Overview
In This Section |
This section contains the following topics:
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1. Temporary Transfer of Claims Folders
Change Date |
September 14, 2018 |
III.ii.5.F.1.c. Claims Folder Review by PMCs in Pension Adjustments |
A pension management center (PMC) may request that an office within its geographical jurisdiction transfer a paper claims folder in order to adjust a pension award.
After the PMC completes the adjustment, it determines whether to accept permanent jurisdiction of the claims folder or return it to the originating office.
Note: If the PMC decides to return the claims folder, the RO must accept the PMC decision regarding permanent jurisdiction.
Reference: For more information on PMC jurisdiction of claims folders, see M21-1, Part V, Subpart iv, 2.1.
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III.ii.5.F.1.d. Processing Temporary Transfers of Claims Folders With COVERS |
For temporary transfers processed through the Control of Veterans Records System (COVERS), see the COVERS User Guide.
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III.ii.5.F.1.f. Maintaining Control of Paper Claims Folders Temporarily Transferred Out |
Local management sets suspense dates. Generally, controls for paper claims folders are set for
Other temporary transfers generally require a 30-day suspense date.
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III.ii.5.F.1.g. Handling Temporary Transfer Requests for Paper Claims Folders From the IOM |
When the Board on the Health of Select Populations (BSP) of the Institute of Medicine (IOM) requests paper claims folders for review, establish a 90-day suspense date for
Follow the steps in the table below if the claims folder is not returned within 90 days.
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III.ii.5.F.1.h. When a Paper Claims Folder Is Temporarily Transferred to CO for Administrative or Other Consideration |
Use the table below for information on the process that occurs when
Reference: For more information on the types of guidance that may be requested from Compensation Service and P&F Service, see M21-1, Part III, Subpart vi, 1.A.1.
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III.ii.5.F.1.i. Handling Paper Claims Folders Returned From Temporary Transfer |
Following receipt of a paper claims folder returned from a temporary transfer
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2. Mail Received During a Temporary Transfer
Introduction |
This topic contains information on mail received during a temporary transfer, including correspondence received
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Change Date |
September 14, 2018 |
III.ii.5.F.2.a. Correspondence Received While a Paper Claims Folder Is Temporarily Transferred |
Use the table below to determine the appropriate action to take following receipt of correspondence for a paper claims folder that has been temporarily transferred to another RO.
References: For more information on the procedures for
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III.ii.5.F.2.b. Correspondence Received During a Temporary Transfer for eFolders |
When there is no paper claims folder and the Veteran’s record is completely electronic, only the claim is transferred to the SOJ in a temporary transfer. The SOO retains jurisdiction of the electronic claims folder (eFolder).
Use the table below to determine the appropriate action to take following receipt of correspondence when an electronic claim has been temporarily transferred to another RO.
References: For more information on the procedures for
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3. Processing and Disposition of Folders in Litigated Cases
Introduction |
This topic contains information about the processing and disposition of folders in litigated cases, including
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Change Date |
September 14, 2018 |
III.ii.5.F.3.a. Cases Involving Benefits Payable by or to VA |
Follow the steps in the table below to handle cases involving claims for benefits payable by or to VA.
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III.ii.5.F.3.b. Guidelines for Handling Administrative Reconsideration Cases |
VA may administratively reconsider a case either
If a suit is pending and VA will administratively reconsider the case, forward the claims folder and the DoJ files, as discussed in M21-1, Part III, Subpart ii, 5.F.3.c, through OGC.
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III.ii.5.F.3.c. Handling Cases Involving Confidential Information |
Follow the steps in the table below if the DoJ files contain confidential information that VA must return, including
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III.ii.5.F.3.d. Receiving the Claims Folder After a Court Determination |
After a court determination in a case in which a lawsuit was filed, the claims folder is received from the DoJ through OGC. OGC advises the RO of the determination and its effect upon the benefits involved.
If the RO deems it appropriate, it may request in any case that OGC provide copies of documents involved in the court proceedings.
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III.ii.5.F.3.e. Replies to Inquiries in Cases Not Involving Litigation |
Replies to inquiries regarding cases that are not involved in litigation or do not require adjudicative action are prepared by Compensation Service.
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4. Temporary Transfer of Deceased Veterans’ Claims Folders for Special Issues
Introduction |
This topic contains information about the temporary transfer of deceased Veterans’ claims folders to designated offices for handling special issues, including
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Change Date |
September 14, 2018 |
III.ii.5.F.4.a. Jurisdiction Policy |
Normally, if jurisdiction is established in an RO or PMC, that office handles all adjudicative actions.
Exception: An office or center with jurisdiction over the geographical location of the claimant should not handle adjudicative actions over which exclusive jurisdiction is assigned for special issues identified in this chapter.
Reference: For more information on special issues under exclusive jurisdiction of specific offices or centers, see M21-1, Part III, Subpart ii, 5.A.
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III.ii.5.F.4.b. Statement of Reason for Transfer and Pending Claims |
State the reason for transfer in
Notes:
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III.ii.5.F.4.c. Temporary Transfers for Claims Involving Foreign Currency |
Temporarily transfer a deceased Veterans’ claims folder to the Pittsburgh RO if
Exception: For exceptions to Pittsburgh’s jurisdiction of some foreign cases, see the table in M21-1, Part III, Subpart ii, 5.B.1.b.
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III.ii.5.F.4.d. Temporary Transfers for Expenses Erroneously Paid by VA |
Temporarily transfer a deceased Veterans’ claims folder to the Philadelphia PMC if VA erroneously paid another Federal agency an allowance for
Rationale: The purpose of the transfer is for VA to file a claim with another Federal agency.
Reference: For more information on handling erroneous burial awards, see M21-1, Part VII, 1.C.1.
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III.ii.5.F.4.e. Temporary Transfers for Expenses Erroneously Paid by Another Agency |
Temporarily transfer a deceased Veterans’ claims folder to the Philadelphia PMC if another Federal agency erroneously paid an allowance for
Rationale: The purpose of the transfer is to dispose of a claim against VA by another Federal agency.
Reference: For more information on handling erroneous burial awards, see M21-1, Part VII, 1.C.1.
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III.ii.5.F.4.f. Temporary Transfers for Adjusted Compensation |
Temporarily transfer a deceased Veteran’s claims folder to the Philadelphia PMC for the settlement of a claim for adjusted compensation under the World War Adjusted Compensation Act.
Use the table below to determine the appropriate action.
Reference: For more information on adjusted compensation, see M21-1, Part III, Subpart ii, 5.B.4.a.
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9-14-18_Key-Changes_M21-1III_ii_5_SecF.docx | May 11, 2019 | 58 KB |
Change-July-30-2015-Transmittal-Sheet-M21-1III_ii_5_SecF_TS.docx | May 11, 2019 | 42 KB |
Transmittal-Sheet-09_02_10.doc | May 11, 2019 | 112 KB |
Historical_M21-1MRIII_ii_5_SecF_09-02-2010.docx | May 11, 2019 | 54 KB |
in Chapter 5 Jurisdiction and Transfer, Part III General Claims Process, Subpart ii Initial Screening and Determining Veteran Status
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