**CONTENTS**

**CHAPTER 3. PROCESSING APPLICATIONS FOR BENEFITS**

**PARAGRAPH PAGE**

3.01 \[General\] . 3-1

**SUBCHAPTER I. \[CLAIMS (BASIC CONCEPTS)\]**

3.02 \[Overview\]. 3-1

\[3.02A Claims (Definitions). 3-1

3.02B Claims (Formal Claim Requirement). 3-2

3.02C Claims (VA Responsibilities). 3-3

3.02D Claims (Time Limits). 3-3

3.02E Claims (Good Cause Extensions). 3-4\]

**SUBCHAPTER \[II\]. GENERAL PROCEDURES**

3.03 Application Forms 3-\[6\]

3.04 Claims Processing Cycle 3-\[7\]

\[3.04A Initial Actions in Claim Processing 3-\[8\]

3.05 Specific Issues in Original Application Processing 3-\[9\]

3.06 Verification of Service - Servicepersons. 3-\[10\]

3.07 Verification of Service - Veterans. 3-\[11\]

3.08 Statutory Bars to Benefits 3-\[11\]

3.09 Character of Discharge 3-\[11\]

3.10 Conditional Discharges 3-\[12\]

**SUBCHAPTER \[III\]. MISCELLANEOUS SERVICE ISSUES**

3.11 General. 3-\[13\]

3.12 Full-Time Duty in the Reserve or National Guard. 3-\[13\]

3.13 Service Academy Preparatory Schools 3-\[13\]

3.14 Deductible Time 3-\[14\]

**SUBCHAPTER \[IV\]. INTERPRETING BIRLS DATA**

**PARAGRAPH PAGE**

3.15 Purpose. 3-\[15\]

3.16 Source of BIRLS Data 3-\[15\]

3.17 Character of Service Codes. 3-\[15\]

3.18 Separation Reason Codes. 3-\[16\]

**\[SUBCHAPTER V.\] TRAINING UNDER PRIOR BENEFIT PROGRAMS**

3.19 General. 3-\[16\]

3.20 Identifying Prior Training Information. 3-\[16\]

3.21 Obtaining Prior Training Information When Not Readily Available.
3-\[18\]

3.22 Computations for Training Under Prior VA Education Benefit
Programs. 3-\[18\]

**\[APPENDIX A. RULES OF EVIDENCE**

3A.01 General . 3-A-2

3A.02 Reasonable Doubt Rule . 3-A-2

3A.03 Claim Not Well Grounded . 3-A-3

3A.04 Evidence Requested From Claimant . 3-A-3

3A.05 Evidence Requested From Other Sources . 3-A-5

3A.06 Primary And Secondary Evidence . 3-A-5

3A.07 Photocopies . 3-A-6

3A.08 New and Material Evidence . 3-A-6

3A.09 Reserved For Future Use . 3-A-7

3A.10 Affidavits or Certifications in Support of Claim . 3-A-7

3A.11 Reserved For Future Use . 3-A-7

3A.12 Reserved For Future Use . 3-A-7

3A.13 Translation of Foreign Documents . 3-A-7

3A.14 Requests for Evidence From Countries on the Treasury Department
List . 3-A-7\]

**CHAPTER 3. PROCESSING APPLICATIONS FOR BENEFITS**

**3.01 \[GENERAL\]**

**a. \[General.\]** This chapter describes the application forms
claimants must use to apply for the education benefits covered in this
manual. It also provides procedures and reference material for certain
issues that arise in application processing. To review procedures that
are unique to a specific benefit, see chapter 3 of parts V, VI, VII, and
VIII and chapters 11 and 12 of this part.

**\[b. M21-1 Procedures.** This chapter also includes initial actions
for claims processing in paragraph 3.04A. Appendix A includes general
rules of evidence.\]

**SUBCHAPTER I. \[CLAIMS (BASIC CONCEPTS)\]**

**3.02 \[OVERVIEW\]**

Adjudication must observe certain basic rules that apply to claims and
informal claims and the time limits for receipt of evidence. These rules
are the same for all education benefits. \[ \] An individual must file a
claim for educational assistance with VA. The claim must be in the form
prescribed by the Secretary. (See par. 3.03 below for a listing of
prescribed forms.). \[ \]

**\[3.02A CLAIMS (DEFINITIONS)**

Adjudication will use these definitions (paraphrased from 38 CFR
21.1029) when processing education claims. The regulations for the
individual benefits are changed to refer to a common regulation (38 CFR
21.1029), which contains the principles for these benefits.\]

**a. Abandoned Claim.** A claim is abandoned if:

\(1\) VA requests that the claimant furnish additional evidence in
connection with a formal claim and the claimant

\(a\) Does not furnish that evidence within one year of the date of the
request; and

\(b\) Does not show good cause why the evidence could not have been
submitted within one year of the date of the request;

**OR**

\(2\) VA requests that the claimant file a formal claim after receiving
an informal claim and

\(a\) VA does not receive the formal claim within one year of the date
of request; and

\(b\) The claimant does not show good cause why he or she could not have
filed the formal claim in sufficient time for VA to have received it
within one year of the date of the request.

**b. Date of Claim.** The date of claim is the date on which a valid
claim or application for educational assistance is filed with VA.

\(1\) The date of claim is the date that VA received an informal claim
if an informal claim had been filed and VA receives a formal claim
within one year of the date that VA requested it (or within such other
time limit set by

38 CFR 21.1032).

\(2\) If a claim is abandoned, the date of claim is the date that a new
formal claim is received or the date of an informal claim that meets the
requirements of subparagraph (1) above.

**c. Formal Claim.** A claim is a formal claim when the claimant (or his
or her authorized representative) files the claim with VA, and\--

\(1\) The claim is a claim for\--

\(a\) Educational assistance;

\(b\) An increase in educational assistance; or

\(c\) An extension of the eligibility period for receiving educational
assistance; and

\(2\) If there is a form (either paper or electronic) prescribed , the
claim is filed on that form.

**d. Informal Claim.** In general, VA will consider any communication
from an individual, an authorized representative, or a Member of
Congress to be an informal claim if it indicates an intent to apply for
educational assistance. Upon receipt of an informal claim, if a formal
claim has not been filed, VA will provide an application form to the
claimant. If VA receives the application form in a timely manner, VA
will consider the claim to have been filed on the date VA received the
informal claim.

\(1\) When VA requests evidence in connection with a claim, and the
claimant submits that evidence to VA after having abandoned the claim,
the claimant's submission of the evidence is an informal claim.

\(2\) The act of enrolling in an approved school is not an informal
claim.

\(3\) VA will not consider a communication received from a service
organization, an attorney, or an agent to be an informal claim if a
valid power of attorney, executed by the claimant, is not in effect at
the time the communication is written.

*NOTE 1: An application filed with a U. S. embassy or consulate, if
received earlier than in VA, will be considered as having been received
in VA as of the earlier date.*

*NOTE 2: If a claim is not filed on the prescribed form, it is an
informal claim. For example, a telephone call from a claimant or a
claimant\'s representative indicating an intent to apply for benefits is
acceptable as an informal claim for date of claim purposes, but the
issue will not be placed under pending-issue control. Send the proper
application form to the claimant, and tell the claimant the completed
form must be received in VA within one year to receive benefits from the
date the telephone call was received.*

*NOTE 3 Consider an unsigned application as an informal claim. Make a
copy for the file and return the application to the claimant, advising
him or her that the signed form must be returned within one year in
order to receive benefits from the date the informal claim was
originally received. Concurrently develop for any other necessary
evidence, but do not establish a pending issue control until a signed
application is received.*

**3.02B CLAIMS (FORMAL CLAIM REQUIRED)**

**a. General.** A claimant must file a formal claim to receive education
benefits for pursuit of an education program. (38 CFR 21.1030). The
formal claim must indicate the following:

\(1\) The proposed place of training;

\(2\) The school or training establishment;

\(3\) The objective of the education program; and

\(4\) Such other information as the Secretary may require.

**b. Additional Active Duty Requirement.** A claimant who is on active
duty must also show that he or she has consulted with his or her service
education officer before filing a formal claim for educational
assistance.

**3.02C CLAIMS (VA RESPONSIBILITIES)**

**a. General.** VA has certain responsibilities when an individual files
a claim for education benefits.

(38 CFR 21.1031).

**b. Furnishing Forms.** VA will send any necessary claim forms to an
individual when he or she files an informal claim for education
benefits. VA will also furnish appropriate instructions and, if
appropriate, a description of any supporting evidence required to
complete the informal claim.

**c. Requesting Additional Evidence.** If the formal claim is incomplete
or if VA requires additional evidence or information to make a
determination on the claim, VA will notify the claimant of the evidence
or information that VA needs to make such determination. This
notification will include the one year time limit provision in paragraph
3.02Db.

