#### Veterans Benefits Administration M21-1MR, Part IX 

**Department of Veterans Affairs April 19, 2005**

**Washington, DC 20420**

####  

#### Transmittal Sheet 

+------------+---------------------------------------------------------+
| #####      | > Veterans Benefits Manual M21-1MR, Part IX, Subpart i, |
|  M21-1MR,  | > "Ancillary Benefits," is changed as follows:          |
|            |                                                         |
| ###        | The following pages are updated in this change:         |
| ## Part IX |                                                         |
|            | -   **1-A-14 and 1-B-8**                                |
| #####      |                                                         |
|            | -   **2-i through 2-4 and 2-7**                         |
|            |                                                         |
|            | -   **3-2 through 3-4, 3-8, 3-10 and 3-12 through       |
|            |     3-15**                                              |
|            |                                                         |
|            | -   **4-5 and 4-6**                                     |
|            |                                                         |
|            | -   **5-A-11**                                          |
|            |                                                         |
|            | -   **6-B-11, 6-B-17, 6-C-18, 6-C-26 and 6-C-38, and**  |
|            |                                                         |
|            | -   **7-14.**                                           |
|            |                                                         |
|            | > Veterans Benefits Manual M21-1MR, Part IX, Subpart    |
|            | > ii, "Special Benefits," is changed as follows:        |
|            | >                                                       |
|            | > The following pages are updated in this change:       |
|            |                                                         |
|            | -   **1-B-4 and 1-D-15, and**                           |
|            |                                                         |
|            | -   **2-9, 2-14, and 2-34.**                            |
|            |                                                         |
|            |     ***Notes***:                                        |
|            |                                                         |
|            | -   M21-1MR changes are released at the chapter or      |
|            |     section level. Change numbers will no longer be     |
|            |     assigned to M21-1MR changes. The date of the change |
|            |     will continue to show in the "Change Date" block    |
|            |     located on the first page of each topic.            |
|            |                                                         |
|            | -   "TBD" (to be determined) after a reference          |
|            |     indicates that the referenced material is located   |
|            |     in a part of M21-1MR that has not yet been          |
|            |     published.                                          |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### Chan | > Formatting changes are made throughout Part IX to     |
| ges Includ | > conform to M21-1MR publication standards. In          |
| ed in Thes | > addition, references to rescinded paragraphs in M21-1 |
| e Chapters | > and "TBD" after published M21-1MR chapters are        |
|            | > removed. "TBD" is added to references to M21-1MR      |
|            | > chapters that have not yet been published.            |
+------------+---------------------------------------------------------+

