Overview
In This Section |
This section contains the following topics:
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1. General Information on FPOW Status
Introduction |
This topic contains general information on determinations of FPOW status, including
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Change Date |
March 23, 2015 |
III.v.1.C.1.a.Definition: FPOW |
A former prisoner of war (FPOW) is defined in 38 U.S.C. 101(32) as a person who, while serving in the active military, naval, or air service, was forcibly detained or interned in the line of duty by
Note: The Court of Appeals for Veterans Claims, in McBurney v. Shinseki, September 10, 2009, No. 08-4015, observed that the definition of “detain,” under the provisions of 38 U.S.C. 101(32) must include the elements of “restraint” and “custody.” |
III.v.1.C.1.b.Circumstances Comparable to POW Detainment |
Circumstances comparable to prisoner of war (POW) detainment include, but are not limited to
Note: In the absence of evidence to the contrary, consider that each individual in a group of detainees/internees encountered the same circumstances experienced by the group as a whole.
Reference: For more information about the circumstances of detention or internment, see 38 CFR 3.1(y)(2).
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III.v.1.C.1.d.Assumption That Forcible Detention Occurred in the Line of Duty |
Assume that forcible detention or internment occurred in the line of duty unless there is affirmative evidence showing that it was the proximate result of the serviceperson’s own willful misconduct.
References:
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III.v.1.C.1.e.Holding Claimants to the Same Standards of Evidence |
When considering claims under the criteria of M21-1, Part III, Subpart v, 1.C.1, hold all claimants to the same standards of evidence, regardless of the alleged captor.
Because 38 U.S.C. 101(32)(B) does not concede automatic recognition as FPOWs to any particular group, do not make unsupported assumptions.
If sufficient evidence comes to the attention of Department of Veterans Affairs (VA) Central Office (CO) demonstrating the eligibility of any particular group under this section of the law, CO will
Note: If evidence indicates that certain individuals in such a group may have been detained or interned under more favorable circumstances than the rest of the group, administrative decisions are required.
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III.v.1.C.1.f.Accepting Service Department Findings on FPOW Status |
VA will accept the finding of the service department concerning FPOW status during wartime if detention or internment was by an enemy government or its agents.
Reference: For the authority to accept service department findings of FPOW status, see 38 CFR 3.1(y)(1).
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2. Developing for FPOW Status
Introduction |
This topic contains information on determining FPOW status, including
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Change Date |
March 23, 2015 |
III.v.1.C.2.a.Affording Claimants an Opportunity to Present Evidence |
Evidence from the service department on the circumstances of detention or internment may be difficult to obtain. It is important that VA afford each claimant an opportunity to present all evidence in support of his or her claim.
To this end, clearly explain to claimants the
Reference: For more information on buddy statements, see M21-1, Part III, Subpart iii, 2.E.6.b. |
III.v.1.C.2.b.Evidence Requirements for Determining FPOW Status |
Use the table below to determine what type of evidence is required for making an administrative decision on FPOW status.
References: For more information on developing for
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3. Approval and Notification of FPOW Determinations
Introduction |
This topic contains information on the approval and notification of FPOW determinations, including |
Change Date |
July 27, 2017 |
III.v.1.C.3.a. FPOW Decision Format and Criteria |
Follow the instructions in M21-1, Part III, Subpart v, 1.A.3 for
Base the decision on the criteria outlined for peacetime FPOW decisions in 38 CFR 3.1(y)(2).
In the issue section of the decision, indicate whether or not detention or internment occurred in peacetime or wartime.
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III.v.1.C.3.b. Submitting an FPOW Determination for Approval |
The Director of Compensation Service must approve RO determinations that grant or deny FPOW status before an RO may take action on the decision.
The table below contains instructions for submitting the RO determination to Compensation Service for approval.
Reference: For more information on requesting guidance from Compensation Service, see M21-1, Part III, Subpart vi, 1.A.
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III.v.1.C.3.c. Format of Letter Requesting Compensation Service Approval of an FPOW Status Determination |
Follow the format of the letter below when preparing a letter that requests Compensation Service approval of an FPOW status determination.
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III.v.1.C.3.d. Notifying the Claimant of the FPOW Determination |
Use the table below to determine how to notify the claimant of the FPOW determination.
Reference: For more information on decision notification requirements, see M21-1, Part III, Subpart v, 2.B.
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Historical_M21-1III_v_1_SecC_3-23-15.doc | May 16, 2019 | 183 KB |
7-27-17_Key-Changes_M21-1III_v_1_SecC.docx | May 16, 2019 | 64 KB |
Transmittal-pt03_sp05_ch01_TS.doc | May 16, 2019 | 140 KB |
Change-March-23-2015-Transmittal-Sheet-M21-1MRIII_v_1_SecC_TS.docx | May 16, 2019 | 41 KB |
in Chapter 1 Administrative Decisions, Part III General Claims Process, Subpart v General Authorization Issues and Claimant Notification
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