M21-1, Part IX, Subpart i, Chapter 5, Section A – General Information on Loan Guaranty Benefits

In This Section

Introduction

• general Veteran eligibility requirements
• eligibility for
  • service members
  • members of the Reserve and National Guard, and
  • a Veteran’s spouse, and
• certificate of eligibility (COE).

Change Date

IX.i.5.A.1.a.  General Veteran Eligibility Requirements

• at least 90 continuous days of service, any part of which occurred during wartime, or
• at least 181 continuous days of service during peacetime.

• enlisted (and began service) after September 7, 1980, or
• entered service as an officer after October 16, 1981.

• 90 days (if any part is during wartime), or
• 181 days (if during peacetime).

• character of discharge (COD) determinations, see M21-1, Part III, Subpart v, 1.B.1
• eligibility requirements, see 38 U.S.C. 3701 and 38 U.S.C. 3702, and
• other types of qualifying service, see M26-1, Chapter 7.

IX.i.5.A.1.b.  Eligibility for Service Members

IX.i.5.A.1.c.  Eligibility for Members of the Reserve and National Guard

• in an inactive status awaiting final discharge, or
• still serving in the Reserve or Guard.

IX.i.5.A.1.d.  Eligibility for a Veteran’s Spouse

• the unremarried surviving spouse of a Veteran who died as a result of service or SC causes
• the remarried surviving spouse of a Veteran who died on active duty or from SC causes, provided the surviving spouse remarried on or after
  • age 57, and
  • December 16, 2003, or
• the spouse of an active duty service member who is listed as missing in action (MIA) or a former prisoner of war (FPOW) for at least 90 days.  Eligibility under this MIA/FPOW provision is limited to one-time use only.

• continuously rated totally disabled for a period of 10 years or more immediately preceding death, or
• was rated totally disabled for a period of not less than five years from the date of discharge or release from active duty, or
• was an FPOW who died after September 30, 1999, and was continuously rated totally disabled for a period of not less than one year immediately preceding death.

• meet the definition of “surviving spouse,” as stated in  38 CFR 3.50(b)
• meet the requirements of 38 CFR 3.55, and
• not be eligible as a Veteran in his or her own right.

IX.i.5.A.1.e.  COE

• If the COE cannot be obtained via eBenefits, lenders can often obtain the COE using the Automated Certificate of Eligibility system in WebLGY.
• If a COE cannot be obtained either via eBenefits or the lender, further processing can be done by the Regional Loan Centers (RLC).

Introduction

• requesting a COE
• initial actions upon receipt of an application
• what the request for a determination of eligibility must include, and
• notification responsibility.

Change Date

IX.i.5.A.2.a.  Requesting a COE

IX.i.5.A.2.b.  Initial Actions Upon Receipt of an Application

• VA Form 26-1880, Request for a Certificate of Eligibility, and
• VA Form 26-1817, Request for Determination of Loan Guaranty Eligibility – Unmarried Surviving Spouses.

• Veterans Service Center (VSC) that has jurisdiction over the claims folder, or
• pension management center (PMC) that has jurisdiction over the survivors’ claim.

IX.i.5.A.2.c.  What the Request for a Determination of Eligibility Must Include

• name and address of the person making the application for a COE, and
• Veteran’s full name and claims folder number.

• Social Security number
• branch of service, and
• date(s) of
  • enlistment and discharge, or
  • death and service number.

IX.i.5.A.2.d.  Notification Responsibility

• legacy notice of disagreement or appeal, see  M21-1, Part I, 5
• request for higher-level review, see M21-1, Part I, 6, and
• supplemental claim, see M21-1, Part III, Subpart ii, 2.D.

Introduction

• eligibility determinations for
  • Veterans, and
  • surviving spouses
• development for certification purposes
• when a rating decision is required
• instructions for preparing the rating decision
• making basic eligibility determinations
• providing certification, and
• limit on the number of certifications that may be issued.

Change Date

IX.i.5.A.3.a.  Eligibility Determinations for Veterans

• a COD determination, if the Veteran’s discharge was not specifically under honorable conditions or was dishonorable, or
• a determination of discharge for disability, subject to presumption of incurrence or aggravation, as required under 38 CFR 3.315(b).

• making a COD determination, see M21-1, Part III, Subpart v, 1.B, and
• providing a basic eligibility determination to the RLC, see M21-1, Part IX, Subpart i, 5.A.3.g.

IX.i.5.A.3.b.  Eligibility Determinations for Surviving Spouses

• a determination as to SC death and relationship was not previously made, and
• no legal bar is shown.

IX.i.5.A.3.c.  Development for Certification Purposes

IX.i.5.A.3.d.  When a Rating Decision Is Required

• the Veteran’s death was SC
• discharge or release from active duty was because of an SC disability, or
• a serviceperson hospitalized pending final discharge has an SC disability for which he/she could be discharged or released.

IX.i.5.A.3.e.  Instructions for Preparing the Rating Decision

IX.i.5.A.3.f.  Making Basic Eligibility Determinations

IX.i.5.A.3.g.  Providing Certification

• Veteran, provide certification on VA Form 26-1880, or
• surviving spouse, provide certification on VA Form 26-1817.

• When VA Form 3232, General Information Request, is received from the RLC, this form will be annotated and used in lieu of the forms mentioned above.
• Send the surviving spouse VA Form 21P-534 or VA Form 21P-534EZ when
  • basic eligibility is shown because of SC death, and
  • there is no indication that this form was furnished previously.

IX.i.5.A.3.h. Limit on the Number of Certifications That May Be Issued