Continued on next page

#### Veterans Benefits Administration M21-1MR, Part IX 

**Department of Veterans Affairs April 19, 2005**

Washington, DC 20420

Transmittal Sheet, Continued

+------------+---------------------------------------------------------+
| Changes    | > IX.i.2.1.a is revised to show that eligibility for    |
| Included   | > financial assistance in purchasing an automobile (or  |
| in These   | > other conveyance) may be based on disability under 38 |
| Chapters   | > U.S.C. 1151 (Public Law 108-454; December 10, 2004).  |
| (          | >                                                       |
| continued) | > IX.i.2.1.c is revised to show that eligibility for    |
|            | > financial assistance in obtaining adaptive equipment  |
|            | > may be based on disability under 38 U.S.C. 1151       |
|            | > (Public Law 108-454; December 10, 2004).              |
|            | >                                                       |
|            | > IX.i.2.1.e is revised to reflect that eligibility for |
|            | > the automobile or adaptive equipment allowance may be |
|            | > based on disability under 38 U.S.C. 1151 (Public Law  |
|            | > 108-454; December 10, 2004), but not under 38 U.S.C.  |
|            | > 1160 (paired organs and extremities).                 |
|            | >                                                       |
|            | > IX.i.2.1.g is added to explain when automobile or     |
|            | > adaptive equipment benefits must be reduced because   |
|            | > of a judgment or settlement of a tort claim against   |
|            | > the United States (Public Law 108-454; December 10,   |
|            | > 2004).                                                |
|            | >                                                       |
|            | > IX.i.2.3.a is updated to replace the term "memorandum |
|            | > rating" with "rating determination of eligibility."   |
|            | >                                                       |
|            | > IX.i.3.1.a is revised to show that                    |
|            |                                                         |
|            | -   servicepersons may be eligible for specially        |
|            |     adapted housing (SAH) benefits                      |
|            |                                                         |
|            | > (Veterans Benefits Act of 2003; December 16, 2003)    |
|            |                                                         |
|            | -   eligibility may be based on disability under 38     |
|            |     U.S.C. 1151 that results from participation in a    |
|            |     compensated work therapy program (Public Law        |
|            |     106-419; November 1, 2000)                          |
|            |                                                         |
|            | -   eligibility may be based on the loss, or loss of    |
|            |     use of, both upper extremities at or above the      |
|            |     elbow (Public Law 108-454; December 10, 2004), and  |
|            |                                                         |
|            | -   servicepersons are not eligible for SAH benefits    |
|            |     based on the loss, or loss of use of, both upper    |
|            |     extremities at or above the elbow. (***Note***:     |
|            |     This provision was inadvertently omitted from       |
|            |     Public Law 108-454. A revision to the public law is |
|            |     anticipated.)                                       |
|            |                                                         |
|            | > In IX.i.3.1.b and 3.1.c, the word "veteran" is        |
|            | > replaced by "claimant," to reflect the eligibility of |
|            | > both veterans and servicepersons.                     |
|            | >                                                       |
|            | > IX.i.3.1.d is added to explain when SAH or special    |
|            | > housing adaptation (SHA) benefits must be reduced     |
|            | > because of a judgment or settlement of a tort claim   |
|            | > against the United States (Public Law 108-454;        |
|            | > December 10, 2004).                                   |
+------------+---------------------------------------------------------+

Continued on next page

#### Veterans Benefits Administration M21-1MR, Part IX 

**Department of Veterans Affairs April 19, 2005**

Washington, DC 20420

Transmittal Sheet, Continued

+------------+---------------------------------------------------------+
| Changes    | > IX.i.3.3.b and 3.3.d are revised to reflect that a    |
| Included   | > serviceperson may file a claim for SAH or SHA         |
| in These   | > benefits.                                             |
| Chapters   | >                                                       |
| (          | > In IX.i.3.4.a, 3.4.b, 3.4.c, 3.4d, and 3.5.a, the     |
| continued) | > word "veteran" is replaced by "claimant."             |
|            | >                                                       |
|            | > The note in IX.i.3.5.b is revised to state that the   |
|            | > SAH agent in Loan Guaranty at either the Regional     |
|            | > Loan Center or an out-based location must be notified |
|            | > of all significant developments in the appeals        |
|            | > process.                                              |
|            | >                                                       |
|            | > IX.i.6.B.15.a is revised to correct the wording of    |
|            | > the sample memorandum in the exhibit.                 |
|            | >                                                       |
|            | > In IX.ii.2.2.b and 2.3.a, the website address for the |
|            | > *RBA 2000 User's Guide* is updated.                   |
|            | >                                                       |
|            | > In IX.ii.1.B.5.a, a reference to an obsolete form, VA |
|            | > Form 21-4183, *Application for Dependency and         |
|            | > Indemnity Compensation by Child,* has been deleted.   |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### R    | > None                                                  |
| escissions |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| #####      | > By Direction of the Under Secretary for Benefits      |
|  Authority |                                                         |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| #####      | Renée L. Szybala, Director                              |
|  Signature |                                                         |
|            | > Compensation and Pension Service                      |
+------------+---------------------------------------------------------+

+------------+---------------------------------------------------------+
| ##### Di   | > RPC: 2068                                             |
| stribution | >                                                       |
|            | > FD: EX: ASO and AR (included in RPC 2068)             |
|            | >                                                       |
|            | > LOCAL REPRODUCTION AUTHORIZED                         |
+------------+---------------------------------------------------------+