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

# Department of Veterans Affairs Change 113

**Washington, DC 20420 February 5, 2004**

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

**Pages 2-II-3 through 2-II-4**: Remove these pages and substitute pages
2-II-3 through 2-II-4, attached.

Paragraph 2.06 has been revised to show that those foreign cases
formerly under the jurisdiction of the Washington Regional Office are
now under the jurisdiction of the Pittsburgh Regional Office.

**Pages 8-1 through 8-2:** Remove these pages and substitute pages 8-1
through 8-2, attached.

Paragraph 8.04 has been revised to reflect that those requests for
foreign field examinations by the Department of State for foreign
beneficiaries which were formerly processed by the Washington Regional
Office are now processed by the Pittsburgh Regional Office.

**Pages 11-II-1 through 11-II-3 :** Remove these pages and substitute
pages 11-II-1 through

11-II-3, attached.

Paragraphs 11.12a. and b. have been revised to show that correspondence
requesting service to be performed in foreign countries by embassies and
consulates, or in Canada by the Canadian Department of Veterans Affairs,
should be e-mailed to the Veterans Services Staff at VACO for forwarding
to the appropriate foreign service post. The exception to this will be
the Houston RO, who will forward requests directly to the appropriate
foreign service post.

Paragraph 11.15 is revised to show that requests for medical
examinations to be performed by the Department of State for foreign
beneficiaries will be handled by the Pittsburgh RO for all cases other
than those under jurisdiction of the Houston RO and the White River
Junction VAM&ROC.

Rescission: Change 67

Change 70

> 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)

Veterans Benefits Administration M21-1, Part III

**Department of Veterans Affairs Change 113 Erratum**

**Washington, D.C. 20420 February 12, 2004**

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

**Transmittal Sheet:** Remove and insert transmittal sheet attached.

The original transmittal failed to note the revision to paragraph
2.06b., which indicates that residence of the dependent of a veteran
will have no effect on jurisdictional requirements unless the veteran is
deceased and the dependent is the primary beneficiary.

Distribution: RPC: 2068

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

**LOCAL REPRODUCTION AUTHORIZED**

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

# Department of Veterans Affairs Change 113 Erratum

**Washington, DC 20420 February 12, 2004**

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

**Pages 2-II-3 through 2-II-4**: Remove these pages and substitute pages
2-II-3 through 2-II-4, attached.

Paragraph 2.06 has been revised to show that those foreign cases
formerly under the jurisdiction of the Washington Regional Office are
now under the jurisdiction of the Pittsburgh Regional Office.

Paragraph 2.06b. is revised to indicate that residence of the dependent
of a veteran will not affect jurisdictional requirements unless the
veteran is deceased and the dependent is the primary beneficiary.

**Pages 8-1 through 8-2:** Remove these pages and substitute pages 8-1
through 8-2, attached.

Paragraph 8.04 has been revised to reflect that those requests for
foreign field examinations by the Department of State for foreign
beneficiaries which were formerly processed by the Washington Regional
Office are now processed by the Pittsburgh Regional Office.

**Pages 11-II-1 through 11-II-3 :** Remove these pages and substitute
pages 11-II-1 through

11-II-3, attached.

Paragraphs 11.12a. and b. have been revised to show that correspondence
requesting service to be performed in foreign countries by embassies and
consulates, or in Canada by the Canadian Department of Veterans Affairs,
should be e-mailed to the Veterans Services Staff at VACO for forwarding
to the appropriate foreign service post. The exception to this will be
the Houston RO, who will forward requests directly to the appropriate
foreign service post.

Paragraph 11.15 is revised to show that requests for medical
examinations to be performed by the Department of State for foreign
beneficiaries will be handled by the Pittsburgh RO for all cases other
than those under jurisdiction of the Houston RO and the White River
Junction VAM&ROC.

Rescission: Change 67

Change 70

> 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)

**February 5, 2004 M21-1, Part III**

#  Change 113

\(1\) If a rating has not yet been prepared, cancel the 110 or 010 diary
and clear an EP 400. Send a letter explaining that VA cannot pay
compensation for a person on active duty.

