In This Section |
This section contains the following topics:
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1. Loyalty Clearances
Introduction |
This topic contains information on loyalty clearances, including
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Change Date |
June 8, 2018
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III.iii.1.E.1.a.Situations in Which VA Requires a Loyalty Clearance |
Obtain a loyalty clearance if
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III.iii.1.E.1.b.General Guidelines on When to Request a Loyalty Clearance |
Do not routinely request a loyalty clearance merely because the claimant resided in a territory of, or a territory under the control of, an enemy of the U.S. during World War II, unless the claimant resided in the Philippines.
In other than Philippine cases, request a loyalty clearance only if the evidence of record indicates the claimant may have rendered, or was in a position to render, assistance to an enemy of the U.S.
References: For more information about obtaining loyalty clearances in
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III.iii.1.E.1.c.Circumstances Under Which VA Does Not Require a Loyalty Clearance |
VA does not require a loyalty clearance because of residence in an enemy-occupied territory for
Note: Naturalized citizens must provide proof of naturalization. In the absence of evidence to the contrary, presume that the investigation associated with the naturalization proceedings established the loyalty of the claimant.
Reference: For more information on enemy territories and the dates hostilities ended, see M21-1, Part III, Subpart iii, 1.E.1.d.
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III.iii.1.E.1.e.Information Required From a Claimant to Obtain a Loyalty Clearance |
In all original claims (except Philippine cases), if a loyalty clearance is required under M21-1, Part III, Subpart iii, 1.E.1.a, b, and c, ask the claimant for the following information:
Reference: For information about obtaining loyalty clearances in Philippine cases, see M21-1, Part III, Subpart iii, 1.E.1.g.
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III.iii.1.E.1.f.Information to Request From the Office of Special Consular Services |
Through appropriate correspondence with the Office of Special Consular Services, Department of State, request assistance in obtaining any evidence as to whether or not the claimant
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III.iii.1.E.1.g. Obtaining a Loyalty Clearance in Philippine Cases |
If a loyalty clearance is required in a Philippine case
Note: A report from these sources that no derogatory information is available relative to the guilt of the claimant or the Veteran will sustain a presumption of innocence for adjudicative purposes or until evidence is received indicating guilt of one of the offenses in 38 U.S.C. 6104.
Reference: For more information on obtaining loyalty information in Philippine cases, see M21-1, Part III, Subpart vi, 4.C.5.
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III.iii.1.E.1.h. Action to Take When Records Indicate an Investigation Is Underway |
When records show the Department of State has already initiated an investigation under 38 U.S.C. 6104
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2. Authentication of Foreign Documents Under 38 CFR 3.202
Introduction |
This topic contains information about the authentication of foreign documents under 38 CFR 3.202, including
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Change Date |
February 28, 2019
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III.iii.1.E.2.a.When Authentication of a Foreign Document Is Required |
Except as provided in M21-1, Part III, Subpart iii, 1.E.2.b, if an affidavit or document is executed by or before an official in a foreign country, the signature of that official must be authenticated by
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III.iii.1.E.2.b.When Authentication of a Foreign Document Is Not Required |
Authentication of a foreign document is not required if
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III.iii.1.E.2.c.Requesting Authentication of Foreign Documents at the Pittsburgh, RO or Philadelphia PMC |
The Pittsburgh Regional Office (RO) and Philadelphia Pension Management Center (PMC) send requests for authentication of foreign documents directly to the embassy or consulate of the country in which the document was created.
Exception: The ROs send requests for authentication of documents that originated in Canada to VAC.
Notes:
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III.iii.1.E.2.d.Requesting Authentication of Foreign Documents at All Other ROs |
To request authentication of a foreign document at ROs other than the Pittsburgh RO or Philadelphia PMC
Notes:
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III.iii.1.E.2.e.Action to Take When the BAS Is Unable to Obtain Authentication |
If BAS is unable to obtain authentication of a foreign document
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3. Translation of Foreign Correspondence and Documents
Introduction |
This topic contains information on the translation of foreign correspondence and documents, including
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Change Date |
June 8, 2018
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III.iii.1.E.3.a.Referrals for Translation of Foreign Documents Within the Local RO |
A document written in any language other than English shall be referred to an employee in the local RO or an approved translation company who is deemed qualified by the Director and/or VSCM. This includes the following document(s) that could possibly contain foreign language:
If the RO employee provides translation, the employee must certify its accuracy by signing and dating a written statement to this effect.
When routing the request to an approved translation company
Reference: For more information on how to annotate a document in the Veterans Benefits Management System (VBMS), see VBMS Core User Guide.
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III.iii.1.E.3.b.Action to Take When Translation is Not Obtainable Using Local Resources |
If local resources do not exist for translation of a document written in a foreign language, follow the steps in the table below to request translation through the Pittsburgh RO.
Notes:
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4. Claims from Residents of Countries on the Treasury Department List Under 38 CFR 3.653
Introduction |
This topic contains information on claims from residents of countries on the Treasury Department list under 38 CFR 3.653, including
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Change Date |
February 28, 2019
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III.iii.1.E.4.a.Countries on the Treasury Department List |
The Treasury Department maintains a list of countries to which it will not send a Treasury check because there is no reasonable assurance the payee will actually receive and be able to negotiate the check for full value.
The countries to which the Treasury Department will not send a Treasury check are
References: For information on the
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III.iii.1.E.4.b.Correspondence With Persons in Listed Countries |
There is no prohibition against development and adjudication of claims filed by persons residing in listed countries. ROs may send correspondence to individuals living in the listed countries even if there is reasonable doubt they will receive the mail.
Note: In correspondence issued outside VA, use the term “listed” countries. Donot use the terms “Iron Curtain” or “blocked” country.
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III.iii.1.E.4.c.Developing Claims From Residents of Listed Countries |
Currently, the Department of State does not maintain offices in most of the countries on the Treasury Department list.
Develop and adjudicate a claim if a claimant residing in a listed country, on his/her own initiative
Note: Limit claims development to listed countries without a State Department office to direct correspondence with the claimant only.
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III.iii.1.E.4.d.When to Deny a Claim From a Person Residing in a Listed Country |
Deny a claim for VA benefits if
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5. Services the Department of State Provides
Introduction |
This topic contains information on services the Department of State provides, including
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Change Date |
October 27, 2017
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III.iii.1.E.5.a.Expenses Associated With Services the Department of State Provides |
The Department of State generally provides services through consular officers at American embassies and consulates, including investigation in foreign countries, without cost to VA.
The Department of State informs VA if an expense will be incurred.
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III.iii.1.E.5.b.Services Consular Officers May Provide |
Consular officers may
Reference: For more information on ROs that are responsible for processing foreign claims and contacting the consular officers, see M21-1, Part III, Subpart iii, 1.E.2.c.
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Historical_M21-1III_iii_1_SecE_10-27-17.docx | May 12, 2019 | 101 KB |
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6-8-18_Key-Changes_M21-1III_iii_1_SecE.docx | May 12, 2019 | 59 KB |
2-28-19_Key-Changes_M21-1III_iii_1_SecE.docx | May 12, 2019 | 50 KB |
in Chapter 1 Rules and Process, Part III General Claims Process, Subpart iii General Development and Dependency Issues
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