**3.02D CLAIMS (TIME LIMITS)**

The following time limits apply to both informal and formal claims for
all education benefits. (38 CFR 21.1032).

**a. Failure to Furnish Form, Information, or Notice of Time Limit.**
VA\'s failure to give a claimant or potential claimant any form or
information concerning the right to file a claim or to furnish notice of
the time limit for the filing of a claim will not extend the time
periods allowed for these actions.

**b. Notice of Time Limit for Filing Evidence.** If a claimant's claim
is incomplete, VA will notify the claimant of the evidence necessary to
complete the claim. Unless payment of educational assistance is
permitted by subparagraph e dealing with an extension for good cause, if
the evidence is not received within one year from the date of such
notification, VA will not pay educational assistance by reason of that
claim.

**c. Time Limit for Filing A Claim for Extended Delimiting Date Due to
Physical or Mental Disability (Chapters 30, 32 and 35).** See paragraph
4.03.

**d. Time Limit for Filing A Claim for Extension of Eligibility Due to
Suspension of Program (Chapter  35 Child).** VA must receive a claim for
an extended period of eligibility due to suspension of an eligible
child\'s program of education by the later of the following dates.

\(1\) One year from the date on which the child's original period of
eligibility ended; or

\(2\) One year from the date on which the condition that caused the
suspension of the program of education ceased to exist.

(See pt. VII, par. 1.04e for more on this issue.)

**e. Extension for Good Cause.** See paragraph 3.02E.

**f. Computation of Time Limit**

\(1\) In computing the time limit for any action required of a claimant
or beneficiary, including the filing of claims or evidence requested by
VA, exclude the first day of the specified period, and will include the
last day (38 CFR 21.1032(f)). This rule is applicable in cases in which
the time limit expires on a workday. When the time limit would expire on
a Saturday, Sunday, or holiday, include the next succeeding workday in
the computation.

\(2\) The first day of the specified period referred to in subparagraph
(1) will be the date of the letter of notification to the claimant or
beneficiary which establishes a time limit.

**3.02E CLAIMS (GOOD CAUSE EXTENSIONS)**

**a. Applicability to Education Programs.** The good cause provisions
apply to all education programs.

**b. Extension for Good Cause**

\(1\) VA may extend for good cause a time limit within which a claimant
or beneficiary is required to act to perfect a claim or challenge an
adverse VA decision. VA may grant such an extension only when the
following conditions are met:

\(a\) When a claimant or beneficiary requests an extension after
expiration of a time limit, he or she must take the required action
concurrently with or before the filing of that request; and

\(b\) The claimant or beneficiary must show good cause as to why he or
she could not take the required action during the original time period
and could not have taken the required action sooner.

\(2\) Claimants can appeal the denial of a time limit extension
independently from other issues.

**c. Notification of Good Cause Extension.** All development letters
must advise the claimant that the one-year time limit can be extended
for good cause. Include the following paragraph in [all development
letters]{.underline}:

Although you should respond to this letter within 30 days, you have one
year from the date of this letter to submit the requested information.
We may waive the one-year time limit if you can show good cause why you
could not meet it. If you do not submit the requested evidence within
the one-year time limit, benefits will be payable only from the date we
actually receive the evidence.

*NOTE: Similar wording is already generated for letters sent by the PCGL
(Personal Computer Generated Letter) system.*

**d. Examples of Good Cause.** Examples of good cause include, but are
not limited to extended illness, death in the immediate family, and
documented inability to obtain evidence from a third party. The claimant
must explain how the circumstances prevented him or her from acting
within the time limit. Exercise care that inability to act for an entire
year is demonstrated.

*[NOTE]{.underline}: Although VA\'s failure to notify the claimant of
the time limit does not extend the period allowed for submission of
evidence, that failure can be considered good cause for late submission
of the evidence if the claimant had no reasonable means of knowing that
a time limit existed.\]*

**e. Evidence Received Without Good Cause Extension Claim.** If the
claimant submits the evidence after the one year time limit but does not
specifically request an extension of the one year time limit for good
cause, apply the following procedures:

\(1\) If current action can be taken on the evidence, take that action.
For example, if dependency evidence had been requested and is now
received, and the veteran is currently in training and entitled to
additional dependency allowance, adjust the veteran\'s award to include
the dependents from the date that the evidence was received. If no
current action can be taken on the evidence, annotate the claimant\'s
folder to include that evidence in any future award actions. Notify the
claimant of the action taken. In either case, include similar
information to that in subparagraph (2) advising the claimant of his or
her option to request an extension for good cause.

\(2\) If no current action can be taken on the evidence, advise the
claimant with the following information:

The evidence that we requested on [(date)]{.underline} was not received
within one year. We can consider this evidence as being timely filed
only if you can show good cause for why you could not respond in a
timely manner. Basically, you should state why you could not send this
evidence within the one year time limitation set by law. You should
state specifically what happened and when it happened. Upon your request
for good cause extension and information concerning why you could not
send the evidence within the one‑year time limitation, we will consider
extending the time limit by which the evidence should have been
received. You should provide your request for an extension and your
explanation within the next 30 days. It must be received within one year
from the date of this letter to be considered for extension.

**f. Good Cause Extension Claims.** Accept a claim for a good cause
extension if the following elements are met:

\(1\) The requested evidence is received before or at the same time as
the request for extension.

\(2\) The original time limit has expired. If a claimant requests an
extension of time based on good cause before the original time limit has
expired, advise the claimant that the claim for extension will be
considered after the evidence is submitted.

*NOTE: The good cause explanation must always cover the entire period up
to the date the requested evidence is received.*

**g. Controls.** Control claims for good cause extensions under the
appropriate supplemental end product code for each program. When the
issue is resolved, take the pending end product using the PCLR (Pending
Issue Clear) command.\]

**h. Good Cause Statement and Evidence.** Accept a claimant\'s statement
as to the facts alleged concerning the good cause without additional
development unless there is contradictory evidence of record. A claimant
does not have to submit evidence substantiating the statement.

**i. Administrative Decision.** Prepare an administrative decision on
all claims for good cause extensions. The discussion section of the
decision must address whether good cause has been shown and whether the
length of the extension requested is reasonable.

**j. Extension Grants.** If the extension is granted, the end of the
time limit will be the date the evidence was received. The evidence will
be considered as if it had been received within the original time limit.

**k. Extension Denials.** If the extension is denied, advise the
claimant of the reason(s) for the denial and the evidence considered in
making the decision. A denial for extension is an issue that can be
appealed. Include appeal rights in all denial notifications.\]

**\[SUBCHAPTER II\]. GENERAL PROCEDURES**

**3.03 APPLICATION FORMS**

*\[NOTE: Photocopies or facsimile copies of original claims are
acceptable. This is especially important in certain situations such as
when a claimant is overseas.\]*

To make a formal claim for benefits, an individual must use the correct
application form from the following list:

**a. VA Form 22-1990, Application for Education Benefits.** This form is
used by veterans and servicepersons applying under chapters 30 and 32 of
title 38, U.S. Code and section 903 of Public Law 96‑342 and reservists
applying under chapter \[1606\] of title 10, U.S. Code. VA Form 22-1990,
modified as described in chapter 12, is also used by individuals to
apply under the Omnibus Diplomatic Security and Antiterrorism Act of
1986. It may also be used by dependents to apply for benefits in
section 903 cases where transfer of entitlement is permitted. (See pt.
VI, ch. 1.)

*NOTE: Persons applying for category II chapter 30 benefits need not
file a new VA Form 22-1990 for chapter 30 if they previously filed under
chapter 34. (See pt. V, par. 3.03a.)*

**b. VA Form 22-1990t, Application and Enrollment Certification for
Individualized Tutorial Assistance.** This form is used by persons
receiving benefits under chapters 30, 32, 35, \[1606\], and section 903
to apply for tutorial assistance. (See ch. 10 regarding tutorial
assistance.)

**c. VA Form 22-1995, Request for Change of Place of Training.** This
form is used by persons under chapters 30, 32, \[1606\], and section 903
to apply for:

\(1\) A change of program or place of training;

\(2\) Reentry into training following a report of unsatisfactory
attendance, progress, or conduct; or

\(3\) Benefits by a serviceperson who has reentered military service
after receiving benefits as a veteran.

*\[NOTE 1: Claimants do not have to file a request for a change of
school or change of program on any specific form. Claimants can use any
means of communication (oral or written).\]*

*NOTE \[2\]: Accept a completed VA Form 22-1990 in place of VA Form
22-1995. Accept a completed VA Form 22-5490 in place of VA Form
22-5495.*

**d. VA Form \[24\]-5281, Application for Refund of Educational
Contributions.** This form is used by participants in the chapter 32
program to request a refund of money they have contributed.

