Select Page

M21-1, Part III, Subpart vi, Chapter 4, Section E – Unique Circumstances

Overview


In This Section

 
This section contains the following topics:
Topic
Topic Name
1
2
3
4

 

1.  Handling Letters Alleging Nonentitlement


Introduction

 
This topic contains information on how to handle letters that allege a claimant’s nonentitlement to benefits, including

Change Date

 
May 13, 2015

III.vi.4.E.1.a. Receiving Letters Alleging Nonentitlement

 
When letters, anonymous or signed, are received alleging that a payee is notentitled to the benefit being paid, determine if the evidence is sufficient to warrant terminating benefits.

III.vi.4.E.1.b.  When Further Development Is Required for Letters Alleging Nonentitlement

 
If the letter alleging nonentitlement contains specific assertions of fact, not mere generalities, and it appears that the writer has knowledge of the circumstances, complete any necessary development to include a field examination, if required.

III.vi.4.E.1.c.When Further Development Is Not Required

If the developed evidence establishes a factual basis for suspension of the award, then

III.vi.4.E.1.d.  When Further Development Is Not Required

 
Use the table below to determine what actions are necessary if the letter alleging nonentitlement contains mere generalities not requiring development
If …
Then …
the claims folder is an electronic claims folder (eFolder)
in the Veterans Benefits Management System (VBMS) in the SUBJECT field under DOCUMENT PROPERTIES of the letter, add
  • NAN”, for no action necessary
  • the current date, and
  • the initials of the person making the entry.
the claims folder is a paper claims folder
  • annotate the letter “NAN
  • date and initial the letter, and
  • file the letter in the paper claims folder.
Reference:  For more information on using VBMS, see the VBMS User Guide.

2.  Handling Requests for Appointment of Fiduciary for Child Pending Determination of Surviving Spouse’s Entitlement


Change Date

 
May 13, 2015

III.vi.4.E.2.a. Provisions for Awards to Children Pending Determination of Surviving Spouse’s Entitlement

 
When there is a surviving spouse with a child or children and an award is to be made to the children pending the outcome of a field examination to determine the surviving spouse’s entitlement or continued entitlement
Note:  Do not apply these provisions in Veterans Pension cases when children are in the custody of the surviving spouse, as no award for the children may be made without a determination of the surviving spouse’s entitlement.
Reference:  For more information on preparing and submittal of VA Form 21-592, see M21-1, Part III, Subpart v, 9.A.1.c.

 

3.  Handling Denial or Withdrawal of Alleged Service


Change Date

 
August 14, 2006

III.vi.4.E.3.a. Handling Denial or Withdrawal of Alleged Service

 
When recognition of alleged service is denied or a prior recognition is withdrawn, then either

 

4.  Requesting Claims Folders From the Manila RO

 


Change Date

 
August 14, 2006

III.vi.4.E.4.a.  When a Claims Folder Transfer from the Manila RO Is Prohibited

 
Before requesting a claims folder from the Manila RO, the requesting office must check the Beneficiary Identification Records Locator Subsystem (BIRLS) to ensure that the file is not one of the following cases:
  • Special Philippine Scout
  • Commonwealth Army, or
  • Guerrilla and Combination Service.
This can be done by checking the branch of service code.  Branch of service codes include
  • SPS (Special Philippine Scout)
  • CA (Commonwealth Army), and
  • GCS (Guerrilla and Combination Service).
Note:  Some of the older cases may show branch of service as “ARMY” in error.
Change-May-13-2015-Transmittal-Sheet-M21-1III_vi_4_SecE_TS.docx May 18, 2019 39 KB
Transmittal-08_14_06.doc May 18, 2019 35 KB
Did this article answer your question?

Leave a Reply





Pin It on Pinterest

Share This