# Veterans Benefits Administration M21-1, Part IV

# Department of Veterans Affairs Change 211

**Washington, DC 20420 October 26, 2004**

Veterans Benefits Manual M21-1, Part IV, "Authorization Procedures," is
changed as follows:

**Page 34-II-3 through 34-II-4**: Remove these pages and substitute
pages 34-II-3 through 34-11-4, attached.

**Pages 34-C-1 through 34-C-2**: Remove these pages and substitute pages
34-C-1 through 34-C-2, attached.

Paragraph 34.19a is revised to remove the word "Effective" and insert
the word "Enactment." This is an editorial correction to clarify the
establishment of Public Law 108-183.

Paragraphs 34.19b (1) and 34.19b (3) are revised to show January 1,
2004, as the effective date of awards of compensation and Dependency and
Indemnity Compensation benefits at the full-dollar rate.

Chart A. Under the heading "Death Benefits" the columns pertaining to
survivor benefits have been revised to remove the word "Compensation"
and insert the word "Death." These are miscellaneous editorial
corrections.

> By Direction of the Under Secretary for Benefits
>
> Renée L. Szybala, Director
>
> Compensation and Pension Service

Distribution: RPC: 2068

FD: EX: ASO and AR (included in RPC 2068)

## October 26, 2004 M21-1, Part IV

**Change 211**

**METHOD 2**

\$537 (Rate of combined evaluation)

[x80% ]{.underline} (Ratio 40-percent full rate evaluation to 50-percent
combined evaluation)

429.60 (Amount payable at full rate)

\$537.00 (Rate of combined evaluation)

[-429.60]{.underline} (Amount payable at full rate)

\$107.40 (Amount for computing half-rate payment)

Method 2 would be used in this case because the full rate payable amount
(\$429.60) is greater than in method 1.

**EXAMPLE 2:** A veteran has a 10-percent disability incurred during
service in the Armed Forces of the United States and a 10-percent
disability incurred during wartime service in the Commonwealth Army of
the Philippines, combining to the rate of 20 percent at the rate of
\$144 (effective 12/1/91).

**METHOD 1**

\$157 (Rate of combined evaluation)

[-83]{.underline} (Rate of 10-percent evaluation payable at the full
rate)

\$74 (Amount for computing half-rate payment)

**METHOD 2**

\$157 (Rate of combined evaluation)

[x50%  ]{.underline} (Ratio 10-percent full rate evaluation to
20-percent combined evaluation)

\$78.50 (Amount payable at full rate)

\$157 (Rate of combined evaluation)

[-78.50]{.underline} (Amount payable at full rate)

\$78.50 (Amount for computing half-rate payment)

Method 1 would be used in this case because the amount payable at the
full rate (\$83) is greater than in method 2.

34.19 PAYMENT OF COMPENSATION BENEFITS AT THE FULL-RATE TO CERTAIN
UNITED STATES RESIDENTS

a\. **General Eligibility.** Effective October 27, 2000, Public Law
106-377 authorized payment of disability compensation benefits at the
full-dollar rate to veterans who served before July 1, 1946, in the
Commonwealth Army of the Philippines or in organized guerrilla groups,
and who, (a) reside in the U.S. (states, territories and possessions,
the District of Columbia and the Commonwealth of Puerto Rico), and (b)
are either U.S. citizens or permanent resident aliens (as determined by
the Bureau of Citizenship and Immigration Service (BCIS)) (38 CFR 3.42).
The enactment of Public Law 108-183 on December 16, 2003, allows full
compensation to veterans who served in the Special Philippine Scouts if
they reside in the United States as United States citizens or as aliens
lawfully admitted for permanent residence. Public Law 108-183 also
allows payment of DIC at the full dollar rate to survivors of veterans
who served in the Commonwealth Army of the Philippines, Special
Philippine Scouts, or organized guerrilla groups, if the survivors
reside in the United States as United States citizens or as aliens
lawfully admitted for permanent residence.

