# Veterans Benefits Administration M21-1, Part IV

# Department of Veterans Affairs Change 196

**Washington, DC 20420 March 31, 2004**

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

**Page 34-i**: Remove this page and substitute page 34-i, attached.

**Pages 34-I-1 through 34-C-3**: Remove these pages and substitute pages
34-I-1 through 34-C-3, attached.

Paragraphs 34.03 and 34.04 are revised to update the terms Adjudication
Officer and Adjudication to Veterans Service Center Manager and Veterans
Service Center. Miscellaneous editorial corrections are also made
throughout the chapter.

Paragraphs 34.07, 34.18, 34.19, and 34.20 are revised to show that
Special Philippine Scouts, like other Filipino veterans, are now
entitled to compensation at the full-dollar rate and burial benefits if
they reside in the United States as United States citizens or as aliens
lawfully admitted for permanent residence (Veterans Benefit Act of 2003,
Public Law 108-183). Public Law 108-183 also allows service-connected
death benefits be paid at the full-dollar rate to survivors of veterans
who served in the Special Philippine Scouts, Commonwealth Army of the
Philippines, or organized guerilla groups if survivors reside in the
U.S. as citizens, or aliens lawfully admitted for permanent residence.

Chart A. VA Benefits in the Philippines, is revised to show the groups
of Filipino veterans and their survivors who are entitled to full dollar
payment and burial benefits under Public Law 108-183.

Exhibit A---Residency Verification Report---Veterans and Survivors
(Sample), is revised to include Special Philippine Scouts entitled to
disability compensation benefits at the full-dollar rate under Public
Law 108-183, and survivors entitled to DIC benefits at the full-dollar
rate under Public Law 108-183. This is a sample of a form letter that
will be available in the near future.

> 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)

**March 31, 2004 M21-1, Part IV**

**Change 196**

**CHAPTER 34. PHILIPPINE CASES**

**CONTENTS**

PARAGRAPH PAGE

**SUBCHAPTER I. JURISDICTION AND DEVELOPMENT**

34.01 Scope 34-I-1

34.02 Abbreviations 34-I-1

34.03 Correspondence 34-I-2

34.04 Service Information 34-I-2

34.05 Guerrilla Service 34-I-4

34.06 14th Infantry, Army of the United States 34-I-5

34.07 Eligibility for Benefits 34-I-5

34.08 Requests for Field Examinations 34-I-6

34.09 Forfeiture of Rights; Clearance of Persons Who Resided in Enemy
Territory 34-I-6

34.10 Relationships 34-I-7

34.11 Dependency of Parents 34-I-7

34.12 Income of Parents\' DIC Claimants 34-I-8

34.13 Evidence 34-I-8

**SUBCHAPTER II. UNIQUE CIRCUMSTANCES**

34.14 Letters Alleging Nonentitlement 34-II-1

34.15 Request for Appointment of Fiduciary for Child Pending

Determination of Surviving Spouse\'s Entitlement 34-II-1

34.16 Recognition of Alleged Service Denied or Withdrawn 34-II-1

34.17 Transfer of Folders to and From Manila Regional Office 34-II-1

34.18 Awards Payable at the Half-Rate 34-II-1

34.19 Payment of Compensation Benefits at the Full-Rate to Certain
34-II-3

United States Residents

34.20 Payment of Burial Benefits at the Full-Rate Based on Service of
Certain 34-II-6

United States Residents

**CHART AND EXHIBIT**

Chart A---VA Benefits in the Philippines 34-C-1

Exhibit A---Residency Verification Report---Veterans and
Survivors(Sample) 34-C-2

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**Change 196**

**CHAPTER 34. PHILIPPINE CASES**

**SUBCHAPTER I. JURISDICTION AND DEVELOPMENT**

**34.01 SCOPE**

a\. This chapter prescribes procedure for use in the adjudication of all
claims for benefits based on military service as shown below.

\(1\) Regular Philippine Scouts (enlisted prior to October 6, 1945) and
Insular Forces of the US. Navy.

\(2\) Special Philippine Scouts enlisted on or after October 6, 1945,
under Public Law 190, 79th Congress.

\(3\) Commonwealth Army of the Philippines (while such forces were
included in the Armed Forces of the United States, from July 26, 1941,
through June 30, 1946).

\(4\) Guerrilla groups prior to July 1, 1946.

b\. Jurisdiction of Philippine cases based on service listed in
subparagraphs a(2),(3), and (4) above is restricted to the Manila
regional office. (See pt. II, pars. 4.01b and 4.02e.) The jurisdiction
of claims based on service in subparagraph a(1) above or with the Armed
Forces of the United States is determined by the area of residence
jurisdiction. (See pt. II, par. 4.01a.)