\(2\) If a rating was prepared, cancel the 110 or 010 diary. Establish a
new EP 110 or 010 using the date the notification of non-separation is
received as the date of claim. Deny the claim as still on active duty,
and take the EP 110 or 010 as appropriate. In these situations, destroy
any unpromulgated rating documents but leave any accumulated evidence
(examination reports) in the claims folder.

**2.04 OBSOLETE APPLICATION FORMS**

Occasionally a claim will be filed on a form no longer in use. Consider
this a valid claim, although it may be necessary to request completion
of VA Form 21-526 or other forms for submission of additional evidence
to complete the claim.

**2.05 CLAIMS FOR SPECIAL BENEFITS**

a\. VA Form 21-4502, Application for Automobile or Other Conveyance and
Adaptive Equipment Under 38 U.S.C. 3901-3904. See part IV, paragraph
23.08.

b\. VA Form 26-4555, Veteran\'s Application in Acquiring Specially
Adapted Housing or Special Home Adaptation Grant Under Title 38 U.S.C.
2101(a) or (b). See part IV, paragraph 23.07.

c\. VA Form 21-8678, Application for Annual Clothing Allowance Under 38
U.S.C. 1162. See part IV, paragraph 25.09.

**2.06 FOREIGN CLAIMANTS**

a\. **Veteran Residing in a Foreign Country.** Refer a claim filed by a
beneficiary residing outside the jurisdiction of any other regional
office (RO) to the Pittsburgh RO, with the following exceptions:

-   the Manila RO (for a claim filed by a resident of the Philippines)

-   the Houston RO (for a claim filed by a resident of Mexico, Central
    and South America, and the Caribbean), or

-   the White River Junction VAM&ROC (for a claim filed by a resident of
    Canada). See part II, paragraph 4.01.

    b\. **Dependent Residing in Foreign Country.** Residence of a
    dependent of a veteran, will have no effect on the jurisdictional
    requirements which are determined solely by the veteran\'s residence
    and entitlement, unless the veteran is deceased and the dependent is
    the primary beneficiary. See part IV, paragraph 19.08.

    **2.07 EMPLOYEE-VETERAN CLAIMS**

    The procedures in this paragraph will cover those employee-veterans,
    including work-study program participants who are employed in close
    proximity with VBA employees, for whom VA Form 20-0344a,
    "Notification of an Employee or Employee-Relative Claims File," is
    prepared. See part II, paragraph 4.07 for permanent transfer
    procedures and offices of jurisdiction. All VBA employee claim
    folders will be maintained in locked files.

    **Note**: If the Veterans Service Center Manager (VSCM) determines
    that a potential conflict of interest exists in a nonemployee case,
    transfer the claims folder to the regional office of jurisdiction
    designated in employee-veteran cases. Annotate the VA Form 70-7216a,
    "Request for and/or Notice of Transfer of Veterans\' Records," to
    read "Transfer Due to Potential Conflict of Interest."

    a\. **Initial** **Security Procedures for Employee-Veterans**

    \(1\) **Completion of VA Form 20-0344.** VA Form 20-0344, "Annual
    Certification of Veteran Status and Veteran-Relatives," must be
    completed as part of the induction process by all newly-hired
    employees to include **2-II-3**

    **February 5, 2004 M21-1, Part III**

#  Change 113 {#change-113-1 .unnumbered}

-   VBA employees (and work-study program participants who are employed
    in close proximity with VBA employees), and

-   employees of other VA organizations co-located with a VBA facility,
    such as VAMROC employees.

    **Note**: Veteran-relatives who must be reported on VA Form 20-0344
    include spouse, children, parents, and siblings.

    \(2\) **Referral to the Information Security Officer (ISO).** Once
    the VA Form 20-0344 is completed, it is referred to the ISO who

-   prepares VA Form 20-0344a, "Notification of an Employee or
    Employee-Relative Claims File," for each employee-veteran claims
    file

-   ensures that the

-   employee's claims file is appropriately linked to his/her BDN access
    number, and

-   appropriate BDN sensitivity level is assigned to each claims' record
    identified (see M20-4, Handbook 1, Change 1, Appendix C- Levels of
    Sensitivity), and

-   forwards a copy of VA Form 20-0344a to the

-   local VSCM to initiate action to transfer the file to the
    appropriate sister station (see part II, paragraph 4.07 and Fast
    Letter 01-59), if the file is located at the home office, or

-   VSCM at the office where the folder is located, if it is not located
    at the home office.

