**Veterans Benefits Administration M21-1, Part III**

**Department of Veterans Affairs Change 117**

**Washington, DC 20420 April 23, 2004**

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

**Pages 1-11 and 1-12**: Remove these pages and substitute pages 1-11
and 1-12, attached.

Paragraph 1.12c (1) is revised to show that procedures for requesting
authentication of foreign documents now apply to the Pittsburgh Regional
Office rather than the Washington Regional Office.

Paragraph 1.12c(2) is revised to replace the term "Demand Management
Staff" with "Veterans Services Staff."

Paragraph 1.13b is revised to show that referrals for translation of
foreign documents should now be sent to the Pittsburgh Regional Office
rather than the Washington Regional Office (WRO).

> By Direction of the Under Secretary for Benefits
>
> Ronald J. Henke, Director
>
> Compensation and Pension Service

Distribution: RPC: 2068

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

LOCAL REPRODUCTION AUTHORIZED

**April 23, 2004 M21-1, Part III**

**Change 117**

\(2\) By appropriate correspondence with the Office of Special Consular
Services, Department of State, request assistance in the procurement of
any evidence as to whether or not the claimant has ever been guilty of
the offenses in 38 U.S.C. 6104, whether or not he or she was a member of
the Fascist or Nazi Parties and, if such membership was discontinued,
the date of termination. If VA Form 21-508 (372) is of record, attach a
copy to the request. If it is not of record, do not request one for the
purpose of obtaining a loyalty clearance. This form will only be
required as a claim for benefits withheld under 38 U.S.C. 5308 and 21
U.S.C. 123-128.

c\. **Investigation.** When the records show the Department of State has
already initiated an investigation under 38 U.S.C. 6104, do not make a
specific request for such investigation, but establish a local control
for receipt of the report.

d\. **Philippine Cases.** The claimant will be required to complete VA
Form 21-4169, "Supplement to VA Forms 21-526, 21-534 and 21-535." Use
information furnished by the Department of the Army based on Counter
Intelligence Corps and other records as a basis for loyalty clearance.
See part I, chapter 35 (pt. IV, ch. 34). A report from those sources
that no derogatory information is available relative to guilt of the
claimant or the veteran will sustain a presumption of innocence for
adjudicative purposes or until evidence is received indicating guilt of
one of the offenses enumerated in 38 U.S.C. 6104.

**1.12 AUTHENTICATION OF FOREIGN DOCUMENTS (38 CFR 3.202)**

a\. **General.** Except as provided in subparagraph b below, if an
affidavit or document is executed by or before an official in a foreign
country, the signature of that official must be authenticated by a
United States Consular Officer in that jurisdiction or by the Department
of State.

b\. **Authentication Not Required.** Authentication is not required in
the following instances:

\(1\) On documents submitted and approved by the Deputy Minister of
Veterans Affairs, Department of Veterans Affairs, Ottawa, Canada.

\(2\) If it is indicated that the attesting officer is authorized to
administer oaths for general purposes and the document bears that
officer\'s signature and seal.

\(3\) If the document is executed before a VA employee located in a
foreign country who is authorized to administer oaths.

\(4\) If a copy of a public or church record from any foreign country
purports to establish birth, marriage, divorce or death, provided it
bears the signature and seal of the custodian of such record and there
is no reason to doubt the correctness of information shown on the
record.

c\. **Requesting Authentication of Foreign Documents**

\(1\) **Pittsburgh, Houston, and White River Junction Regional
Offices.** Forward the request for authentication of foreign documents
directly to the involved embassy or consulate or to the Department of
Veterans Affairs, Canada. Inquiries concerning addresses of foreign
embassies or consulates and services performed by foreign consulates or
embassies can be sent via e-mail to VAVBAWAS/CO/OUTREACH.

> \(2\) **All Other Stations.** Prepare a request for authentication of
> a foreign document for the signature

of the Veterans Service Center Manager (VSCM) and route it to the
Veterans Services Staff (216), Compensation and Pension Service, VA
Central Office. Central Office will forward the request for
authentication to the appropriate foreign service post. Inquiries
concerning services performed by foreign consulates or embassies can be
sent via e-mail to VAVBAWAS/CO/OUTREACH. **1-11**

**M21-1, Part III April 23, 2004**

# Change 117

\(3\) **Central Office Unable to Authenticate Documents.** If Central
Office is unable to authenticate a foreign document, return the document
to the claimant and advise him or her that no further action can be
taken on the claim until acceptable evidence is submitted.

**1.13 TRANSLATION OF FOREIGN CORRESPONDENCE AND DOCUMENTS**

a\. Refer foreign language correspondence and documents for translation
to such employees in the local office as may be deemed qualified by the
Director. If the translator has sufficient adjudicative background to
determine what information in a document has probative value, only the
pertinent portions need be translated and certified.

b\. If translation is not obtainable from local sources, refer the
document to the Pittsburgh Regional Office. Send the request by letter
or VA Form 70-2801, "Request for Translation into English," to the
Director, Pittsburgh Regional Office (311), 1000 Liberty Avenue,
Pittsburgh, PA 15222.

**1.14 REQUESTS FOR EVIDENCE FROM COUNTRIES ON THE TREASURY DEPARTMENT
LIST**

**(38 CFR 3.653)**

a\. The Treasury Department maintains a list of countries to which
Treasury checks may not be sent because there is no reasonable assurance
the payee will actually receive and be able to negotiate a check for
full value. See 31 CFR 211.1 for the current Treasury Department list.
Also see paragraph 11.13.

b\. The prohibition against delivery of checks to the countries on the
Treasury Department list does not preclude the development and
adjudication of claims filed by persons residing in listed countries.
However, before an award can be authorized to a person residing in a
listed country, the claimant must furnish a mailing address in an
*unlisted* country. The claimant may also request that checks be sent
via direct deposit or that they be delivered to the claimant in care of
a foreign service post in a country which is not on the Treasury
Department list.

**1-12**