**34.02 ABBREVIATIONS**

Whenever used, the abbreviations listed below refer to:

AFWESPAC Armed Forces Western Pacific

AGRD Adjutant General Records Depository (formerly Recovered

Personnel Division)

AUS Army of the United States

BC Bureau of Constabulary (Japanese puppet organization)

CIC Counter Intelligence Corps

GAD Guerrilla Affairs Division

HNDF Headquarters, National Defense Forces of the Philippines

MD Military District

MPA Missing Persons Act --- Public Law 490, 77th Congress

NCS No Casualty Status

OSI Office of Special Investigation (U.S. Air Force Organization)

PA Philippine Army (Commonwealth Army of the Philippines)

PHILCOM Philippine Command

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**Change 196**

POW Prisoner of War

PS Philippine Scout

SR&D Status, review and determination

USAFFE United States Armed Forces in the Far East

**34.03 CORRESPONDENCE**

a\. **Direct Response.** Send letters to residents of the Philippines
directly to the addressee via airmail.

b\. **Correspondence with the Philippine Embassy, Washington, DC**

\(1\) Prepare replies to correspondence received directly from the
Philippine Embassy over the signature of the Veterans Service Center
Manager and address the reply to:

Bureau of Consular Affairs

The Department of State

Washington, DC 20520

ATTENTION: Federal Benefits Section

\(2\) Include the following statement in the replies:

\"The Philippine Embassy may be informed\....\"

c\. **Correspondence With the Philippine Department of State, Manila**

\(1\) Regional offices other than the Manila regional office will direct
replies to correspondence received from the Philippine State Department,
Manila, as shown in paragraph b above.

\(2\) Replies made by the Manila regional office may be addressed
directly to the originator and released locally as provided by U.S.
Embassy, Manila, directives.

**34.04 SERVICE INFORMATION**

a\. **General**

\(1\) The service information referred to in this paragraph relates to:

\(a\) Service with the Commonwealth Army of the Philippines on or after
July 26, 1941, and prior to July 1, 1946 (during which period that force
was a part of the Army of the United States by virtue of the Executive
order of the President, dated July 26, 1941), and

\(b\) Service on and after December 7, 1941, as a Regular Philippine
Scout.

\(2\) Take final action (award or disallowance, as well as certification
of pending appeals) on claims based on service in the Philippine Army
only on the basis of certifications of service made by the Department of
the Army on or after February 11, 1950.

\(3\) Recertifications of service are not required for Navy cases or
Regular Philippine Scouts except 14th Infantry, AUS cases. (See par.
34.06.)

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**Change 196**

b\. **Source.** Requests for service, medical, death and loyalty data in
new claims processed through the Manila regional office are made by the
Veterans Service Center in that office. If a new claim is received in a
regional office without having been processed through the Manila
regional office and an initial or supplemental request for information
is required, prepare the request as specified below. (See par. 34.01b.)

\(1\) **Preparation of VA Form 2l-3101, Request for Information.** Under
\"Type of Claim\" enter the appropriate legend as follows, depending on
the information desired in the particular case:

\(a\) PHILIPPINE SERVICE.

\(b\) PHILIPPINE LOYALTY.

\(c\) PHILIPPINE MEDICAL.

\(2\) **Loyalty Data.** Do not make a request for a loyalty check based
on the possibility of loyalty board proceedings when no derogatory
information is contained in a report previously prepared by the AGRD. In
cases processed in the Manila regional office, a loyalty check will not
be requested when neither the veteran\'s nor claimant\'s name appears in
the microfilm file of loyalty board proceedings.

\(a\) If claims are processed at other than the Manila regional office a
loyalty clearance must always be requested. Request the claimant
complete VA Form 21-4169, Supplement to VA Forms 21-526, 21-534 and
21-535. Send a photostat of the claim, including VA Form 21-4169, by OF
41 to the Manila regional office for review of the microfilm index of
loyalty status files. Bear in mind that claims involving Philippine Army
service, regular guerrilla service and special Philippine Scout service
are to be processed only at the Manila regional office.

[1]{.underline}. While checking the microfilm index of loyalty status
files, the Manila regional office will make an index search to determine
if the claimant previously forfeited entitlement or should be considered
for forfeiture of benefits by reason of fraudulent action in another
claim. The Manila regional office will annotate positive or negative
search data, including any identifying numbers shown in the microfilm
index, on the OF 41 before returning it to the requesting regional
office.

[2]{.underline}. If the claimant has been identified by index search as
a person who has assisted another in a false claim warranting forfeiture
consideration or if positive search data are found in the loyalty
microfilm index, transfer the claims folder to the Manila regional
office for further development relative to forfeiture. If appropriate,
the Manila office will submit the claims folder to Director,
Compensation and Pension Service (211B) for forfeiture consideration.

\(b\) Prepare VA Form 21-3101 if information concerning loyalty (pt.
III, par. 1.11d) is needed. Send VA Form 21-3101 to Washington National
Records Center, GSA, Washington, DC 20409. Show any identifying numbers
on the microfilm in the top margin of VA Form 21-3101 so that loyalty
status files can be located without further search of the alphabetical
index.

