal-Sheet-M21-1MRIII_i_3_TS.doc | May 8, 2019 | 55 KB |
Transmittal-Sheet-M21-1MRIII_i_2_SecC_TS.doc | May 8, 2019 | 58 KB |
Transmittal-Sheet-M21-1MRIII_i_2_SecD_TS.doc | May 8, 2019 | 57 KB |
Transmittal-Sheet-M21-1MRIII_i_2_SecA_TS.docx | May 8, 2019 | 38 KB |
Transmittal-Sheet-M21-1MRIII_i_2_SecB_TS.docx | May 8, 2019 | 39 KB |
8-5-16_Key-Changes_M21III_i_2_SecC.docx | May 8, 2019 | 64 KB |
Change-January-20-2015-Transmittal-Sheet-M21-1MRIII_i_2_SecC_TS.docx | May 8, 2019 | 38 KB |
in Chapter 2 Pre-Discharge Claims, Part III General Claims Process, Subpart i Overview of Claims Processing and Structure of the Veterans Service Center (VSC)
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