M21-1, Part III, Subpart vi, Chapter 4, Section B – Eligibility for Benefits

In This Section

Introduction

• who is eligible for benefits
• eligibility of Veterans with service in the 14^th Infantry, Army of the United States (AUS), and
• benefit rates payable.

Change Date

III.vi.4.B.1.a.  Who Is Eligible for Benefits

• regular or “old” Philippine Scouts – served as part of the U.S. Army and military service was considered active service in the U.S. Armed Forces throughout its existence
• service in the Commonwealth Army of the Philippines – called into the service of the U.S. Armed Forces of the Far East (USAFFE)  on or after July 26, 1941 and June 30, 1946; also known as Philippine Commonwealth Army
• special or “new” Philippine Scouts – served with the U.S. Armed Forces with the consent of the Philippine government between October 6, 1945 and June 30, 1947, and
• guerrilla service – service with the USAFFE in resistance units recognized by and cooperating with U.S. forces between April 20, 1942 and June 30, 1946

• eligible for all VA benefits and services at full-dollar rates, under the
• eligibility rules applicable to U.S. Veterans.

III.vi.4.B.1.b.  Eligibility of Veterans with Service in the 14^th Infantry, AUS

• Philippine Commonwealth Army
• Philippine Scouts, or
• guerrilla organization.

III.vi.4.B.1.c.  Benefit Rates Payable

Introduction

• service of the Philippine Commonwealth Army in the United States Army
• termination of service of the Philippine Commonwealth Army from the United States Army
• benefit eligibility of Veterans
• benefit eligibility of survivors, and
• benefit rates payable.

Change Date

III.vi.4.B.2.a.  Service of the Philippine Commonwealth Army in the United States Army

III.vi.4.B.2.b.  Termination of Service of the Philippine Commonwealth Army from the United States Army

III.vi.4.B.2.c.  Benefit Eligibility of Veterans

• eligibility to VA benefits based on service in the Philippines, see M21-1, Part III, Subpart vi, 4.A.2, and
• the Filipino Veterans Equity Compensation (FVEC), see M21-1, Part III, Subpart vi, 4.B.5.

III.vi.4.B.2.d.  Benefit Eligibility of Survivors

III.vi.4.B.2.e.  Benefit Rates Payable

• Disability compensation and burial benefits may be payable at the full-dollar rate for Veterans who
  • are U.S. citizens or permanent resident aliens, and
  • reside in the U.S. or resided in the U.S. or its territories at the time of death.
• Dependency and Indemnity Compensation (DIC) may be payable at the full-dollar rate for survivors who
  • are U.S. citizens or permanent resident aliens, and
  • reside in the U.S or its territories.
• If the service department certifies that Philippine Commonwealth Army service was followed by AUS service and disability or death was the result of the AUS service, benefits are payable at the full-dollar rate and income for dependent parents or Parents’ DIC is computed at the full-dollar rate.

• compensation benefits payable at the full-dollar rate based on U.S. residency, see M21-1, Part III, Subpart vi, 4.D, and
• burial benefits payable at the full-dollar rate based on U.S. residency, seeM21-1, Part III, Subpart vi, 4.D.

Introduction

• eligibility requirements for Veterans who served as
  • Regular or “old” Philippine Scouts, and
  • Special or “new” Philippine Scouts, and
• benefit rates payable.

Change Date

III.vi.4.B.3.a.  Eligibility of Regular or “Old” Philippine Scouts

III.vi.4.B.3.b.  Eligibility of Special or “New” Philippine Scouts

III.vi.4.B.3.c.  Benefit Rates Payable

• regular or “old” Philippine Scouts and their dependents are payable at the full-dollar rate authorized by applicable law, and
• special or “new” Philippine Scouts and their dependents are payable at the half-dollar rate, which is a rate equivalent to $0.50 for each dollar authorized to be paid under 38 U.S.C. 107(b).

• are U.S. citizens or permanent resident aliens, and
• reside in the U.S. or resided in the U.S. or its territories at the time of death.

Introduction

• definition of  guerrilla
• definition of United States Armed Forces in the Far East (USAFFE) guerrilla
• eligibility of Veterans with USAFFE guerrilla service
• guerilla service requirements
• one-day recognition of guerrilla service
• closing of the guerrilla rosters, and
• benefit rates payable.

Change Date

III.vi.4.B.4.a.  Definition:  Guerrilla

• United States Army
• United States Navy
• United States Marine Corps, or
• Philippine Army, that was recognized by, and cooperating with, the Armed Forces of the United States.

III.vi.4.B.4.b.  Definition:  USAFFE Guerrilla

III.vi.4.B.4.c.  Eligibility of Veterans With USAFFE Guerrilla Service

III.vi.4.B.4.d.  Guerrilla Service Requirements

III.vi.4.B.4.e.  One-Day Recognition of Guerrilla Service

III.vi.4.B.4.f.  Closing of the Guerrilla Rosters

III.vi.4.B.4.g.  Benefit Rates Payable

• compensation and DIC benefits payable at the full-dollar rate based on U.S. residency, see M21-1, Part III, Subpart vi, 4.D, and
• burial benefits payable at the full-dollar rate based on U.S. residency, seeM21-1, Part III, Subpart vi, 4.D.

Introduction

• description of FVEC
• FVEC eligibility
• release clause, and
• time limit.

Change Date

III.vi.4.B.5.a.  Description of FVEC

• $9,000 for non-U.S. citizens
• $15,000 for Filipino Veterans with U.S. citizenship.

III.vi.4.B.5.b.  FVEC Eligibility

• Before July 1, 1946, in the organized military forces of the government of the Commonwealth of the Philippines, while such forces were in the service of the Armed Forces of the U.S. pursuant to the military order of the President dated July 26, 1941.  This included organized guerilla forces who served under commanders appointed, designated, or subsequently recognized by the Commander in Chief, Southwest Pacific Area, or other competent authority in the Army of the U.S., or
• In the Philippine Scouts under Section 14 of the Armed Forces Voluntary Recruitment Act of 1945.

III.vi.4.B.5.c.  Release Clause

• either a larger payment under Section 1002(e) for a person who later becomes a U.S. citizen, or
• payment on some other basis not currently recognized by statute, such as
  • entitlement to additional damages for human suffering
  • the difference between the compensation actually received and compensation at the full-dollar rate
  • reparations
  • restitution, or
  • payment under some other equitable theory.

III.vi.4.B.5.d.  Time Limit