\(3\) **Loyalty and Service Data.** If questions concerning loyalty and
service are involved in the same case, prepare a separate VA Form
21-3101 for each request.

**NOTE:** In the case of a living veteran, do not routinely request
loyalty data when the Armed Forces have certified the veteran had
recognized service as a \"civilian Guerrilla\" only (par. 34.05a). In
the absence of evidence to the contrary, accept the certification of
recognized guerrilla service as a determination of loyalty during the
period of service shown.

c\. **Conflicting Service or Date of Death Information.** If VA has
obtained information deemed reliable which conflicts with information
relating to service, cause or date of death or circumstances of injury
in

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**M21-1, Part IV March 31, 2004**

**Change 196**

service obtained from the service department, bring the conflicting
information to the attention of the US. Army Reserve Personnel Center
(DARP-PAS-EAP), 9700 Page Boulevard, St. Louis, Missouri 63132 for
reconsideration.

\(1\) If the service department makes a redetermination, it will furnish
a statement on supplemental VA Form 21-3101 that the redetermination
supersedes determinations previously submitted.

\(2\) If VA makes a finding of death for pension, compensation or DIC
purposes which is not in agreement with that made by the service
department, notify the US. Army Reserve Personnel Center DARP-PAS-EAP,
by letter, of the date of death as determined by VA and the basis on
which the determination was made.

**NOTE:** The provisions of this subparagraph regarding service data are
not applicable if evidence is received which purports to establish
civilian guerrilla service, inasmuch as guerrilla rosters have been
closed and will not be reopened.

d\. **Death Certificates Signed by Basilio Hernandez.** Death
certificates signed by Basilio Hernandez or other officers of the
Philippine Army were issued at the request of next of kin and were based
on their affidavits which were frequently false or incorrect. Do not
accept such certificates as official reports of death unless verified by
the service department. When so verified, accept the date of the
certificate as the date of the report of death.

e\. **Arrears of Pay Data.** Request information regarding the
distribution of arrears in pay of persons who served in the Philippine
Army, Regular Philippine Scouts or US. Army on VA Form 21-3101.

**34.05 GUERRILLA SERVICE**

a\. **Definition of Guerrilla.** A guerrilla is a person who served in a
unit which resisted the Japanese after capitulation of the Armed Forces.

\(1\) Such unit must have been under a commissioned officer of the US.
Army, Navy or Marine Corps or under a commissioned officer of the
Philippine Army who was recognized by and cooperating with United States
forces.

\(2\) A guerrilla who also had service in the Armed Forces of the United
States (including Regular Philippine Scouts) or the Philippine Army is
referred to as a \"USAFFE guerrilla.\"

\(3\) A person who provided no service other than with a guerrilla unit
is referred to as a \"Civilian guerrilla.\"

b\. **Service Requirements.** Guerrilla service is divided into three
categories:

\(1\) Service recognized by GAD as shown on a reconstructed troop
roster, casualty roster or individual letter of recognition. This type
is usually certified by the service department as \"Recognized guerrilla
service\" and is compensable.

\(2\) Guerrilla service not recognized by GAD but served in a guerrilla
unit under the command of a commissioned officer of the US. Armed Forces
(including the Regular Philippine Scouts) or in the Philippine Army.
This type will be certified by the service department as \"Unrecognized
guerrilla service under \" (naming the officer and, if the officer was a
member of the Philippine Army, giving the officer\'s rank and
organization). This service is compensable only if the person was a
former member of the U.S. Armed Forces (including the Regular Philippine
Scouts) or the Philippine Army.

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**Change 196**

\(3\) Guerrilla service not recognized by GAD and not served under a
commissioned officer of the U.S. Armed Forces or Philippine Army is
certified as \"Unrecognized anti-Japanese activity\" and is not
compensable. However, when the person was a former member of the U.S.
Armed Forces (including the Regular Philippine Scouts) or the Philippine
Army and the injury or death is found to have been inflicted by the
Japanese because of unrecognized anti-Japanese activity, it will be
considered incurred in active service for VA benefits (38 CFR 3.9(b)).

c\. **One-Day Recognition.** Recognition for 1 day is sometimes given by
the service department to a person who is listed on a casualty roster.
(See subpar. b(1) above.) The date of casualty may have been before the
beginning date of recognition or after the terminal date of recognition
of the unit. Accept the certification by the service department in such
cases to establish active service for the 1 day.

d\. **Guerrilla Rosters.** The reconstructed guerrilla rosters were
closed as of June 30, 1948. On August 9, 1949, the President of the
United States informed the President of the Philippines that the
Philippine guerrilla rosters would not be reopened.