*\[NOTE 1: For chapter 32 refund instructions, see circular 22-75-25,
appendix A.\]*

*NOTE \[2\]: This form is [not]{.underline} designed for requesting a
chapter 32 refund in death cases. It is also [not]{.underline} designed
for requesting the chapter 30 death benefit. See subparagraph i below
regarding these benefits.*

**e. VA Form 22-5490, Application for Survivors\' and Dependents\'
Educational Assistance.** This form is used by spouses and children to
apply for benefits under chapter 35, title 38, U.S. Code.

*NOTE: General Counsel, in precedent opinion 12-92 dated May 28, 1992,
held that a claim for Dependency and Indemnity Compensation and Pension
may not be considered a claim for chapter 35 benefits.*

**f. VA Form 22-5495, Request for Change of Program or Place of
Training.** This form is used by spouses and children under chapter 35
to apply for a change of program or place of training, or to apply for
reentry into training following a report of unsatisfactory attendance,
progress, or conduct.

**g. VA Form 22-8725, Application for Education Loan.** This form is
used by spouses and surviving spouses under chapter 35 to apply for VA
education loans. (See pt. VII, ch. 8.)

**h. VA Form 22-8889, Application for Educational Assistance Test
Program Benefits.** This form is used by veterans, servicepersons, and
eligible dependents to apply for benefits under section 901 of Public
Law 96-342 and to apply for a change of program or place of training
under that law. \[See ch. 11.\]

**i. VA Form 21-4138, Statement in Support of Claim.** This form may be
used to apply for the chapter 30 death benefit or for a refund of
chapter 32 contributions in death cases. However, any written
communication requesting these benefits will be accepted as a formal
claim. (See pt. V, ch. 4, and pt. VI, ch. 7.)

**3.04 CLAIMS PROCESSING CYCLE**

*\[NOTE: If an education claim is received by a RO (Regional Office)
that does not process education claims, that station should immediately
forward it to the RPO that has jurisdiction over the claim.\]*

**a. Initial Processing.** Follow the procedures outlined in \[ \]
chapter 1 for determining jurisdiction, folder establishment, \[pending
issue control, workflow, delegation of authority and file number
adjustment issues.\]

**b. Routing.** \[Generally, attach all applications and accompanying
documents to the claimant\'s folder and route it to the Authorization
activity if the initial screening (see par. 1.27) determines that the
item must be processed using the claimant\'s folder. See paragraph 1.30
for establishing a temporary folder when the RO cannot locate the folder
within 5 days. For stations using TIMS (The Imaging Management System),
TIMS automatically routes the claim, and has the necessary electronic
folder available.\]

[EXCEPTION:]{.underline} Route VA Form \[24-5281\] to the Finance
activity of the station receiving the form. \[ \]

**c. Initial \[Actions\].** \[See paragraph 3.04A.\]

**d. Pamphlet Procedures.** Adjudication will send each person filing an
original claim a pamphlet explaining the benefit sought at the time the
original claim is established unless the application form shows that the
claimant has already received a pamphlet. This procedure will result in
some duplicate pamphlets being received. \[A pamphlet is available for
each education benefit. (See pt. I, par. 5.10.)\]

**e. Type of Benefit.** Adjudication must either allow or deny each
benefit claimed on an application. In addition, Adjudication should
consider the possibility of eligibility to benefits not checked if this
is to the advantage of the claimant. Claimants cannot always be expected
to correctly identify or specify the benefit they are seeking. Remember
that \[BDN\] will permit the processing of a denial of one benefit and
not alert the adjudicator to the claimant\'s potential eligibility to
one of the other benefits.

*\[NOTE 1: If a claimant applies for a benefit, and is also eligible for
a greater benefit, VA has an obligation to notify the claimant of this
eligibility. For example, notify a claimant if he or she applies for
chapter 1606 benefits and also qualifies for chapter 30 benefits.\]*

*NOTE \[2\]: If a veteran files a claim for multiple benefits or
indicates \"unknown\" or \"unsure\" or does not check any benefit block
and is not entitled to any benefit, RPOs must deny each benefit to which
the veteran is not entitled. Disallow the claim in BDN to establish a
disallowed master record. Suppress the BDN generated letter and send the
claimant a dictated letter explaining why he or she is not eligible for
each benefit denied.*

**f. Disposition of Claims.** If a formal claim is allowed, either a
Certificate of Eligibility must be issued or an award must be
authorized. See chapter 9 for procedures for issuing Certificates of
Eligibility. For award processing, see part IV and chapter 4 of parts V,
VI, VII, and VIII, depending on the benefit. For disallowance
procedures, see chapter 9 and chapter 4 of parts V, VI, VII, and VIII.

**g. Recording End Products.** Adjudication must record an end product
only after final action is taken on all pending issues on the claim.
M22-3, Manpower Control and Utilization Education Activities in
Adjudication and Veterans Services Divisions, lists the end products for
education claims processing.

**\[3.04A INITIAL ACTIONS IN CLAIM PROCESSING**

*NOTE: This paragraph is based on M21-1, part III, chapter 2, subchapter
I.*

a\. **Assistance to Claimants.** Extend all reasonable assistance to
claimants in meeting the evidentiary requirements necessary to establish
their claims under the applicable laws and regulations. Give them every
opportunity to establish entitlement to the benefits sought, to include
complete procedural and appellate rights. Provide the claimants complete
information and advice in words the average person can easily
understand. Thoroughly develop information from *all* sources before
making decisions affecting entitlement.

b\. **Date-of-Receipt Stamp.** All claims, applications and associated
evidence should be date stamped on receipt in the RO mailroom.

\(1\) Do not affix stamps directly on original documents which are to be
returned such as discharge certificates, court records and papers,
marriage, birth and death certificates, divorce decrees and similar
records. Instead, stamp the date of receipt on a paper tag and fasten it
to the original document by paperclip.

\(2\) Do not routinely require the use of a date stamp in Adjudication,
but, if an unstamped document is received in Adjudication, the first
person who reviews the claim should date stamp it.

\(3\) The Adjudication Officer or designee, not below the grade of unit
chief, may require the use of the receipt stamp to document unusual
delays in the receipt of documents in the division.

c\. **Initial Screening.** Review all applications, claims,
correspondence and evidence immediately to determine if:

\(1\) The claim, because of its nature or facts, warrants expedited
action;

\(2\) A prima facie claim is established which can be immediately
referred to the rating activity;

\(3\) A claim is incomplete and requires further development;

\(4\) The claim warrants immediate denial.

d\. **Signature of Claimant**

\(1\) **Unsigned Application.** See paragraph 3.02Ad, Note 3

\(2\) **Signature by Mark.** Forms with signatures by mark or thumbprint
must be witnessed by two persons who give their address. If the mark is
witnessed by a VA employee, notary public or other person having the
authority to administer oaths for general purposes, only that
certification is required.

\(3\) **Signature by Pencil.** A penciled signature is acceptable.

e\. **Defective or Incomplete Application Forms.** If an application is
properly signed but is so incomplete that development for the specific
information is not feasible, make a copy of the application and retain
it as the file copy. Return the original application to the claimant
with a request to complete the indicated items checked in red. If it
appears from the application that there may be additional evidence that
could be relevant to the claim, ask the claimant to submit this
additional evidence with the application. For example, if the claimant
indicates medical treatment for a disability, request him or her to
submit the treatment records. Establish a 30-day Benefits Delivery
Network (BDN) control.

f\. **Claims Filed and Lost.** If VA loses a claim, the employee having
knowledge of the facts will prepare a statement for the file. The
employee and his or her supervisor will sign the statement. Base the
effective date of the duplicate claim on the date of receipt of the lost
claim as established by the statement.\]

**3.05 SPECIFIC ISSUES IN ORIGINAL APPLICATION PROCESSING**

For issues that must be considered for specific benefit programs, see
chapter 3 of parts V, VI, VII, or VIII, as applicable, or chapters 11 or
12 of this part (for section 901 and the Antiterrorism Act).
Adjudication must consider the following issues when reviewing any
original application:

**a. Verification of Service**

\(1\) [Servicepersons]{.underline}. See paragraph 3.06.

\(2\) [Veterans]{.underline}. See paragraph 3.07.

\(3\) [Reservists]{.underline}. For proof of Selected Reserve service in
chapter \[1606\] cases, see part VIII, chapter 3. For proof of Selected
Reserve service in chapter 30 cases, when such service affects chapter
30 eligibility, see part V, chapter 3.

**b. Determining Active Duty.** Determining what is or is not \"active
duty\" can be a complex issue. See subchapter \[III\] for clarification
on various situations.