**34-II-3**

**M21-1, Part IV October 26, 2004**

**Change 211**

b\. **Effective Dates for Initial Eligibility.**

\(1\) For veterans receiving compensation benefits who met the
eligibility requirements to the full-dollar rate in 38 CFR 3.42 on
October 27, 2000, the effective date of awards of compensation at the
full-dollar rate will be October 27, 2000. For those Special Philippine
Scouts who met the eligibility requirements for the full-dollar rate on
December 16, 2003, the effective date of awards, the payment date of
compensation at the full-dollar rate will be January 1, 2004. Veterans
do not have to specifically request to be paid at the full-dollar rate.
VA will automatically increase compensation payments if eligibility
requirements are met.

\(2\) For all other veterans, initial awards of compensation at the
full-dollar rate under 38 CFR3.42 will be effective on the latest of the
following dates:

\(a\) Date entitlement arose;

\(b\) Date on which the veteran first met the eligibility and
citizenship/permanent resident alien status requirements in 38 CFR 3.42,
if VA receives evidence of this within one year of that date;

\(c\) Effective date of the rating establishing service connection,
provided VA receives evidence that the veteran meets the requirements in
38 CFR 3.42 within one year of the notification of the rating action;

\(d\) Date the veteran returned to the U.S. after absence of more than
60 consecutive days;

\(e\) First day of the year following the year in which the veteran was
absent from the U.S. for a total of 183 days or more, or the first day
after that date that the veteran returns to the U.S. (38 CFR 3.405)

\(3\) For survivors receiving service-connected death benefits who met
the eligibility requirements for the full-dollar rate on December 16,
2003, the effective date of awards, the payment date of
service-connected death benefits at the full-dollar rate will be January
1, 2004. Survivors do not have to specifically request to be paid at the
full-dollar rate. VA will automatically increase payments if eligibility
requirements are met.

c\. **Jurisdiction.** The Manila regional office has jurisdiction over
payment of disability compensation benefits and service-connected death
benefits at the full-dollar rate under Public Law 106-377 and Public Law
108-183.

d\. **Proof of U.S. Residence.**

\(1\) Obtain satisfactory evidence (such as a driver\'s license, a
current lease or purchase agreement or utility bill) that the veteran or
survivor resides at a valid street address in the U.S., and receives
mail at that address. If the current address of record is a valid street
address, the veteran is receiving mail at that address, and there is no
evidence that the veteran or survivor has moved, that will be sufficient
proof of U.S. residence.

\(2\) Benefits will not be paid at the full rate if the mailing address
is or was a Post Office box, unless evidence from the U.S. Postal
Service (USPS) shows it does not deliver mail to the veteran's or
survivor's street address.

e\. **Proof of U.S. Citizenship or Permanent Resident Alien Status**

\(1\) A valid original or copy of one of the following documents is
required to prove that the veteran is a natural born citizen of the
U.S.:

\(a\) A valid U.S. passport;\
**34-II-4**

## October 26, 2004 M21-1, Part IV

##  Change 211

**CHART A. VA BENEFITS IN THE PHILIPPINES**

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

> **Disability Benefits Death Benefits**

+---------+------+------+------+------+------+------+-----+------+
|         |      |      |      |      |      |      |     |      |
+---------+------+------+------+------+------+------+-----+------+
| Type of | Comp | Pen  | Clot | DIC  | D    | Bu   | Bur | In   |
| Service | ensa | sion | hing |      | eath | rial | ial | come |
|         | tion |      | A    |      | Pen  | A    | F   | L    |
|         |      |      | llow |      | sion | llow | lag | imit |
|         |      |      | ance |      |      | ance |     | and  |
|         |      |      |      |      |      |      |     | De   |
|         |      |      |      |      |      |      |     | pend |
|         |      |      |      |      |      |      |     | ency |
|         |      |      |      |      |      |      |     | D    |
|         |      |      |      |      |      |      |     | eter |
|         |      |      |      |      |      |      |     | mina |
|         |      |      |      |      |      |      |     | tion |
+---------+------+------+------+------+------+------+-----+------+
| Armed   | Yes  | Yes  | Yes  | Yes  | Yes  | Yes  | Yes | Full |
| Forces  | ---  | ---  | ---  | ---  | ---  | ---  |     | Rate |
| of the  | Full | Full | Full | Full | Full | Full |     |      |
| U.S.    | Rate | Rate | Rate | Rate | Rate | Rate |     |      |
+---------+------+------+------+------+------+------+-----+------+
| Regular | Yes  | Yes  | Yes  | Yes  | Yes  | Yes  | Yes | Inc  |
| Phi     | ---  | ---  | ---  | ---  | ---  | ---  |     | ome: |
| lippine | Full | Full | Full | Full | Full | Full |     |      |
| S       | Rate | Rate | Rate | Rate | Rate | Rate |     | Full |
| couts-E |      |      |      |      |      |      |     | Rate |
| nlisted |      |      |      |      |      |      |     |      |
| prior   |      |      |      |      |      |      |     | Dep  |
| to      |      |      |      |      |      |      |     | ende |
| 10/6/45 |      |      |      |      |      |      |     | ncy: |
| and     |      |      |      |      |      |      |     | Half |
| Insular |      |      |      |      |      |      |     | Rate |
| Force   |      |      |      |      |      |      |     |      |
| of the  |      |      |      |      |      |      |     |      |
| U.S.    |      |      |      |      |      |      |     |      |
| Navy    |      |      |      |      |      |      |     |      |
+---------+------+------+------+------+------+------+-----+------+
| Special | Yes  | No   | Yes  | Yes  | No   | Yes  | No  | Half |
| Phi     | (s   |      | ---  | (s   |      | (s   |     | Rate |
| lippine | ince |      | Full | ince |      | ince |     |      |
| S       | 5/27 |      | Rate | 5/27 |      | 1    |     |      |
| couts-E | /46) |      |      | /46) |      | 2-16 |     |      |
| nlisted | ---  |      |      | ---  |      | -03) |     |      |
| between | Paym |      |      | Paym |      | --   |     |      |
| 10/6/45 | ents |      |      | ents |      | -Pay |     |      |
| and     | at   |      |      | at   |      | ment |     |      |
| 6       | Half |      |      | Half |      | at   |     |      |
| /30/47, | R    |      |      | R    |      | Full |     |      |
| PL 190, | ate; |      |      | ate; |      | Rate |     |      |
| 79^th^  | Full |      |      | Full |      |      |     |      |
| C       | Rate |      |      | Rate |      |      |     |      |
| ongress | from |      |      | from |      |      |     |      |
|         | 12-1 |      |      | 12-1 |      |      |     |      |
|         | 6-03 |      |      | 6-03 |      |      |     |      |
|         | for  |      |      | for  |      |      |     |      |
|         | U.S. |      |      | U.S. |      |      |     |      |
|         | r    |      |      | r    |      |      |     |      |
|         | esid |      |      | esid |      |      |     |      |
|         | ents |      |      | ents |      |      |     |      |
+---------+------+------+------+------+------+------+-----+------+
| Commo   | Yes  | No   | Yes  | Yes  | No   | Yes  | Yes | Half |
| nwealth | (s   |      | ---  | (s   |      | (s   | (si | Rate |
| Army of | ince |      | Half | ince |      | ince | nce |      |
| the     | 2/18 |      | Rate | 2/18 |      | 4/25 | 4/  |      |
| Phil    | /46) |      |      | /46) |      | /51) | 25/ |      |
| ippines | ---  |      |      | ---  |      | ---  | 51) |      |
| while   | Paym |      |      | Paym |      | Paym |     |      |
| such    | ents |      |      | ents |      | ents |     |      |
| forces  | at   |      |      | at   |      | at   |     |      |
| were in | Half |      |      | Half |      | Half |     |      |
| the     | R    |      |      | R    |      | R    |     |      |
| Armed   | ate; |      |      | ate; |      | ate; |     |      |
| Forces  | Full |      |      | Full |      | Full |     |      |
| of the  | Rate |      |      | Rate |      | Rate |     |      |
| U.S.    | from |      |      | from |      | from |     |      |
|         | 10/2 |      |      | 12-1 |      | 11/  |     |      |
| (7/     | 7/00 |      |      | 6-03 |      | 1/00 |     |      |
| 26/41-6 | for  |      |      | for  |      | for  |     |      |
| /30/46) | U.S. |      |      | U.S. |      | U.S. |     |      |
|         | r    |      |      | r    |      | r    |     |      |
|         | esid |      |      | esid |      | esid |     |      |
|         | ents |      |      | ents |      | ents |     |      |
+---------+------+------+------+------+------+------+-----+------+
| Gu      | Yes  | No   | Yes  | Yes  | No   | Yes  | Yes | Half |
| errilla | (s   |      | ---  | (s   |      | (s   | (si | Rate |
| Service | ince |      | Half | ince |      | ince | nce |      |
| prior   | 2/18 |      | Rate | 2/18 |      | 4/25 | 4/  |      |
| to      | /46) |      |      | /46) |      | /51) | 25/ |      |
| 7/1/46  | ---  |      |      | ---  |      | ---  | 51) |      |
| (Recons | Paym |      |      | Paym |      | Paym |     |      |
| tructed | ents |      |      | ents |      | ents |     |      |
| Roster  | at   |      |      | at   |      | at   |     |      |
| closed  | Half |      |      | Half |      | Half |     |      |
| 6       | R    |      |      | R    |      | R    |     |      |
| /30/48) | ate; |      |      | ate; |      | ate; |     |      |
|         | Full |      |      | Full |      | Full |     |      |
|         | Rate |      |      | Rate |      | Rate |     |      |
|         | from |      |      | from |      | from |     |      |
|         | 10/2 |      |      | 12-1 |      | 11/  |     |      |
|         | 7/00 |      |      | 6-03 |      | 1/00 |     |      |
|         | for  |      |      | for  |      | for  |     |      |
|         | U.S. |      |      | U.S. |      | U.S. |     |      |
|         | r    |      |      | r    |      | r    |     |      |
|         | esid |      |      | esid |      | esid |     |      |
|         | ents |      |      | ents |      | ents |     |      |
+---------+------+------+------+------+------+------+-----+------+