**34.06 14TH INFANTRY, ARMY OF THE UNITED STATES**

Do not give recognition to service in the 14th Infantry, AUS, (as
distinguished from other 14th Infantry organizations) unless an
affirmative recertification dated August 1, 1953, or later is of record.
When a previous certification of 14th Infantry, AUS, service is
withdrawn, action on pending claims and running awards will depend on
whether there was other compensable service in the Philippine Army,
Philippine Scouts or guerrilla organization.

**34.07 ELIGIBILITY FOR BENEFITS**

a\. **United States Army.** All benefits based on existing laws are
payable based on this type service. Benefits are payable at the full
rate authorized by applicable law.

b\. **Philippine Scouts**

\(1\) Regular Philippine Scouts who enlisted prior to October 6, 1945,
are entitled to the same benefits as U.S. Army veterans and their
dependents are eligible under all applicable laws. Benefits are payable
at the full rate authorized by applicable law.

\(2\) Special Philippine Scouts whose only service commenced on or after
October 6, 1945, under section 14, Public Law 190, 79th Congress, are
only entitled to service-connected compensation and clothing allowance
benefits. However, the Veterans Benefit Act of 2003 (Public Law 108-183)
now allows full payment of disability compensation to Special Philippine
Scouts and payment of burial benefits if they reside in the United
States as United States citizens or as aliens lawfully admitted for
permanent residence. Public Law 108-183 also allows full payment of
service-connected death benefits to surviving spouses of Special
Philippine Scouts if the survivors reside in the United States as United
States citizens or as aliens lawfully admitted for permanent residence.
The amendment applies to benefits paid for months beginning after
December 16, 2003.

c\. **Commonwealth Army of the Philippines (Philippine Army)**

\(1\) The organized military forces of the Government of the Philippines
were ordered into the service of the Armed Forces of the United States
by the President on July 26, 1941. This order was not effective from the
date of its issuance but \"From and after the dates and hours,
respectively, indicated in orders to be issued

from time to time by the General Officer, United States Army, designated
by the Secretary of War.\" Service of the Philippine Army in the Armed
Forces of the United States was terminated June 30, 1946, by military
order of the President dated July 1, 1946.

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**M21-1, Part IV March 31, 2004**

**Change 196**

\(2\) Veterans with service in the Commonwealth Army of the Philippines
are entitled only to service-connected compensation and clothing
allowance benefits. Survivors of a person whose sole service was in the
Philippine Army are eligible to receive service-connected death benefits
and, since April 25, 1951, burial allowance but are not entitled to
death pension.

\(a\) Benefits are payable at a rate equivalent to \$0.50 for each
dollar authorized to be paid, except as provided in subparagraph (3).

\(b\) If the service department certifies that Philippine Army service
was followed by AUS service and disability or death was the result of
the AUS service, benefits are payable at the full rate and income is
computed at the full rate.

\(3\) If the veteran resides in the U.S. or resided in the U.S. at the
time of death, disability compensation and burial benefits may be
payable at the full-dollar rate. If the surviving spouse resides in the
U.S. as a U.S. citizen or alien lawfully admitted for permanent
residence, service-connected death benefits are payable at the
full-dollar rate (Public Law 108-183). The amendment applies to benefits
paid for months beginning after December 16, 2003. See paragraph 34.19.

d\. **Guerrilla Service.** Veterans who provided acceptable guerrilla
service either as \"USAFFE guerrillas\" or \"Civilian guerrillas\" are
eligible to receive service-connected compensation and clothing
allowance benefits. Their dependents are eligible to receive
service-connected death benefits and, since April 25, 1951, burial
allowance. Benefits are payable at a rate equivalent to \$0.50 for each
dollar authorized to be paid under the applicable law (38 U.S.C.
107(a)). However, if the veteran resides in the U.S. or resided in the
U.S. at the time of death, disability compensation and burial benefits
may be payable at the full-dollar rate. See paragraph 34.19. If the
surviving spouse resides in the U.S. as a U.S. citizen or alien lawfully
admitted for permanent residence, service-connected death benefits are
payable at the full-dollar rate (Public Law 108-183). The amendment
applies to benefits paid for months beginning after December 16, 2003.

**34.08 REQUESTS FOR FIELD EXAMINATIONS**

a\. Field examinations may be requested for development of such aspects
as service connection for cause of death, marital status, forfeiture,
dependency, U.S. residency, citizenship, or permanent resident alien
status and, when in order, further development of the question of
loyalty.

b\. Do not request a field examination in Philippine cases to:

\(1\) Investigate the facts of military service, such as to obtain
evidence if the alleged serviceman was a veteran within the meaning of
laws administered by VA, except in special cases when the request will
be approved by the Veterans Service Center Manager (VSCM) or designee or

\(2\) Secure any evidence obtainable by use of PIES including type,
period, interruptions in and manner of termination of military service,
clinical records of United States or Philippine Army hospitals and
arrears in pay claims, unless the VSCM or designee finds the required
evidence cannot be secured in this manner.