**Note:** The veteran's BDN records are electronically "locked" as soon
as the ISO prepares VA Form 20-0344a.

b\. **Action Prior to Transfer of Claims Folder to Proper Office**

\(1\) Receipt of VA Form 20-0344a will require review of the veteran\'s
claims folder to determine if any further action on a pending issue is
in order. If so, this will be done, including any necessary physical
examination. VA Form 20-0344a should be reverse-filed on the right hand
side of the veteran's claims folder.

> \(2\) Request examination of VA employee-veterans at a station other
> than where they are employed. Service Center managers are authorized
> to waive this requirement if they deem it advisable. File a memorandum
> signed by the person waiving the requirement, explaining the reasons
> therefor, in the claims folder. See also part VI, paragraph 1.02d.

\(3\) If, in processing a request for a physical examination, medical
installations ascertain that the veteran is also an employee of the
station in which the examination is to be conducted, the medical
facility will return the request to the originating office with a
notation of that fact. That office will make other arrangements unless
proper authority is provided by the VSCM for the examination to be
conducted at the employing station.

c\. **Transfer of Employee-Veterans Folders**. See part II, paragraph
4.07.

d\. **Claims Filed in Absence of VA Form 20-0344a**. If a claim is filed
by an employee-veteran for whom no VA Form 20-0344a has been received,
take action as described in subparagraphs b and c above and request that
the employee complete VA Form 20-0344 and submit it to the ISO. The ISO
will then prepare VA Form 20-0344a and forward a copy to the VSCM. See
also subparagraph 2.07a.

e\. **Claims Involving Only Hospital Treatment**. If the only claim is
for hospital treatment, retain the claims folder at the regional office
until a claim requiring adjudicative action is received. Then take
action as described in subparagraphs b and c above. Develop claims for
outpatient medical and dental treatment, claims involving questions of
character of discharge and discharge for disability incurred in line of
duty. Then forward the claim to the regional office of jurisdiction for
final adjudication of the claim.

f\. **Temporary Transfer of Employee-Veterans Claims Folders**. If a VBA
employee\'s claims folder is received at the regional office in which he
or she is employed, it will be immediately reviewed to ensure there is a

**2-II-4**

**February 5, 2004 M21-1, Part III**

#  Change 113

**CHAPTER 8. REQUESTS FOR FIELD EXAMINATIONS**

**8.01 GENERAL**

Field examinations may be requested for various purposes including but
not limited to: checking on history of employment or social adjustment;
substantiating existence of disease or injury prior to enlistment (pt.
VI, ch. 1); resolving status of dependents or marital status; and
checking on a veteran\'s ability to handle funds competently (pt. IV,
ch. 18). Field examinations may be in order any time there is an
unresolvable conflict of evidence in a file.

**8.02 COMPLETION OF FIELD EXAMINATION REQUESTS**

Request field examinations on VA Form 27-3537a, \"Field Examination
Request,\" and include the following information in the \"Facts to be
Established\" part of the form:

a\. Indicate the purpose of the field examination in language that is as
specific and complete as circumstances permit.

b\. Indicate the period of service on which the claim is based and the
nature of the claim.

c\. Provide a summary of the material facts with names and addresses of
witnesses to be contacted and other known and probable sources of
evidence. If evidence in the file is conflicting, clearly state the
conflict.

d\. If entitlement depends on a marriage, identify the evidence of
record pertaining to such marriage and any prior marriages of the
parties. State whether or not further evidence as to the validity or
termination of the marriage is needed.

e\. If verification of any previous statement is required, attach a copy
of the statement. If authenticity of a document is in question, furnish
the original of the document.

f\. In requests for medical, social or industrial history of the veteran
or incapacitated child, include the period to be covered and as much of
the following as is known:

\(1\) Names and addresses of all physicians alleged to have provided
treatment.

