M21-1, Part III, Subpart iii, Chapter 1, Section E – Resources for Claims and Evidence Involving Foreign Residency

In This Section

Introduction

Change Date

III.iii.1.E.1.a.Situations in Which VA Requires a Loyalty Clearance

• the Department of Veterans Affairs (VA) declares a forfeiture of benefits by reason of a treasonable act under 38 CFR 3.902(d), or
• it is required in connection with payments to an alien under 38 CFR 3.653(b).

III.iii.1.E.1.b.General Guidelines on When to Request a Loyalty Clearance

• Philippine cases, see M21-1, Part III, Subpart iii, 1.E.1.g, and
• all other cases, see M21-1, Part III, Subpart iii, 1.E.1.e.

III.iii.1.E.1.c.Circumstances Under Which VA Does Not Require a Loyalty Clearance

• a claimant who was under age 18 at the time hostilities ended in that area
• a child, regardless of age,
  • who is in the custody of a surviving spouse, and
  • for whom VA is paying benefits to the surviving spouse
• a claimant who
  • resided in Guam during the Japanese occupation, and
  • provides evidence of continuing residence in a State, as defined in 38 CFR 3.1(i), precluding forfeiture under 38 CFR 3.902(d)(2)
• a claimant who resided in an enemy-controlled territory and has since become a citizen of the U.S., and/or
• a claimant who first came into a territory under the former control of an enemy of the U.S. after hostilities ended in that area.

III.iii.1.E.1.e.Information Required From a Claimant to Obtain a Loyalty Clearance

• name of the person in question, including
  • family name
  • first name
  • middle name
  • maiden name in the case of a married female, and
  • any other name or names the person might have used
• date and place of birth
• date and place of all marriages
• former and present nationality, and
• all addresses and dates of residence in foreign countries.

III.iii.1.E.1.f.Information to Request From the Office of Special Consular Services

• has ever been found guilty of the offenses in 38 U.S.C. 6104, or
• was a member of the Fascist or Nazi parties, including
  • information as to whether such membership was discontinued and, if so,
  • the date of discontinuation of membership.

III.iii.1.E.1.g.  Obtaining a Loyalty Clearance in Philippine Cases

• ask the claimant to complete VA Form 21-4169, Supplement to VA Forms 21-526EZ, 21P-534EZ, and 21P-535 (For Philippine Claims), and
• use the information furnished by the Department of the Army, based on Counter Intelligence Corps and other records, as a basis for the loyalty clearance.

III.iii.1.E.1.h.  Action to Take When Records Indicate an Investigation Is Underway

• do not make a specific request for such investigation, and
• establish local control for receipt of the report.

Introduction

• when authentication of a foreign document
  • is required, and
  • is not required
• requesting authentication of foreign documents at the Pittsburgh Regional Office (RO) or Philadelphia Pension Management Center (PMC)
• requesting authentication of foreign documents at all other ROs, and
• action to take when the Benefits Assistance Service (BAS) is unable to obtain authentication.

Change Date

III.iii.1.E.2.a.When Authentication of a Foreign Document Is Required

• a U.S. consular officer in that jurisdiction, or
• the Department of State.

III.iii.1.E.2.b.When Authentication of a Foreign Document Is Not Required

• the Deputy Minister of Veterans Affairs, Veterans Affairs Canada (VAC), submitted and approved the document
• the attesting officer is authorized to administer oaths for general purposes and the document bears that officer’s signature and seal
• the document is executed before a VA employee located in a foreign country who is authorized to administer oaths, or
• a copy of a public or church record from any foreign country purports to establish birth, marriage, divorce, or death, provided
  • the record bears the signature and seal of the custodian of such record, and
  • there is no reason to doubt the correctness of information shown on the record.