**34.09 FORFEITURE OF RIGHTS; CLEARANCE OF PERSONS WHO RESIDED IN
ENEMY**

**TERRITORY**

a\. **Clearance Required.** A loyalty clearance will always be necessary
when forfeiture of benefits may be declared under the provisions of 38
U.S.C. 6104 or as required in connection with payments under 38 U.S.C.
5308.

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**Change 196**

b\. **Membership in Pro-Japanese Organizations.** A showing of
membership in a pro-Japanese organization on or after December 7, 1941,
is sufficient evidence to justify submission for forfeiture
consideration.

c\. **Derogatory Reports**

\(1\) If the name of the veteran or claimant and the name appearing as
the subject of a derogatory report are identical and not common in the
Philippines and there is nothing of record to disassociate the veteran
or claimant from the subject, submit the claim for forfeiture
consideration. Include the statement \"It appears the veteran (or
claimant) and the subject of the derogatory report are identical.\"

\(2\) In those cases in which the name is common in the Philippines or
in which the similarity of names is only because the first name of the
subject of the derogatory report is shown by an initial which
corresponds to the first letter of the veteran\'s or claimant\'s given
name and there is no information of record which indicates the
probability that the subject and the veteran or claimant are one and the
same, do not consider them as identical. Endorse this fact on the report
and have it signed by a coach.

\(3\) In making a determination, give consideration to the evidence of
record, such as age, place of birth, place of residence, sex, education,
normal occupation, standing in the community and nationality of the
veteran or claimant, in relation to the information contained in the
derogatory report. Give consideration to matters of common knowledge,
local customs and other factors. If there is doubt, obtain further
information by field examination (par. 34.08 and pt. III, par. 8.04).

d\. **Procedure Involving Forfeiture of Benefits.** For procedures on
forfeiture, see chapter 36.

**34.10 RELATIONSHIPS**

a\. Follow the procedure in paragraph 12.05 for tribal marriages in
Philippine cases. Refer domestic relations questions which require legal
opinions (par. 12.02b) to the Regional Counsel, Honolulu.

b\. In all cases, the claimant must furnish original or certified copies
of birth certificates, marriage certificates or divorce decrees to claim
dependents.

**34.11 DEPENDENCY OF PARENTS**

a\. **General Policy.** There is no conclusive presumption of dependency
in claims of residents of the Philippines; however, the provisions of 38
CFR 3.250 relating to general policy are for application. Dependency
will be held to exist when the income of the parent is insufficient to
provide reasonable maintenance. Take the economy of the locality in
which the parent resides into consideration.

b\. **Contributions.** Consider the actual contributions by adult
members of the immediate family who reside outside the claimant\'s
household as income. When contributions are made by members of the
family residing within the household, consider the amount as income that
exceeds the value of room and board furnished such members.

c\. **Pension Paid by the Philippine Veterans Board.** Pension is
payable by the Philippine Veterans Board to surviving spouses and minor
children or indigent parents of veterans of the Philippine Army and
guerrilla organizations, provided such persons are not receiving
compensation from VA.

\(1\) The parents are entitled to this pension only if there is no
surviving spouse or child. Consider pension received from the Philippine
Veterans Board as income in determining dependency.

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**M21-1, Part IV March 31, 2004**

**Change 196**

\(2\) If the parent claimant states application has been made for
Philippine Veterans Board pension and the amount would be material in
determining dependency, the Manila regional office will request
information as to the amount of pension received and the beginning and
ending dates. When claims are properly filed at a regional office other
than Manila, send a letter to the Director, Manila regional office,
requesting information as to amounts and dates of payment.

\(3\) When DIC is authorized to parents in receipt of Philippine
Veterans Board pension, prepare the award with the following statement
shown in Remarks: \"In receipt of Philippine Veterans Board pension.\"
The Manila regional office will notify the Philippine Veterans Board
when awards are made by that office or any other regional office.
Regional offices must furnish a copy of such awards to the Manila
regional office.

d\. **Development of Evidence.** When information contained in the claim
and supporting papers is insufficient, have the claimant furnish
additional evidence. Request a field examination when the evidence
submitted is so conflicting that personal contacts are required to
explain the discrepancies and ascertain the facts.

e\. **Reconsideration of Previous Determinations.** Do not review
previous determinations unless a request for reconsideration or an
appeal is filed.

\(1\) On review, if it is determined that dependency has been
established under existing criteria, prepare an award if otherwise in
order. Use existing laws and regulations to determine the effective date
of the award.

\(2\) If entitlement is established solely by reason of a change in
criteria approved by the Secretary, do not make the effective date of
the award prior to the date of the change.