\(2\) The period of treatment.

\(3\) The names of physicians who have submitted statements, indicating
whether or not to contact them (attaching copies of statements).

\(4\) The addresses of the veteran or incapacitated person during the
period.

> \(5\) The names and addresses of employers and periods of employment.

g\. To facilitate identification of the particular person concerned,
provide all information of record as to his or her full name (including
nickname and any other name by which the person was known, and maiden
and married surnames of women) and date of birth.

h\. If any of the information listed above is not available, provide the
best possible leads.

8-1

**February 5, 2004 M21-1, Part III**

#  Change 113

**8.03 ROUTING OF FIELD EXAMINATION REQUESTS**

a\. Prepare field examination requests in duplicate. Retain one copy in
the claims file. Send the original, signed copy to the Fiduciary and
Field Examination Unit at the regional office (RO) having jurisdiction
over the area where development is first required.

b\. When a completed field examination report is received, send it to
the authorization element or rating board that requested it.

**8.04 REQUESTS FOR FOREIGN FIELD EXAMINATIONS**

a\. Requests for foreign field examinations by the Department of State
for foreign beneficiaries are processed by the Pittsburgh RO, except
those cases for residents of Mexico and countries in South America,
Central America, and the Caribbean, which are handled by the Houston RO,
and cases for residents of Canada, which are handled by the White River
Junction VAMRO&C.

b\. Send a request for a foreign field investigation to the Fiduciary
and Field Examination Unit of either the Pittsburgh RO, the Houston RO
or the White River Junction VAMRO&C, which will, in turn, forward the
request directly to the involved embassy or consulate or to Veterans
Affairs Canada.

c\. Refer to part IV, chapter 34, for information concerning requests
for field examinations in Philippine cases.

**8-2**

**February 5, 2004 M21-1, Part III**

#  Change 113

**SUBCHAPTER II. CORRESPONDENCE WITH DEPARTMENT OF STATE**

**AND FOREIGN ADDRESSEES**

**11.11 CORRESPONDENCE TO FOREIGN ADDRESSEES AND ADDRESSEES OUTSIDE
CONTINENTAL UNITED STATES**

a\. **Correspondence Addressed to Persons Residing in Territories,
Possessions, Etc., of the United States.** Forward correspondence to
addressees residing outside the continental United States, including
residents of Puerto Rico and Hawaii, to the mail activity for direct
airmailing.

b\. **Correspondence Addressed to Residents of Foreign Countries.**
Mailing codes similar to US Zip codes are used by some foreign
countries. When sending a letter to an addressee in such a country,
include the mailing code in the address. Since foreign mail requires
additional postage, separate it from other mail and mark it as foreign
mail. If mail is sent registered or certified with return receipt
requested or the services of the Department of State are desired, follow
the procedures in paragraph 11.13.

c\. **Correspondence Bearing Army - Air Force Post Office (APO) or Fleet
Post Office (FPO) Address.** Forward correspondence bearing APO or FPO
addresses directly to the addressee unless the services or attention of
the Department of State is required. If such services are required,
include the city and country in the address and follow the procedures in
paragraph 11.14.

**11.12 CORRESPONDENCE ADDRESSED TO THE DEPARTMENT OF STATE**

a\. **General.** All correspondence requesting services to be performed
in foreign countries by embassies or consulates or in Canada by the
Canadian Department of Veterans Affairs (CDVA) will be over the
signature of the Veterans Service Center Manager and e-mailed to the
Veterans Services Staff, VACO, VAVBAWAS/CO/OUTREACH.

b\. **Exceptions.** The Houston regional office (RO) will forward such
requests directly to the involved embassy or consulate or to the CDVA.
Medical examination requests will be processed as directed in paragraph
11.15. Field examination requests will be processed as directed in
M21-1MR, Part XI, Chapter 2.

c\. **Replies to Communications from Department of State**

\(1\) If replying to a communication from the Department of State in
which there was an operations memorandum enclosed, include reference to
the name of the post and the date of the operations memorandum in the
letter. If the incoming communication enclosed a diplomatic note or
memorandum from a foreign embassy or legation located in Washington, DC,
make specific reference to the note or memorandum in the letter. Include
the date of the note or memorandum and the name of the embassy or
legation involved.