**c. Requests for Additional Service Data.** \[For some issues,
adjudicators may use the service department contact points published
periodically in an RPO letter from the Director of the Education
Service. RPOs can access this information by searching ARMS (Automated
Reference Materials System) for \"contact points\". Sometimes service
data is necessary to request clarification of the service data of record
with VA in addition to what the claimant submits and to what is
available on \[BDN\] and through the \[contact points\]. To request this
necessary service data, prepare VA Form 21‑3101, Request for
Information. \[The previous means of requesting this service data was
using BDN to send the form to the appropriate service branch. Beginning
on December 14, 1998, stations will use PIES (Personnel Information
Exchange System) to request this information.\]

**d. Application by Servicepersons for Training After Discharge.**
Applications received from servicepersons which indicate that the
person\'s program of education will not begin until after his or her
release from active duty require additional review.

\(1\) Review the application to determine if, in addition to the
DD Form 214, further information, evidence, or forms are needed before
benefits may be authorized.

\(2\) Send the claimant a dictated letter explaining that further action
must be deferred pending receipt of additional information. The letter
should specify what information is being requested and that the claimant
should submit this information, if he or she has it or can obtain it.

**e. Application by Servicepersons on Terminal Leave.** It is common for
servicepersons to apply for benefits for a term which begins a few days
or weeks before discharge from active duty. These servicepersons begin
school while they are in a terminal leave status. In such cases, it is
[not]{.underline} necessary to obtain the \[education officer\'s
signature which is\] normally required as described in paragraph 3.06.
Verification of active service as described in paragraph 3.06 is
sufficient to establish eligibility.

*NOTE: Pay terminal leave cases from the first day of the term in which
the individual attends school. \[ \]*

*For example, a serviceperson is attending school from January 3, 1998
until May 22, 1998. She receives an honorable discharge on February 25,
1998. Pay the individual as a serviceperson receiving tuition and fees
from January 3, 1998 until February 24, 1998. Pay the individual as a
veteran from February 25, 1998 until May 22, 1998.*

**f. Application by Veterans Who Received Benefits on Active Duty.** If
a veteran \[ \] previously filed an application as a serviceperson, a
separate formal application is not required upon discharge. However,
Adjudication will request whatever information may be necessary to
determine the person\'s eligibility as a veteran.

**g. Eligibility Issues.** To determine eligibility for a specific
benefit, see the appropriate part of this manual.

**h. Program Approval Issues.** See chapters 6 and 7.

**i. Counseling.** See chapter 5 when the claimant requests counseling
or counseling is required by law.

\(1\) [Counseling Requested but Not Required]{.underline}. A claimant
may request counseling in a variety of ways as described in chapter 5.
Do [not]{.underline} delay normal processing of the claim (i.e., issuing
a Certificate of Eligibility or awarding benefits). Process the claim
and then refer the case to the VR&C (Vocational Rehabilitation and
Counseling) Division.

\(2\) [Counseling Required]{.underline}. In a few situations as
described in chapter 5, counseling is required by law. Once eligibility
to benefits is established in such cases, refer the case for counseling
following the procedures in chapter 5. If the VR&C Division approves
entrance or reentrance into training, only then will Adjudication issue
a Certificate of Eligibility or award benefits.

**j. Review of Prior Training Under Other Laws.** See subchapter IV.

**k. Extension of Delimiting Date.** If an individual claims an
extension of his or her original delimiting period, see chapter 4.

**3.06 VERIFICATION OF SERVICE - SERVICEPERSONS**

**a. \[Verification of Service\].** To verify service, take the
following actions:

\(1\) The 30D (Chapter 30 DOD Data Record) screen should have sufficient
information to verify service for a chapter 30 serviceperson. (See pt.
V, par. 3.03b.) In the event that the 30D screen does not have
sufficient information to verify service, the RPO should send VA Form
22-0569, Report of Contact With DOD, to the appropriate service
department contact point. (See pt. V, par 8.11 for procedures on
contacting the service department contact points)

\(2\) The M26 CH32/903 \[Participant Account Summary\] screen may have
sufficient information to verify service for a chapter 32 or section 903
serviceperson. (See pt. II, par. 3.10.) In the event that the M26 screen
does not have sufficient information to verify service, the RPO should
send VA Form 22-0569 to the appropriate service department contact
point. (The chapter 32 service coordinators are the same as the chapter
30 coordinators. See pt. V, par 8.11 for instructions on sending VA Form
22‑0569.)

*\[NOTE: The commanding officer\'s certification was a procedural
requirement to assist in processing a serviceperson\'s application for
education benefits and is not available on VA Form 22-1990, dated March,
1997. This signature was not required by law or regulation.\]*

**b. Education Officer\'s Certification.** Regulations require that a
serviceperson under chapters 30, 32, and section 903 consult with his or
her Education Officer before applying for educational assistance
(38 CFR 21.5030(c) and 21.7030(a)(2)). Therefore, the signature of the
education officer is required on each VA Form 22-1990 or VA Form 22‑1995
completed by a serviceperson. The Education Officer\'s signature is not
a verification of service.

**3.07 VERIFICATION OF SERVICE - VETERANS**

*NOTE: The rules given below do [not]{.underline} apply in chapter 30
cases. For chapter 30, see part V, \[paragraph 3.03\].*

**a. Acceptable Documentation.** See M21-1, part IV, paragraph 10.04b.

**b. BIRLS Data as Alternative Documentation.** If evidence as described
in subparagraph a is not received in support of an original claim by a
veteran, review the BIRLS (Beneficiary Identification and Records
Locator Subsystem) record. (See subch. III for interpretation of BIRLS
data.)

\(1\) If BIRLS shows the CHARACTER OF SVC (Character of Service) is
HON (Honorable), the SEP REASON CODE (Separation Reason Code) is
SAT (Satisfactory), [and]{.underline} either the VERIFIED indicator has
a \"Y\" or the VADS (Veterans Assistance Discharge System) indicator has
a \"Y\", the service shown in BIRLS is considered as verified service.

\(2\) If BIRLS contains service dates but shows the SEP REASON CODE as
UNK (Unknown) or blank, further development is not required if a
photocopy (may be uncertified) of the veteran\'s DD Form 214 shows a
satisfactory reason for separation.

\(3\) If the requirements of subparagraphs (1) and (2) above are not
met, request additional verification of service per paragraph 3.05c as
well as from the claimant. In addition, if CHARACTER OF SVC shows an
entry other than HON or UHC (Under Honorable Conditions), request
separation records from the service department to determine the facts
and circumstances which led to the claimant\'s discharge. (See par.
3.09.)

*\[NOTE: The \"VADS\" indicator on the VID screen may contain a \"D\".
This is not an indicator that service is verified, but only that the
information came from Defense Management Data Center processing.\]*

**c. Disallowance.** If a claimant has submitted an alternative form of
evidence of service which is not acceptable (e.g., an uncertified copy
of a DD Form 214) [and]{.underline} his or her military service cannot
be verified, send the claimant a dictated letter with an explanation of
the attempts to verify service. If a previous letter did not adequately
explain acceptable forms of evidence, include this information in this
letter. A notice of appeal and procedural rights will be enclosed.

**3.08 STATUTORY BARS TO BENEFITS**

There are certain statutory bars that apply to all VA benefits
regardless of the character of discharge. See M21-1, part IV, paragraph
11.01 \[and 38 CFR 3.12c. A summary of these statutory bars follows:
discharge of a conscientious objector who refused to perform military
duties, discharge by reason of the sentence of a General Court Martial,
resignation of an officer for the good of the service and desertion, and
other than honorable discharge for AWOL exceeding 180 days unless there
were compelling circumstances. Authorization must make an administrative
decision on any statutory bar.\]

**3.09 CHARACTER OF DISCHARGE**

\[**a. Chapter 32 and Section 903.\]** For chapter 32 (and section 903),
and chapter 35 (if the claimant was on active duty), the claimant\'s
discharge must be \"under conditions other than dishonorable.\" Follow
the procedures in M21‑1, part IV, paragraph 11.01, if the claimant\'s
discharge is not specifically \"honorable\" or \"under honorable
conditions.\"

\[**b. Chapter 30.\]** For chapter 30, only discharges that are
specifically \"honorable\" are acceptable; therefore, the administrative
decision described in paragraph 11.01 is never required in chapter 30
cases. \[However, conditional discharges may be an issue in chapter 30.
See part V, paragraph 1.17e.\]

\[**c. Section 901.\]** For section 901, see chapter 11.