**34.12 INCOME OF PARENTS\' DIC CLAIMANTS**

The provisions of 38 CFR 3.251 are applicable to claims for DIC by
parents residing in the Philippines. If the claim is based on service as
a Special Philippine Scout, guerrilla or member of the Commonwealth Army
of the Philippines, make payment at a rate equivalent to \$0.50 for each
dollar authorized. The limitations pertaining to annual income will
apply at a rate equivalent to \$0.50 for each dollar.

**34.13 EVIDENCE**

Accept only original affidavits (other than those on standard Government
forms) in support of a Philippine claim. When mimeographed, photocopied
or printed forms of affidavits (other than standard Government forms)
are submitted, notify the claimant they cannot be accepted as evidence
in the claim.

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**Change 196**

**SUBCHAPTER II. UNIQUE CIRCUMSTANCES**

**34.14 LETTERS ALLEGING NONENTITLEMENT**

When letters, anonymous or signed, are received alleging a payee is not
entitled to the benefit being paid, determine if the evidence is
sufficient to warrant terminating benefits.

a\. **Interruption of Payments.** If the letter contains specific
assertions of fact, not mere generalities, and it appears that the
writer has knowledge of the circumstances, complete all necessary
development to include a field examination, if required. If developed
evidence establishes a factual basis for award suspension, follow the
due process procedures in paragraph 36.09 in cases subject to
forfeiture. For all other cases, follow the due process procedures in
chapter 9.

b\. **Noninterruption of Payments.** If the letter contains mere
generalities not requiring development, annotate the letter \"NAN,\"
date and initial it and file it in the claims folder.

**34.15 REQUEST FOR APPOINTMENT OF FIDUCIARY FOR CHILD PENDING**

**DETERMINATION OF SURVIVING SPOUSE\'S ENTITLEMENT**

When there is a surviving spouse with a child or children and an award
is to be made to the children pending the outcome of a field examination
to determine the surviving spouse\'s entitlement or continued
entitlement, prepare VA Form 21-592, \"Request for Appointment of a
Fiduciary, Custodian, or Guardian,\" for the children. These provisions
are not for application in Improved Pension cases when children are in
custody of the surviving spouse as no award for the children may be made
without a determination of the surviving spouse\'s entitlement.

**34.16 RECOGNITION OF ALLEGED SERVICE DENIED OR WITHDRAWN**

When recognition of alleged service is denied or a prior recognition is
withdrawn, disallow the claim or, in the case of a running award,
terminate payments effective date of last payment. Do not include the
appeal paragraph in the notice to the claimant of the action taken under
this paragraph.

**34.17 TRANSFER OF FOLDERS TO AND FROM MANILA REGIONAL OFFICE**

a\. **Transfer Permitted.** The transfer of regular U.S. military
veteran cases to AND from Manila is accomplished in the usual manner.
See M21-1, Part II, paragraph 4.04.

b\. **Transfer Prohibited.** Before requesting a folder from the Manila
regional office, the requesting office will check BIRLS to ensure that
the file is not a Special Philippine Scout, Commonwealth Army, or
Guerrilla and Combination Service case. This can be done by checking the
branch of service code. Service codes are SPS (Special Philippine
Scout), CA (Commonwealth Army) and GCS (Guerrilla and Combination
Service).

**NOTE:** Some of the old cases may show branch of service as ARMY in
error.

**34.18 AWARDS PAYABLE AT THE HALF-RATE**

Jurisdiction for accounts for which payment at a rate equivalent to
\$0.50 for each dollar authorized under the applicable law is required
is invested in the Manila regional office. (The Manila regional office
also has jurisdiction for accounts payable at the full-dollar rate under
Public Law 106-377 and Public Law 108-183. See paragraph 34.19.)

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**March 31, 2004 M21-1, Part IV Change 196**

a\. **Half-Rate Entitlement Only.** Awards under 38 U.S.C. 107 based on
service with organized military forces of the Special Philippine Scouts
will be prepared and processed in the regular manner except that these
awards will be at a rate equivalent to \$0.50 for each dollar authorized
under the applicable law.

b\. **Entitlement on Half-Rate and Full Rate Basis.** If a veteran has
compensable disabilities based on both Commonwealth Army of the
Philippines, Special Philippine Scouts or guerrilla service (except as
provided by 38 CFR 3.8(d)(1), and service, in wartime or peacetime in
the Armed Forces of the United States or Regular Philippine Scouts,
entitling him to compensation in part on a half-rate basis and in part
on a full rate basis, the disabilities will be combined as usual.

\(1\) In computing payments due, the amount of the total award, at the
full rate, will first be determined (combined degree plus any additional
amounts authorized for loss or loss of use, A&A and dependents). Then
the evaluation for which the full rate is payable will be computed, and
the difference between this evaluation and the combined evaluation will
be the basis for computing the amount due at the half-rate (38 CFR
3.8(e)).

\(2\) The award will be assigned special law code 16.