\(2\) Individual case inquiries from the Department of State, American
embassies or consulates and the CDVA require a response. An award letter
or locally generated letter to the beneficiary does not preclude the
requirement for a response to the requesting office. In many instances,
an information copy of the response to the beneficiary can be considered
as an acceptable response to the requesting office. Case inquiries are
controlled by the requesting offices and are considered outstanding
until a response is received from VA.

**11-II-1**

**February 5, 2004 M21-1, Part III**

#  Change 113

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

a\. **General.** The Treasury Department maintains a list of countries
to which Treasury checks may not be sent since there is no reasonable
assurance the payee will actually receive and be able to negotiate a
check for full value. The countries to which the prohibition against
delivery of checks currently applies are listed below. While checks may
not be sent to these countries, correspondence may be sent to persons
living there although there is reasonable doubt that the individual will
get the mail. In correspondence outside VA, the term \"blocked\" country
will not be used. Instead, use the term \"listed.\"

Democratic People\'s Republic of Korea (North Korea)

Republic of Cuba (Cuba)

b\. **Policy.** The prohibition against delivery of checks in \"listed\"
countries will not preclude the development and adjudication of claims
filed by residents of such countries, other than citizens of the United
States, provided the requirements of subparagraph c below are met.
Currently, the Department of State does not maintain offices in the
countries listed in subparagraph a above. Limit claims development for
those countries without a State Department Office only to direct
correspondence with the claimant.

c\. **Claims Development.** If a claimant residing in one of the
countries listed in subparagraph a above, on his or her own initiative,
requests that benefit checks show a Foreign Service post address in an
unlisted country, develop and adjudicate an original or reopened claim.
The request must specify the Foreign Service post to which checks are to
be forwarded and that the claimant will take delivery there in person.
In the absence of such a request, disallow the claim as provided in 38
CFR 3.653(c). If full development of the case would require the services
of the Department of State and the claimant resides in one of the
countries listed in subparagraph a above, disallow the claim without
further development.

**11.14 SERVICES BY DEPARTMENT OF STATE**

a\. Services by the Department of State through Consular Officers at
American Embassies and consulates, including investigations in foreign
countries, generally will be without cost to VA. If it is necessary to
incur expense, that agency will so inform VA. Expense authorization
procedures are outlined in [M21-1MR, Part XI, 2.B.5.]{.underline}

b\. The following actions may be taken by the Consular Officers:

\(1\) Furnish general information and assistance, including assistance
to claimants, beneficiaries and apportionees in the preparation of
applications for benefits.

\(2\) Inspect and approve institutions for pursuit of courses of
instruction by children between the ages of 18 and 23.

\(3\) If requested by VA, investigate and develop claims and perform
other services in connection with a claim.

\(4\) Administer oaths for VA purposes.

\(5\) Take action as requested by the Under Secretary for Benefits or
designee on matters involving guardianship.

**11-II-2**

**February 5, 2004 M21-1, Part III**

#  Change 113

\(6\) Make arrangements for physical examinations as requested by the
appropriate VARO or VAM&ROC.

**11.15 MEDICAL EXAMINATION REQUESTS FOR FOREIGN BENEFICIARIES**

Pittsburgh RO handles requests for medical examinations to be performed
by the Department of State for foreign beneficiaries with two
exceptions: Mexican, South and Central American and Caribbean cases,
which are handled by the Houston RO, and Canadian cases, which are
handled by the White River Junction VAM&ROC. Send a request for a
medical examination to the appropriate RO above. Submit the request on
VA Form 21-2507, "Request for Physical Examination," and annotate it to
show the appropriate references from the *VA Physician\'s Guide for
Disability Evaluation Examinations*.

**11.16 TRANSLATION OF FOREIGN CORRESPONDENCE AND DOCUMENTS**

See paragraph 1.13.

**11-II-3**