Overview
In This Chapter |
This chapter contains the following topics:
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1. Identification of Fugitive Felons
Introduction |
This topic contains information on the identification of fugitive felons, including
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Change Date |
December 26, 2017
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X.16.1.b. Legal Basis for the Fugitive Felon Match |
38 U.S.C. 5313B prohibits the payment of
Exception: The prohibition of payment under 38 U.S.C. 5313B does not apply to beneficiaries in receipt of Old Law Pension or Section 306 Pension.
Note: Dependent children of a fugitive surviving spouse may continue to receive benefits in their own right.
Reference: For more information on the prohibition of payment to fugitive felons, see
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X.16.1.d. OIG Responsibilities With Regard to the Match |
The Office of Inspector General (OIG) is responsible for
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X.16.1.e. NCIC Offense Codes |
The table below contains information about the offense codes referenced in M21-1, Part X, 16.1.d. The National Crime Information Center (NCIC) assigns these codes, and they are an indicator that the individual with the felony arrest warrant
Important: This list is not all-inclusive.
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X.16.1.f. VBA Responsibilities With Regard to the Match |
VBA is responsible for
Reference: For details regarding the responsibilities described in this block, seeM21-1, Part X, 16.2.
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2. Fugitive Felon Award Adjustments
Introduction |
This topic contains information on fugitive felon award adjustments, including
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Change Date |
February 19, 2019
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X.16.2.a. Initial Stages of the Process for Handling Form FFP-3 |
The table below contains a description of the initial stages of the process for handling Form FFP-3.
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X.16.2.b. Handling Fugitive Felon Cases That Must Be Processed Manually |
ROs must take the actions described in the table below when an 840-series work item appears in their inventory that represents a fugitive felon case that did notmeet the criteria for automated processing.
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X.16.2.c. RO Involvement With Fugitive Felon Cases That Initially Met the Criteria for Automated Processing |
VSCs and PMCs become involved in the processing of fugitive felon cases that initially met the criteria for automated processing under the following circumstances:
Under the circumstances described above,
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X.16.2.d. Deciding Whether an Individual Is a Fugitive Felon and Notifying the Beneficiary of the Decision |
Take the actions described in the table below after
Note: Follow the instructions in
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X.16.2.g. Resuming a Beneficiary’s Award |
Resume an award that was stopped or reduced because a beneficiary or a beneficiary’s dependent was a fugitive felon effective the date the fugitive-felon status ended, which is the earlier of the following dates:
Important:
Example: If an individual’s fugitive-felon status ended on October 14, resume the corresponding award effective October 14, not November 1.
Exception: The effective date policies described in this block apply only if a beneficiary (or apportionee, if applicable) notifies VA that his/her or a dependent’s fugitive-felon status ended
If VA does not receive notice within the one-year time frame, the effective date for resuming benefits is the first of the month following the date VA receives the notice, per 38 CFR 3.31.
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X.16.2.h. Handling Cases in Which the Warrant Has Been Cleared |
The fact that a warrant has been dismissed, recalled, quashed (annulled or set aside), or otherwise cleared does not mean that no action is required on the corresponding Form FFP-3, unless it has been established that the warrant was cleared effective on or before the warrant date shown on Form FFP-3.
In most cases in which a warrant is dismissed, recalled, or quashed, a valid warrant was still pending through the date the warrant was cleared. VA benefits are subject to adjustment from the warrant date (or the effective date of 38 U.S.C. 5313B) until the date the warrant was recalled, dismissed, or quashed.
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X.16.2.i. Handling Cases in Which VA Is Withholding Disability Compensation to Recoup Separation Benefits |
VA must make the adjustments described in this topic even if it is withholding all or part of a Veteran’s disability compensation for the purpose of recouping separation benefits he/she received.
Example:
Scenario:
Result: Although the Veteran is not currently receiving benefits from VA due to the withholding, VA must stop her award, which will terminate the withholding, until the Veteran’s status as a fugitive felon ends.
Reference: For more information about the recoupment of separation benefits, see M21-1, Part III, Subpart v, 4.B.
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X.16.2.j. Restoring Benefits That Were Adjusted Based on a Prior Policy |
Prior to the release of VBA Letter 20-14-09 on June 23, 2014, it was VBA’s policy to adjust a beneficiary’s award (or apportionee’s award, if applicable) if the beneficiary or one of his/her dependents was the subject of any felony arrest warrant. Evidence of fleeing was not a requirement prior to this date.
Reopen a beneficiary’s claim (or an apportionee’s claim, if applicable) for restoration of benefits if
After evidence is obtained that confirms the subject of the felony arrest warrant does not meet the definition of a fugitive felon, as provided in M21-1, Part X, 16.1.a, restore benefits from the effective date shown in the table below.
Note: A decision becomes “final” at the expiration of the period in which to file a review option available under 38 CFR 3.2500 or disposition on judicial review where no such review option is available.
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X.16.2.k. Handling Documentation of an Individual’s Fugitive-Felon Status From Sources Other Than OIG |
Upon receipt or discovery of documentation from a source other than OIG that suggests a beneficiary or a beneficiary’s dependent might be or might have been a fugitive felon,
Note: Compensation Service and P&F Service consult with OIG to determine whether OIG should issue a Form FFP-3.