\(a\) The applicable peso entitlement code in the 90 series will be
entered over the column for \"Amount\" of withholding, under which the
amount payable for that peso (shown in dollars) entitlement will be
entered. In addition, this amount will be identified for input and
computer processing as a type 2 withholding.

\(b\) The full rate amount will be shown in the monthly rate column, and
the applicable dollar entitlement code will be entered on the award
line.

**NOTE:** If another special law code is also applicable, the provisions
of part V, paragraph 6.09b as to entries in \"Misc. Code\" will apply.

c\. **Half-Rate Calculations.** The amount payable must be counted two
ways to determine which will pay the greater amount to the veteran. One
method is to determine the rate payable at the full rate for the total
combined evaluation. Then the evaluation (combined degree) for which
full rate is payable will be computed. The difference between the amount
for the full rate evaluation and the amount for the total combined
evaluation will be the basis for computing the half-rate payment. The
second method is to determine the rate payable at the full rate for the
combined evaluation. Then the percentage ratio of the evaluation
(combined degree) for which the full rate is payable to the total
combined evaluation must be computed. The total evaluation rate is
multiplied by this percentage ratio to arrive at the amount payable at
the full rate. The difference between the total evaluation rate and the
amount payable at the full rate will be the basis for computing the
amount payable at the half-rate.

**EXAMPLE 1:** A married veteran has a 40-percent disability incurred
during service in the Armed Forces of the United States and a 20-percent
disability incurred during wartime service in the Commonwealth Army of
the Philippines, combining to 50 percent at the rate of \$537 (Effective
12/1/91).

**METHOD 1**

\$537 (Rate of combined evaluation)

[-382]{.underline} (Rate of 40-percent evaluation payable at the full
rate)

\$155 (Amount for computing half-rate payment)

**34-II-2**

**March 31, 2004 M21-1, Part IV**

**Change 196**

**METHOD 2**

\$537 (Rate of combined evaluation)

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

429.60 (Amount payable at full rate)

\$537.00 (Rate of combined evaluation)

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

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

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

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

**METHOD 1**

\$157 (Rate of combined evaluation)

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

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

**METHOD 2**

\$157 (Rate of combined evaluation)

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

\$78.50 (Amount payable at full rate)

\$157 (Rate of combined evaluation)

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

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

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

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

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

**34-II-3**

**March 31, 2004 M21-1, Part IV Change 196**

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

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

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

\(a\) Date entitlement arose;

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

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

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

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

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

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

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

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

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

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

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

\(a\) A valid U.S. passport;

**34-II-4**

**March 31, 2004 M21-1, Part IV**

**Change 196**

\(b\) A birth certificate showing that the veteran or survivor was born
in the U.S.; or

\(c\) A Report of Birth Abroad of a Citizen of the U.S. issued by a U.S.
consulate abroad.

\(2\) Only verification by the INS to the VA that a veteran or survivor
is a naturalized citizen of the U.S. or a permanent resident alien will
be sufficient proof of such status.

f\. **Continued Eligibility at the Full-Dollar Rate.**

\(1\) To be eligible for compensation benefits at the full-dollar rate,
the veteran or survivor must be physically present in the U.S. for at
least 183 days of each calendar year and not absent from the U.S. for
more than 60 consecutive days.

(a) If the veteran or survivor becomes eligible for full-dollar rate
    benefits on an initial basis, on or after July 1 of any calendar
    year, the 183-day rule will not apply during that calendar year.

> \(b\) If the veteran or survivor leaves from and returns to the U.S.
> on the same day (such as on trips to Canada or Mexico), do not
> consider the veteran or survivor to have been absent from the U.S.

\(2\) The veteran or survivor must furnish notice within 30 days of
leaving the U.S. and within 30 days of losing either U.S. citizenship or
permanent resident alien status.

\(3\) The veteran or survivor must furnish prompt notice of any change
of address.

\(4\) Annually, the veteran must verify that he/she continues to meet
the residency and citizenship/permanent alien status requirements in 38
CFR 3.42. The survivor must also verify that he/she continues to meet
the residency and citizenship/permanent alien status requirements.
Advise the veteran or survivor at the time of the request that the
verification must be furnished within 60 days and that failure to do so
will result in the reduction of benefits. The Residency Verification
Report (RVR) is used to verify the continued eligibility of recipients
of the full-dollar rate under Public Law 106-377 and Public Law 108-173.
See Exhibit A.

g\. **Reducing Benefits to the Half-Dollar Rate.**

\(1\) If the veteran or survivor is physically absent from the U.S. for
a total of 183 days or more during any calendar year, reduce
compensation to the half-dollar rate effective on the 183^rd^ day of the
absence.

\(2\) If the veteran or survivor is physically absent for more than 60
consecutive days, reduce compensation to the half-dollar rate effective
on the 61^st^ day of the absence.