**3.10 CONDITIONAL DISCHARGES**

The rules governing conditional discharges from active service apply in
all benefit determinations based on active service [except]{.underline}
those under chapter 30. Under chapter 30, the claimant must receive an
honorable discharge from the qualifying period of service. Therefore,
the procedure in this paragraph does not apply. \[However, conditional
discharges may be an issue in chapter 30. See part V, paragraph 1.17e.\]

**a. General.** Before the change to 38 U.S.C. 101(18) by Public
Law 95-126, a veteran who reenlisted before completing a period of
service (i.e., before he or she was eligible for complete separation)
could lose all entitlement to VA benefits if his or her subsequent
discharge was under dishonorable or \"other than honorable\" conditions.
The current definition of the term \"discharge or release\" in section
101(18) ensures eligibility to such a veteran provided he or she
satisfactorily completed the period of active service for which he or
she was obligated at the time of entry or reentry.

**b. Initial Procedure.** When the application, service records, or DD
Form 214 of a veteran who was released under dishonorable or \"other
than honorable\" conditions shows a sufficiently long period of active
service, \[use PIES to\] send a VA Form 21‑3101 to the appropriate
service department with the following statement: \"Was the veteran
eligible for complete separation prior to XX-XX-XX (date of dishonorable
or \'other than honorable discharge\')? If not, state date(s) when this
individual completed the period(s) of active service for which he or she
was obligated at the time(s) of induction or reenlistment(s).\" \[Use
PIES to also request service records, including any Board of Officer or
court‑martial proceedings, at the same time.\]

**c. Character of Discharge Determination**

\(1\) If development discloses a prior period of honorable service which
would qualify the claimant for the benefit requested (i.e., the veteran
received a complete discharge at some time in the past), the claim may
be allowed on that basis. However, in such cases, a character of
discharge determination will always be made to ensure the most favorable
delimiting date possible.

\(2\) If it is determined that the last discharge or release was under
dishonorable conditions for VA purposes, the character of discharge
determination will discuss the issue of \"conditional\" discharge(s).
Consideration will be given to whether the veteran rendered faithful and
meritorious service throughout the period of active duty for which he or
she was obligated at time of induction or enlistment. When the veteran
has had several enlistments, the period to be considered will begin with
the initial enlistment or induction and end with the date given by the
service department as the completion date for the last full enlistment.

EXAMPLE:

  ---------------------------- ----------------- -------------------------
  **Entered on                 **Term of         **Scheduled Discharge
  Duty/Reenlistment Date**     Enlistment**      Date**

  9-16-80                      2 years           9-15-82

  4-01-82                      4 years           3-31-86

  10-01-85                     4 years           9-30-89
  ---------------------------- ----------------- -------------------------

A veteran, who had never been eligible for complete separation, was
discharged June 17, 1988, with an \"other than honorable\" discharge. He
is applying for chapter 32 benefits. He made all of his chapter 32
contributions before March 31, 1986. In its review, Authorization
determined that the veteran was absent without leave from August 6,
1987, to April 23, 1988 (more than 180 consecutive days) without
compelling reasons. If, before March 31, 1986, the veteran served
faithfully and meritoriously, the character of discharge determination
would conclude that although the 180-day bar under 38 CFR 3.12(c)
applied to the discharge on June 17, 1988, the veteran had honest,
faithful, and meritorious service from September 16, 1980, through
March 31, 1986, and eligibility for VA purposes is established for that
period.

**\[SUBCHAPTER III.\] MISCELLANEOUS SERVICE ISSUES**

**3.11 GENERAL**

The terms \"active duty,\" \"ACDUTRA\" (Active Duty for Training), and
\"Selected Reserve\" have very specific meanings given in part I,
chapter 2. The term \"active duty\" has \[its own definition for chapter
30. See part V, paragraph 1.02a\]. The paragraphs which follow clarify
the effect of specific types of service.

*NOTE: This subchapter does not apply to chapter \[1606\] since chapter
\[1606\] is a program under title 10 U.S.C.*

**3.12 FULL-TIME DUTY IN THE RESERVE OR NATIONAL GUARD**

In some instances full‑time duty in the Reserve or National Guard may be
considered active duty under title 38.

\[For chapter 30, see part V, paragraphs 1.02a and 1.17d.\]

**a. Reserve Service.** See M21-1, part IV, paragraph 10.02.

**b. National Guard Service.** See M21-1, part IV, paragraph 10.03. \[
\]

**3.13 SERVICE ACADEMY PREPARATORY SCHOOLS**

**a. Preparatory Schools.** The Army, Navy, and Air Force provide
preparatory school training for qualified personnel who are candidates
for appointment from the enlisted ranks to one of the service academies.
This training is provided at the U.S. Military Academy Preparatory
School, the U.S. Naval Academy Preparatory School, and the U.S. Air
Force Academy Preparatory School.

*\[NOTE: In 1994, the General Counsel affirmed the previous decision
that characterizations of an individual\'s service at the U. S. Air
Force Academy Preparatory School for purposes of entitlement to
veterans\' benefits depends upon the status in which the individual
enters this school. Service by an individual attending this school as a
reservist called to active duty for the sole purpose of attending this
school constitutes \"active duty for training\" and not active duty.
Service by an enlisted person on active duty who is reassigned to this
school without a release from active duty constitutes a continuation of
that enlisted person\'s active duty.\]*

**b. Not Same as Service Academy.** Chapter 30, 32, 34, and section 903
regulations require that service as a cadet or midshipman at a service
academy must be excluded from computation of periods of active duty.
(See 38 CFR 21.7020(b)(1)(ii)(B) for chapter 30 and comparable
regulations for the other education benefits.) The General Counsel has
ruled that assignment to a preparatory school is not equivalent to
assignment to a service academy because a preparatory school has no
connection with an academy. Service at an Army, Navy, or Air Force
preparatory school [is]{.underline} considered active duty .

*NOTE: See part V, chapter 1, for the effect of \[graduating from a\]
service academy on chapter 30 eligibility.*

**3.14 DEDUCTIBLE TIME**

Two types of military service (not-on-duty time and non-creditable time)
are not included as active duty for education benefit purposes. For
veteran-applicants, this information can be found on DD Form 214 or
VA Form 21‑3101. \[ \]

**a. Not-on-Duty Time.** Not-on-duty time does not count as active duty
under chapters 30, 32, 34, and sections 901 and 903. Periods of service
which constitute not-on-duty time are defined by 38 CFR 3.15 and
include:

\(1\) Time lost on absence without leave (without pay).

\(2\) Time lost while under arrest (without acquittal).

\(3\) \[In desertion.\]

\[(4)\] Time lost while undergoing a sentence of court-martial.

**b. Non-creditable Service.** Non-creditable service does not count as
active duty under chapters 30, 32, 34, and sections 901 and 903. \[(See
38 CFR 21.7020(b)(1)(ii)\] for chapter 30. Periods of non-creditable
service are:

\(1\) Service as a cadet or midshipman at one of the service academies.
However, service at the Army, Navy, or Air Force Preparatory School is
creditable service as stated in paragraph 3.13 above. \[ \]

\(2\) Periods while assigned by the service department to a civilian
school for a course substantially the same as established courses
offered to civilians. The term \"civilian school\" means any public or
private school providing adult education, including colleges or
universities, and schools providing business, trade, vocational, or
technical training. It is not material that there were curricular
deviations incident to the particular student\'s military assignments,
or that a regular academic degree or certificate was not issued, as long
as the course was one within the regularly prescribed program or
curriculum of the school. A DD Form 214 \[or VA Form 22-1990\] will
normally provide the necessary information.

*NOTE: See part V, chapter 1, for the effect that training at a
\"civilian school\" has on chapter 30 eligibility.*

\(3\) Service under the provisions of section \[12103 (formerly section
511(d)\] of title 10 pursuant to an enlistment in the Army National
Guard or the Air National Guard, or as a Reserve for service in the Army
Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or
Coast Guard Reserve.

\(4\) Periods of military service in an excess leave status.

*NOTE 1: A serviceperson attending school in an excess leave status, if
otherwise eligible, may be paid at the rates payable to veterans
including additional allowance for dependents. Excess leave is leave
without pay and is granted only by the service department under
emergency or unusual circumstances. The service department places the
individual in a \"leave without pay\" status; the serviceperson pays the
tuition and fees and agrees to extend the length of service on active
duty. Education benefits may be authorized for the full period of
enrollment certified by the school even though there may be a brief
period of active duty during a holiday or during any other day the
school was not in session which did not interrupt the continuity of
pursuit of the course.*

*NOTE 2: There is an important distinction in service department
programs in which the serviceperson attends a civilian school while on
excess leave without pay, and other programs in which the serviceperson
attends a civilian school while on a temporary \"duty assignment with
full pay and allowances.\" In the latter instance, the student is
considered to be on active duty and should be paid education benefits at
the rates payable to servicepersons \[unless the military is paying for
the training\].*

**\[SUBCHAPTER IV.\] INTERPRETING BIRLS DATA**

**3.15 PURPOSE**

Data on the BIRLS VID (Veterans Identification) screen can sometimes be
used as verification of service as noted in paragraph 3.07b. This
subchapter provides information about BIRLS for ready reference. The
procedures for establishing and updating BIRLS records are found in
M21-1, part II, chapter 6.