III.iii.1.E.2.c.Requesting Authentication of Foreign Documents at the Pittsburgh, RO or Philadelphia PMC

• All foreign claims for compensation will be routed to and worked at the Pittsburgh RO (311).  This includes legacy appeals, work items, and non-rating end products.
• All foreign claims for pension will be routed to and worked by the Philadelphia PMC (310).
• Send e-mail inquiries concerning the addresses of foreign embassies or consulates and the services they perform toVAVBAWAS/CO/OUTREACH.

III.iii.1.E.2.d.Requesting Authentication of Foreign Documents at All Other ROs

• prepare a request for the signature of the Veterans Service Center Manager (VSCM)
• scan the request and foreign document into a digital format, and
• e-mail the request and foreign document to the Benefits Assistance Service (BAS) at VAVBAWAS/CO/OUTREACH.

• BAS forwards the request for authentication to the appropriate Foreign Service post.
• E-mail inquiries concerning the services foreign consulates or embassies perform to VAVBAWAS/CO/OUTREACH.

III.iii.1.E.2.e.Action to Take When the BAS Is Unable to Obtain Authentication

• return the document to the claimant, and
• advise him/her that VA can take no further action on his/her claim until he/she submits acceptable documentation.

Introduction

• referrals for translation of foreign documents within the local RO, and
• action to take when translation is not obtainable using local resources.

Change Date

III.iii.1.E.3.a.Referrals for Translation of Foreign Documents Within the Local RO

• VA Form 21-4138, Statement in Support of Claim
• letters from a claimant or witness
• medical documents, or
• Social Security Administration documents.

• make a copy of the document(s) to be translated
• annotate the claims folder to show the document(s) is/are being translated, and
• update the claim level suspense to show the request is pending with translations.

III.iii.1.E.3.b.Action to Take When Translation is Not Obtainable Using Local Resources

• Normal processing time for a request for translation is 10 days.
• Priority processing time is dependent upon the type of language and the number of documents that require translation.
• When translation is complete, the Pittsburgh RO
  • uploads the translated documents into VBMS, and
  • notifies the RO that requested the translation.

Introduction

• countries on the Treasury Department list
• correspondence with persons in listed countries
• developing claims from residents of listed countries, and
• when to deny a claim from a person residing in a listed country.

Change Date

III.iii.1.E.4.a.Countries on the Treasury Department List

• Democratic People’s Republic of Korea (North Korea), and
• Republic of Cuba (Cuba).

• current Treasury Department list, see 31 CFR 211.1
• services the Department of State provides to VA, see M21-1, Part III, Subpart iii, 1.E.5, and
• sanctions programs and country information, see the Treasury Department Office of Foreign Assets Control list.

III.iii.1.E.4.b.Correspondence With Persons in Listed Countries

III.iii.1.E.4.c.Developing Claims From Residents of Listed Countries

• requests that benefit payments
  • bear a foreign address in a country that is not on the list, and
  • be sent via direct deposit, or
• specifies
  • the Foreign Service post to which VA should send benefit checks, and
  • that the claimant will take delivery of the checks at the Foreign Service post in person.

III.iii.1.E.4.d.When to Deny a Claim From a Person Residing in a Listed Country

• the claimant does not follow the instructions in M21-1, Part III, Subpart iii, 1.E.4.c, or
• full development of the claim will require the services of the Department of State.

Introduction

• expenses associated with services the Department of State provides, and
• services consular officers may provide.

Change Date

III.iii.1.E.5.a.Expenses Associated With Services the Department of State Provides

III.iii.1.E.5.b.Services Consular Officers May Provide

• furnish general information and assistance, including assistance to claimants, beneficiaries, and apportionees, in the preparation of applications for benefits
• inspect and approve institutions for pursuit of courses of study by children between the ages of 18 and 23
• investigate and develop claims at VA’s request and perform other services in connection with a claim
• administer oaths for VA purposes
• take action at the request of the Under Secretary for Benefits or his/her designee on matters involving guardianship, and
• make arrangements for physical examinations.