**34-C-1**

**M21-1, Part IV October 26, 2004**

**Change 211**

## SAMPLE

**RESIDENCY VERIFICATION REPORT (RVR)---VETERANS AND SURVIVORS**

Date

Name

Address

**What Is The Purpose Of This Letter?**

We are sending you this letter to determine whether we can continue to
pay your VA compensation or dependency and indemnity (DIC) benefits at
the full-dollar rate.

To receive benefits at the full-dollar rate, you must

-   be present in the U.S. for at least 183 days of each year, **and**

-   not be absent from the U.S. for more than 60 days at a time, **and**

-   be a U.S. citizen or permanent resident alien, **and**

-   let us know if you change your address.

**What Must I Do Now?**

Answer questions 1 through 6 below to verify that you continue to be
eligible for VA benefits at the full-dollar rate.

**What Will Happen If I Don\'t Answer These Questions?**

If we do not receive a response from you within 60 days from the date of
this letter, your benefits will be reduced to the half-dollar rate.

**Do You Have Questions or Need Assistance?**

If you have any questions or need assistance, call 1-800-827-1000
(Hearing Impaired TDD line 1-800-829-4833).

Sincerely yours,

1\. Did you leave the United States (states, territories, and
possessions, the District of Columbia and Puerto Rico) at any time
during calendar year \_\_\_\_\_?

***Note:** Do not include any trip, such as a trip to Mexico or Canada,
in which you left from and returned to the U.S. on the same day.*

![](media/image1.emf){width="0.15555555555555556in"
height="0.15555555555555556in"} Yes If "Yes," attach a separate sheet of
paper listing each period of absence separately, showing the

date you left the United States and the date you returned, **and**

send us a copy of your passport visas or reentry permits with entrance
and exit date stamps.

![](media/image1.emf){width="0.15555555555555556in"
height="0.15555555555555556in"} No

**34-C-2**