**3.16 SOURCE OF BIRLS DATA**

BIRLS data is entered either by RO personnel or from VADS. If data was
entered from VADS, the VADS indicator on the VID screen will show a
\"Y\". BIRLS data entered from VADS may not always show all periods of
service or may indicate breaks in service when none actually exist. If
all periods of service shown on the VID screen have been verified by
acceptable documentary evidence, the VERIFIED indicator will show a
\"Y.\"

**3.17 CHARACTER OF SERVICE CODES**

BIRLS can display the character of service codes shown below:

**BIRLS CHARACTER OF SERVICE CODES**

  ----------------- -----------------------------------------------------
  **BIRLS ENTRY**   **DISCHARGE CERTIFICATE (DD214)**

  **HON**           [Hon]{.underline}orable

                    

  **UHC**           General ([U]{.underline}nder [H]{.underline}onorable
                    [C]{.underline}onditions; [Not]{.underline}
                    acceptable for chapter 30)

                    

  **OTH**           [O]{.underline}ther [T]{.underline}han
                    [H]{.underline}onorable

                    (May also be shown on DD 214 as Unsuitable or Bad
                    Conduct)

                    

  **DIS**           [Dis]{.underline}honorable Discharge

                    

  **UNK**           [Unk]{.underline}nown

                    

  **HVA**           [H]{.underline}onorable for [VA]{.underline} purposes
                    (not shown on DD 214); entered only after
                    administrative decision made per M21-1, part IV,
                    paragraph 11.01c. ([Will not entitle veteran to ch.
                    30)]{.underline}

                    

  **DVA**           [D]{.underline}ishonorable for [VA]{.underline}
                    purposes (not shown on DD 214); entered only after
                    administrative decision made per M21-1, part IV,
                    paragraph 11.01c.
  ----------------- -----------------------------------------------------

**3.18 SEPARATION REASON CODES**

The possible separation reason codes are:

**a. DEV.** (Development) VA cannot accept service as verified based
only on a VADS record if DEV is coded as the separation reason.
Development is always required.

**b. SAT.** (Satisfactory)

*NOTE: \[\"SAT\"\] does [not]{.underline} mean that the separation
reason is an acceptable early separation reason in the chapter 30
program.*

**c. ADM.** (Administrative Decision) Used when Character of Service is
HVA or DVA.

**d. UNK.** (Unknown).

**\[SUBCHAPTER V.\] TRAINING UNDER PRIOR BENEFIT PROGRAMS**

**3.19 GENERAL**

\[**a. Basic Prior Training Determination.** A station must first\]
determine the amount of prior training under other programs in all cases
where prior training is indicated. No person may receive benefits
exceeding a total of 48 months by combining benefits under two or more
benefit programs. Development is necessary [before]{.underline}
initially paying current benefits when the amount of prior training and
the current award could exceed 48 months.

\[**b. Prior Training Steps.** These general steps are to assist
stations in identifying prior credit information and determining the
amount of any prior training that a claimant may have taken.

\(1\) Step 1. Review the claimant\'s application.

\(2\) Step 2. Determine if the claimant has other folders and where
those folders are located.

\(3\) Step 3. Review BDN for prior training under current laws.

\(4\) Step 4. Request transfer of a claimant\'s other folder(s) (only if
the BDN review does not show the amount of prior training) and review
the paper documentation in the folder(s).

\(5\) Step 5. Determine all prior training.\]

**3.20 IDENTIFYING PRIOR TRAINING INFORMATION**

Obtain information concerning possible training under a prior education
program from several sources. The following list is not all inclusive:

**a. Review the Claimant\'s Application.** A claimant may give prior
training information on his or application.

\(1\) [Review for Chapter 35]{.underline}

\[(a) [DEA Claimant.]{.underline}\] If a claimant files VA Form 22-5490
and shows that he or she previously applied for Dependents\' Educational
Assistance (i.e., chapter 35), he or she should indicate the parent\'s
name and file number.

\[b. [Veteran Claimant.\]]{.underline} If a claimant files VA Form
22-1990 and shows that he or she previously applied for Survivor\'s
Educational Assistance (i.e., chapter 35), the claimant should indicate
the parent\'s name and file number. Review the chapter 35 record for the
indicated file number to determine prior training. If the claimant\'s
application indicates the parent\'s name but does not provide the file
number, review BIRLS to determine the number. Use the BINQ (BIRLS
Inquiry) command with the parent\'s name.

*NOTE: VA Form 22-5490 and VA Form 22-1990 have different terminology
for the Dependents\' Educational Assistance program.*

\(2\) [Review for Other Benefits]{.underline}. If a claimant\'s
application shows he or she previously applied for one of the other
education benefits, review the \[BDN\] master record for that benefit to
determine prior training.

**b. Review the Claimant\'s BIRLS** **Record**

\[(1) Even if a claimant does not state prior training information on
his or her application, check the BIRLS LOC screen to see if additional
folders exist under which the claimant may have received benefits.

\(2\) If this BIRLS review shows that additional folder(s) exists, print
the LOC screen or write down where those folders are located.

\(a\) Review the corresponding BDN master record. If there is no BDN
record, attempt to recall the additional folder(s).

\(b\) If this review shows that the folder(s) have been transferred to a
different RO, request a temporary transfer of the folder.

\(c\) If the BIRLS LOC screen shows a \"Y\" in the DESTROYED INDICATOR
field or a chapter 35 DEA BIRLS BID (Beneficiary Identification Data)
screen shows a \"Y\" in a similar field entitled DEA FOLDER IS
DESTROYED, assume that these folders have been destroyed and apply the
procedures in paragraph 3.21.

*NOTE: If the application shows prior training under the World War II or
Korean Conflict education laws, see paragraph 3.21a.*

\(c\) If BIRLS shows that the folder(s) have been retired or relocated,
assume that these folders have been destroyed and apply the procedures
in paragraph 3.21. (Folders are usually initially retired to an FRC
(Federal Records Center). The FRC either destroys the folder or
transfers it to the RMC (Records Management Center) locate at St. Louis,
MO after a time specified in the appropriate VA records disposal
authority.)

*NOTE: For information on BIRLS, see M21-1, part II, chapter 6.\]*

**c. \[Determine all Prior Training.\]** To obtain prior training
information, take the following actions: review the appropriate \[BDN\]
records (see pt. II, chs. 3 through 5 for information concerning the M21
Education Master Record screen and the 351 Chapter 106 Histories
screen). If there is any indication that the claimant is (or was)
entitled to chapter 31 benefits, review the chapter 31 M33 CH31
Entitlement/Diagnostic screen.

**3.21 OBTAINING PRIOR TRAINING INFORMATION WHEN NOT READILY AVAILABLE**

**a. Folder Destroyed.** For applications that show prior training under
Public Law 78-346)\[(World War II)\], Public Law 78-16 \[World War
II)\], or Public Law 82-550 \[(Korean Conflict), assume the education or
chapter 31 folder under these laws as having been destroyed under VA
disposal authority. Also assume that all alternate types of prior
training information. \[Microfilm records of the WWII or Korean War VR&E
(Vocational Rehabilitation and Education) award account cards (VA Form
4-1391, Record of Payment and Training Status) or the payee account
cards (punched cards) have been destroyed under VA disposal authority.
Send the claimant a form or dictated letter requesting the information
shown in subparagraph b.\]

*\[NOTE: If the outside of the claims folder has a stamped impression
showing establishment of an R&E folder and that stamped impression is
obliterated, this means that the veteran applied for benefits but did
not enter training.\]*

**b. \[No Record of Prior Training**. When there are no available
records of the applicant\'s training under prior VA laws or potential
information has been destroyed under VA disposal authority\], use
information furnished by the claimant to compute the prior training
time. Original applications contain a section pertaining to prior VA
training. When an application indicates training under other VA programs
and no VA records can be obtained, \[request the following information
from the claimant:

\(1\) Name of program or law under which benefits were paid;

\(2\) Name of the school or training establishment where training was
pursued;

\(3\) Beginning and ending dates for each period of training; and

\(4\) Training times or monthly rates for each period of training.\]

**3.22 COMPUTATIONS FOR TRAINING UNDER PRIOR VA BENEFIT PROGRAMS**

**a. Prior VA Training Computations**

\(1\) [Chapters 30, 31, 32, 34, 35, \[1606\] and Sections 901 and
903]{.underline}. In most cases, determine the prior training by \[BDN\]
screens. If manual computations are necessary, see part IV, paragraphs
14.05 and 14.06.