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3. Fugitive-Felon Status Issues
Introduction |
This topic contains information on fugitive-felon status issues, including
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Change Date |
February 22, 2017
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X.16.3.a. Evidence Required to Establish That a Beneficiary or Beneficiary’s Dependent Is No Longer a Fugitive |
A beneficiary (or apportionee, if applicable) may establish that he/she or a dependent is no longer a fugitive by
VA will make reasonable efforts to contact the official to establish that the beneficiary or dependent is no longer a fugitive, but it is ultimately the responsibility of the beneficiary (or apportionee, if applicable) to provide evidence that the fugitive status has been cleared.
Notes:
Reference: For information on contacting a warrant agency to confirm a warrant has been cleared, see M21-1, Part X, 16.3.b.
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X.16.3.b. Contacting a Warrant Agency to Confirm a Warrant Has Been Cleared |
When contacting a warrant agency to confirm a warrant has been cleared
If the warrant agent denies the existence of the warrant, e-mail details of the case to VAVBAWAS/CO/212A (VSCs only) or VAVBAWAS/CO/PENSION POL & PROC(PMCs only). Do not restore benefits until Compensation Service or P&F Service responds to the e-mail. If OIG issued an FFP-3 form, it is unlikely there was never a warrant.
Note: In most instances, benefits may be restored only from the date the warrant was cleared and not retroactively back to the date they were originally stopped or reduced, as explained in M21-1, Part X, 16.2.g.
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X.16.3.c.Verifying an Individual Is No Longer a Fugitive |
Use the table below to verify an individual is no longer a fugitive.
Note: If a fugitive presents himself/herself to law enforcement authorities in a jurisdiction other than the one that issued the warrant, it is the fugitive’s responsibility to get the warrant cleared in the event the warrant agency will not extradite, and the local agency does not arrest the fugitive on the warrant. The individual is considered to be in a fugitive status until the warrant is cleared by arrest or otherwise.
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X.16.3.e. How to Contact an OIG Fugitive Felon Coordinator |
To request assistance from the OIG Fugitive Felon Coordinator, send an e-mail to
In the body of the e-mail,
When Compensation Service or P&F Service provides the name of the OIG Fugitive Felon Coordinator, contact him/her (by e-mail) with a concise summary of the known facts and the issue to be resolved.
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X.16.3.g. Determining Whether an Incarcerated Beneficiary or Beneficiary’s Dependent Is Still Considered a Fugitive |
Do not assume a warrant is cleared when a beneficiary or the dependent of a beneficiary is incarcerated unless he/she is incarcerated by the agency that issued the warrant.
Example: The evidence shows a beneficiary was incarcerated by the Michigan Department of Corrections, and the warrant was issued by the Michigan Department of Corrections.
A fugitive felon is often incarcerated for reasons unrelated to the warrant that was the subject of the fugitive felon referral. In this situation, the warrant agency may file notice of the warrant at the prison facility. This is referred to as “lodging” the warrant.
If there is documented evidence that a warrant was lodged at a prison facility, consider the warrant cleared and the beneficiary or dependent removed from fugitive status as of the date the warrant agency lodged the warrant at the prison facility.
Note: Although VA considers that a warrant is cleared when it is lodged at the prison, the warrant is technically still valid until the warrant agency picks up the former fugitive from the prison and returns him/her to the jurisdiction that issued the warrant.
Reference: For more information on award adjustments necessitated by
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X.16.3.j. Sealed Records |
In some instances, a jurisdiction may seal the record of a criminal case. Sealing the record does not necessarily affect the determination as to whether an award adjustment is required. The issue is whether there was a valid felony warrant for some period of time on or after December 27, 2001.
Notes:
Reference: For instructions about contacting an OIG Fugitive Felon Coordinator, see M21-1, Part X, 16.3.e.
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4. Fugitive Felons – Additional Information
Introduction |
This topic contains additional information on fugitive felon cases, including
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Change Date |
July 3, 2018
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X.16.4.a. PMC Jurisdiction Over Fugitive Felon Cases |
PMCs are responsible for processing Form FFP-3 if the beneficiary whose award is subject to adjustment is
Use the table below to determine which PMC is responsible for processing Form FFP-3.
Reference: For more information on the jurisdiction of individual PMCs, see M21-1, Part V, Subpart iv, 1.2.b.
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X.16.4.b. Fugitive Felon Coordinators |
Each VSC and PMC is required to designate a Fugitive Felon Coordinator. Fugitive Felon Coordinators serve as
Notes:
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X.16.4.c. Handling Hearing Requests From Fugitive Felons |
If a fugitive felon requests a hearing
Compensation Service or P&F Service sends the information contained in the e-mail to OIG to coordinate with the appropriate law enforcement agency.
Notes:
References: For more information about
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X.16.4.d. Reporting Requirements and Completion of Form FFP-4 |
No recurring report is required on fugitive felon cases. However, VSCs and PMCs must respond to requests from CO for information about specific fugitive felon cases.
If Form FFP-4, VA Feedback Form, was attached to Form FFP-3,
Note: Form FFP-3 must remain in the claims folder, if a traditional claims folder exists. (If no claims folder exists, a copy of the form should already exist in the beneficiary’s eFolder.)
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X.16.4.e. Where to Send Questions |
Use the table below to determine where to send questions on fugitive felon issues.
Reference: For more information on when to address questions directly to the regional OIG Fugitive Felon Coordinator, see M21-1, Part X, 16.3.d.
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