\(2\) \[[Prior Public Laws]{.underline}. If a station encounters a case
involving prior training for the World War II or Korean Conflict
education laws, review M22-2, Part II, paragraph 5.05. If the station
cannot find their copy of this manual, they should send E-mail to
VAVBAWAS/CO/224B, giving appropriate details and requesting that
Education Service provide a copy of this paragraph.\]

**b. Procedures.** After obtaining all available records of the
applicant\'s training under prior VA laws, determine the total amount of
entitlement used. Except for chapter 32, enter this total amount of
entitlement into \[BDN\] as prior training. \[BDN determines the current
entitlement. For benefit specific procedures, see the following\]:

\(1\) Chapter 30. See part V, paragraph 2.07c.

\(2\) Chapter 32. See part VI, paragraph 3.06.

\(3\) Chapter 35. See part VII, paragraph 2.02.

\(4\) Chapter \[1606\]. See part VIII, paragraph 4.04.

*\[NOTE: For Out-of-System awards, see part IV, paragraph 12.10b.\]*

**\[CONTENTS**

**RULES OF EVIDENCE**

This appendix provides general rules of evidence pertaining to education
claims. These procedures have been extracted from M21-1, part III,
chapter 1 but are updated for education claims.

**3A.01 GENERAL**

a\. Decisions on VA benefit eligibility and entitlement are based on the
evidence of record. Evidence consists of documents, records,
testimonials and information in any other form provided by, or obtained
for, a claimant. The Department must fulfill its duty to assist by
obtaining all necessary evidence before making a decision on a claim. VA
is obligated to assist a claimant in developing all pertinent facts
concerning a well-grounded claim and render a decision granting every
benefit that is supported by law. VA is also obligated to protect the
interests of the Government.

b\. Before requesting evidence, identify all issues, determine what
additional evidence is needed, identify the best sources for the
evidence and initiate development. Request evidence from all sources
simultaneously, but *ensure* the evidence is needed before requesting
it.

c\. Keep the claimant informed of the reason(s) for any excessive delay
in the adjudication of his or her claim. Use any appropriate form of
communication (i.e. telephone, letter or facsimile).

d\. While the burden of proof ultimately rests with the claimant, VA
will make reasonable efforts to help the claimant obtain any evidence
that he or she specifically identifies, or any evidence which is
reasonably suggested to exist which might enable the claimant to
substantiate his or her claim.

e\. The claimant\'s certified statement is usually sufficient evidence
to establish a point in issue. In some cases more is required.

f\. The claimant\'s statements will be accepted as true in the absence
of contradictory evidence. It is appropriate to request further evidence
if there is a substantial reason to challenge a claimant\'s statement,
i.e., something beyond mere suspicion or doubt.

g\. See 38 CFR 3.200 through 3.215 for VA regulations governing evidence
requirements.

**3A.02 REASONABLE DOUBT RULE**

a\. The reasonable doubt rule is found at 38 CFR 3.102. Every person
involved in the adjudication of claims must be thoroughly familiar with
this regulation.

b\. The benefit of the doubt belongs to the claimant. If there is a
balance of evidence for and against the claim, VA must allow the claim.
In [Gilbert]{.underline} v [Derwinski]{.underline}, No 89-53, the CAVC
(Court of Appeals for Veterans Claims) likened the reasonable doubt rule
to a rule \"deeply embedded in sand lot baseball folklore that the \'tie
goes to the runner.\' If the ball clearly beats the runner, he is out
and the rule has no application. If the runner clearly beats the ball,
he is safe and again, the rule has no application. If, however the play
is close, then the runner is called safe by operation of the rule that
\'the tie goes to the runner\'.\" After obtaining all relevant evidence,
the adjudicator must evaluate the evidence and determine if the evidence
in favor of the position held by the claimant is of greater weight than
the evidence to the contrary. If the evidence supports the position of
the claimant, the claim is allowed. If the evidence does not support the
claimant, the claim is disallowed. If the evidence is approximately
balanced, resolve doubt in favor of the claimant.

***NOTE: The benefit of the doubt rule does not apply when the issue is
a question of status. (See M21-1, part III, chapter 6 and part IV,
chapter 10. (Status generally refers to claims that have no basis in
law.)***

**3A.03 CLAIM NOT WELL GROUNDED**

a\. In [Grottveit v. Brown]{.underline}, 5 Vet. App. 91 (1993), the CAVC
defined a well-grounded claim as a plausible claim, meritorious on its
own or capable of substantiation. It need not be conclusive, only
possible. VA is not required to carry to full adjudication a claim which
is not well grounded. Before a decision is made about a claim being well
grounded, it will be fully developed. See part VII, paragraph 3.04a,
Note, for an example of how this principle may apply in a chapter 35
claim.

*NOTE**:** Claims which have no basis in law (e.g., chapter 35 claim
from a grandchild or if the applicant does not claim to have a
relationship to the veteran and does not submit evidence to establish
any such relationship) should not be denied as not well grounded.
Rather, these claims should be denied because of the absence of legal
merit or the lack of entitlement under the law.*

b\. Notification that a claim has been denied as not well grounded must
clearly explain why the claim is not well grounded. Advise the claimant
of the type of evidence required to establish the claim. Also advise the
applicant that if VA does not receive that type of evidence within one
year from the date of notification, no benefits will be awarded on the
basis of that claim. Furnish notice of appeal rights.

c\. Evidence required to reconsider a claim found not well grounded need
not be new and material. It must merely establish the plausibility of
the claim.

**3A.04 EVIDENCE REQUESTED FROM CLAIMANT**

a\. **Complete Request.** Use BDN for development if it will produce a
letter that clearly tells the claimant what evidence is needed;
otherwise, use a form letter or locally produced letter. The basic test
is whether the development letter clearly informs the claimant exactly
what has to be done to establish entitlement to the benefit sought.

b\. **Enclosures.** Enclose all necessary forms, with the veteran\'s
file number on each, when writing to a claimant.

c\. **Facsimile and Telephone.** Use of facsimile and telephone
development is strongly encouraged.

\(1\) Appropriate cases include, but are not limited to:

\(a\) Receipt of medical evidence;

\(b\) Social security numbers and award/disallowance letters;

\(c\) Addresses;

\(d\) Employment information;

\(e\) Clarification of income items and medical expenses; and

\(f\) Forms (except signature on all original benefit applications).

\(2\) Document all information received by telephone on VA Form 119,
Report of Contact.

\(3\) Award and denial letters must include reference to any telephone
evidence used in the decision. Include the date of the call and the
person supplying the information.

d\. **Notice of Time Limit.** Advise the claimant that failure to
furnish the evidence within the specified time limit may result in
disallowance of the claim. Specify the time limit.

e\. **Controls for Submission of Evidence**

\(1\) Unless otherwise specifically provided, establish a 30-day control
for submission of evidence.

\(2\) If the evidence needed is not received within 30 days, disallow
the claim for failure to prosecute. Notify the claimant of the reason
for the disallowance and of the one-year time limit for submission of
the evidence. Furnish notice of procedural and appellate rights.

\(3\) If the claimant furnishes some but not all requested evidence and
the evidence submitted does not permit award action, do not disallow the
claim for failure to prosecute until 30 days have elapsed from the date
the evidence was requested. After 30 days, disallow the claim, advise
the claimant specifically what essential evidence was not received and
of the one-year time limit for submission of the evidence. Furnish
notice of procedural and appellate rights.

\(4\) If the claimant furnishes part of the evidence before 30 days have
elapsed and some benefits can be awarded, do not defer payment pending
receipt of the rest of the evidence. Take award action. Inform the
claimant of the evidence considered, the reasons for the decision and
that action on the remaining aspects of the claim has been deferred
pending receipt of the other requested evidence. Enclose notice of
procedural and appellate rights. Maintain pending-issue control until
final action is taken. If denial of the additional benefits results from
the failure to furnish requested evidence, inform the claimant of the
denial, outlining the evidence that was requested but not furnished and
of the one-year time limit for submission of the evidence. Furnish
notice of procedural and appellate rights.

\(5\) It is improper to deny a claim simultaneously with development of
the same issue. A control with an accurate date of claim must be
maintained as long as development is pending. If initial development
raises new issues which must be resolved or if initial development
failed to request essential evidence, extend the control for 30 days
from the date of the most recent request for evidence.

\(6\) Grant an extension of a control for evidence if requested by the
claimant or the claimant\'s authorized representative as long as a good
faith effort is being made to furnish the requested evidence. An
extension does not affect the statutory time limit for submission of
evidence or the effective date of an award.

f\. **Address Unknown**

\(1\) The claimant\'s address does not constitute evidence. Do not
consider a claim to be abandoned solely because the claimant\'s address
is unknown. If an award is stopped because the claimant\'s address is
unknown and checks are undeliverable, payments may be resumed effective
the day following the date of last payment if entitlement is otherwise
established and the claimant furnishes a valid current address. See 38
CFR 3.158(c). Also, see 38 CFR 1.710 concerning homeless claimants.

\(2\) If any correspondence to a claimant, including award letters or
requests for evidence, is returned as undeliverable, review the file to
ensure the current address was used. (If the claimant receives education
benefits via direct deposit or electronic funds transfer, see pt. IV,
par. 13.01b.)

\(3\) If a request for evidence essential to establish entitlement
addressed to the claimant\'s last known address is returned unclaimed,
do not extend the time limit for submitting the evidence. In this
situation consider the claim abandoned after the expiration of one-year
from the date of request. See 38 CFR 3.158(a).

g\. **Claimant Unable/Unwilling to Furnish Address.** If a claimant is
unwilling or unable to furnish a current mailing address, send
correspondence and checks to the Agent Cashier of the RO that is
adjudicating the claim or to the Agent Cashier of any VA facility deemed
appropriate. See 38 CFR 1.710(d).

\(1\) Checks will be returned to the Department of the Treasury if they
are not picked up in 30 days. This will suspend the account.

\(2\) If correspondence is not picked up from the Agent Cashier within
30 days, it is returned to Adjudication. Follow undeliverable mail
procedures (subpar. g(2) above) if correspondence is returned to
Adjudication after 30 days.

**3A.05 EVIDENCE REQUESTED FROM OTHER SOURCES**

a\. **VA Responsibility to Assist Claimants.** The ultimate
responsibility for submitting evidence to establish or verify
entitlement to VA benefits rests with the claimant. However, if
requested by a beneficiary or authorized representative, make reasonable
efforts to assist claimants in getting public documents and other
evidence.

b\. **Administrative Time Limits**

*NOTE**:** In most instances, an educational institution is not a third
party as stated in this paragraph. DO NOT give pre‑reduction notices
when you receive VA Form 22-1999b.*

\(1\) Unless otherwise provided, control requests for evidence from a
third party for 30 days. Simultaneously inform the claimant about the
third party development. State the name and address of the third party
and the specific evidence requested. Also, state the consequences of
VA\'s failure to receive the requested evidence.

\(a\) If the third party evidence is needed to support an increased rate
of VA benefits, advise the claimant that failure of either the claimant
or the third party to furnish the evidence will result in an
adjudication of the claim on the evidence of record.

\(b\) If the third party evidence is needed to support continued payment
of the current rate of benefits, furnish predetermination notice of the
reduction or termination which will result from failure to furnish the
necessary evidence.

\(c\) If the evidence is not received within the 30-day control period,
disallow the claim or adjust the award.

\(2\) Administrative time limits do not apply to evidence requested from
VA medical centers and service departments. Maintain a control and
initiate regular follow-ups until the records are located or a final
reply is received indicating that the records cannot be located. If a
service department or VA medical center indicates it does not have
evidence which is essential to the adjudication of a claim, advise the
claimant and give him or her 30 days to furnish additional information
about possible alternate sources of the evidence. If the claimant does
not reply or responds that there are no alternate sources of
information, adjudicate the claim based on the evidence of record.

c\. **Fees for Evidence.** VA is not authorized to pay a fee for copies
of public documents or other evidence from Federal, State or local
agencies or private sources. Most custodians of public documents furnish
copies to VA free of charge. If payment of a fee is required to obtain a
document, advise the claimant that VA is not authorized to pay the fee
and advise him or her how to get the evidence. (VAOPGCPREC 07-95)

d\. **Where to Write for Vital Records.** The Department of Health and
Human Services publishes a booklet entitled \"Where to Write for Vital
Records,\" DHHS Publication (PHS) 1142. It furnishes addresses from
which certified copies of birth, death, marriage and divorce documents
can be obtained. Request vital records by sending FL 21-107 or a locally
generated letter to the address shown in the current version of that
publication.

**3A.06 PRIMARY AND SECONDARY EVIDENCE**

a\. **Primary Evidence**

\(1\) In most instances entitlement to VA benefits can be established by
any evidence which is of sufficient weight to convince the decision
maker of the point in issue. However, for purposes of establishing
certain events, e.g., marriage, child\'s relationship, divorce, or
death, VA regulations require specific types of evidence.

\(2\) If there is conflicting information or a protest by an interested
party, there may be only one acceptable form of proof of an event. For
example, under 38 CFR 3.205(b) the only acceptable documentary proof of
dissolution of a marriage (other than by death) is a certified copy or
abstract of a final decree of divorce or annulment.

\(3\) In other instances, e.g., marriage and child\'s relationship, VA
regulations specify primary and secondary forms of evidence. A copy of
the public record of marriage, birth or adoption is considered to be
primary evidence of marriage or the child\'s relationship. Normally,
primary evidence of the event is required to establish marriage or the
relationship of a child. However, under the circumstances indicated in
subparagraph b below, secondary evidence can suffice to establish
marriage or a child\'s relationship.

b\. **Secondary Evidence.** Secondary evidence of an event is any
evidence which does not qualify as primary evidence. Consider secondary
evidence only after all attempts to obtain primary evidence have been
unsuccessful and the claimant has given a satisfactory explanation why
primary evidence is not available.

\(1\) Acceptable reasons for unavailability of primary evidence include
evidence that the primary record was destroyed and no copy exists or
evidence that no official documentary evidence of the event was ever
prepared. The mere fact that the claimant does not remember where the
primary evidence is located is not an acceptable reason for resorting to
secondary evidence.

\(2\) Secondary evidence is classified in order of acceptability
depending on the event in issue. Resort to a lower order of secondary
evidence only if the claimant establishes that the preferred form of
secondary evidence is unavailable. The order of acceptability for
specific types of evidence is as follows:

\(a\) **Marriage.** See M21-1, part III, paragraph 6.06.

\(b\) **Birth.** See M21-1, part III, paragraphs 6.17 and 6.25b.

\(c\) **Adoption.** See M21-1, part III, paragraph 6.20.

\(d\) **Death.** See M21-1, part III, paragraph 6.07e.

**3A.07 PHOTOCOPIES**

a\. **General.** Copies or abstracts of public documents, e.g., marriage
certificates, birth certificates, death certificates, are acceptable as
evidence if VA is satisfied the copies are genuine and free from
alteration or defect. Otherwise, VA may request a copy of the document
certified over the signature and official seal of the person having
custody of such record.

**b. Military Service.** Copies of original service documents are
acceptable only if issued to the claimant by the service department or
by a public custodian of records. See 38 CFR 3.203(a).

**3A.08 NEW AND MATERIAL EVIDENCE**

a\. A claimant must submit \"new and material\" evidence to reopen a
previously disallowed claim.

\(1\) To qualify as \"new\", evidence, whether documentary, testimonial
or in some other form, must be submitted to VA for the first time.

\(2\) A photocopy or other duplication of information already contained
in a VA claims folder does not constitute new evidence since it was
previously considered; neither does information confirming a point
already established.

b\. In order to be considered \"material\", the additional information
must bear directly and substantially on the specific matter under
consideration.

c\. A determination by VA that information constitutes \"new and
material evidence\" means that the new information is sufficiently
significant, either by itself or in connection with evidence already of
record, that it must be considered in order to decide the merits of the
claim fairly. It does not mean that the evidence warrants a revision of
a prior determination.

d\. A decision not to reopen a claim because the evidence submitted is
not new and material is an appealable decision. The claimant must be
furnished notice of procedural and appellate rights.

**3A.09 RESERVED FOR FUTURE USE**

**3A.10 AFFIDAVITS OR CERTIFICATIONS IN SUPPORT OF CLAIM**

a\. **General.** If affidavits or certifications are required by VA
regulations or procedures, the requirement may be satisfied by
completing a VA form containing the certification statement. Enclose the
appropriate VA form with the request for evidence.

b\. **Use of VA Form 21-4138.** If available VA forms are not
appropriate, an individual\'s signed statement on VA Form 21-4138,
Statement in Support of Claim, or any other written communication with
the appropriate certification, is acceptable.

**3A.11 RESERVED FOR FUTURE USE**

**3A.12 RESERVED FOR FUTURE USE**

**3A.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 Washington Regional Office. Send the request by letter
or VA Form 70-2801, Request for Translation Into English, to the
Director, Washington Regional Office (372/23), 1120 Vermont Avenue NW,
Washington, DC 20421.

**3A.14 REQUESTS FOR EVIDENCE FROM COUNTRIES ON THE TREASURY DEPARTMENT
LIST**

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 M21-1, part III, 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 electronic funds transfer 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.\]