\(3\) If the veteran or survivor loses either U.S. citizenship or status
as a permanent resident alien, reduce compensation to the half-dollar
rate effective on the date that one of these criteria is not met.

\(4\) If mail to the veteran or survivor is returned by the U.S. Postal
Service as undeliverable, attempt to identify the correct mailing
address. See M21-1, Pt. IV, 9.04b. If no current address is found,
reduce compensation to the half-dollar rate effective on the date of
last payment. See M21-1, Pt. IV, 9.05a(1).

\(5\) If the veteran or survivor fails to furnish verification of
residency or citizenship/alien status within 60 days as requested,
reduce compensation to the half-dollar rate as of the date determined
under 38 CFR 3.652. Also see M21-1, Pt. III, 1.04f.

h\. **Restoring Benefits to the Full-Dollar Rate.**

\(1\) If a veteran or survivor whose payments were reduced to
half-dollar rate begins meeting eligibility

**34-II-5**

**M21-1, Part IV March 31, 2004**

**Change 196**

requirements again, restore payments to the full-dollar rate effective
the date on which the requirements under 38 CFR 3.42 are met, if the
evidence which shows the veteran or survivor is eligible is received
within one year of this date. If the evidence is received more than one
year after this date, restore benefits on the date that the evidence was
received.

**EXAMPLE 1:** A veteran's payments were reduced to the half-dollar rate
on the 61^st^ day of his absence from the U.S., October 14, 2001.
Evidence received on March 3, 2002, shows he returned to the U.S. on
November 2, 2001. Restore benefits to the full-dollar rate effective
November 2, 2001.

**EXAMPLE 2:** A veteran's payments were reduced to the half-dollar rate
on the 61^st^ day of his absence from the U.S., November 7, 2001.
Evidence received on January 14, 2003, shows he returned to the U.S. on
December 23, 2001. Restore benefits to the full-dollar rate effective
January 14, 2003.

\(2\) If evidence which shows continued eligibility for the full-dollar
rate is received within one year of the date this information is
requested, restore payments to the full-dollar rate in accordance with
the facts found. (38 CFR 3.109)

**EXAMPLE:** A veteran's payments were reduced to the half-dollar rate
on May 1, 2002 because he failed to return the Residency Verification
Report (RVR) sent him in January 2002. Evidence received on August 15,
2002, shows that he met all eligibility requirements during the year
2001. Restore benefits to the full-dollar rate effective May 1, 2002.

\(3\) If the reduction is based on absence from the U.S. for 183 or more
days during a calendar year, do not under any circumstances resume
payments at the full dollar rate before the first day of the following
calendar year.

**EXAMPLE:** A veteran's payments were reduced to the half-dollar rate
on August 8, 2002, because, as of that date, he had been absent from the
U.S. for a total of 183 days during calendar year 2002. He submits
evidence on September 16, 2002, which shows that he has just returned to
the U.S. permanently. Restore benefits to the full-dollar rate effective
January 1, 2003 (PL 106-377; 38 CFR 3.42, 3.405 and 3.505).

**34.20 PAYMENT OF BURIAL BENEFITS AT THE FULL-DOLLAR RATE BASED ON
SERVICE OF CERTAIN UNITED STATES RESIDENTS**

a\. **General Eligibility.** Public Law 106-419 authorized payment of
burial benefits at the full-dollar rate based on service of members of
the Commonwealth Army of the Philippines or organized guerrilla groups
who died after November 1, 2000, and who, on the date of death,

> \(1\) resided in the U.S. (states, territories and possessions, the
> District of Columbia and the Commonwealth of Puerto Rico), and

\(2\) were either U.S. citizens or permanent resident aliens (as
determined by INS), and

\(3\) were either receiving VA compensation benefits or met the
disability, income and net worth requirements for VA pension benefits,
and would have been eligible, if service had been deemed to be active
military, naval or air service.

Public Law 108-183 also extended burial benefit eligibility at the
full-dollar rate to veterans who served in the Special Philippine
Scouts. This amendment applies to deaths occurring on or after December
16, 2003, provided veterans met criteria 1, 2, and 3 shown above on the
date of death.

b\. **Jurisdiction.** The Manila regional office has jurisdiction over
payment of burial benefits at the full-dollar rate under Public Law
106-419 and Public Law 108-183.

**34-II-6**

**March 31, 2004 M21-1, Part IV**

**Change 196**

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

\(1\) Obtain satisfactory evidence (such as a current lease or purchase
agreement or utility bill) that the veteran's actual dwelling place on
the date of death was in the U.S. If the current address of record is a
valid street address, the veteran was receiving mail at that address,
and there is no evidence that the veteran has moved, that will be
sufficient proof of U.S. residence.

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

**Note:** The deceased veteran is considered to have been residing in
the U.S. on the date of death, even though the death occurred outside
the U.S., if physically absent for fewer than 61 consecutive days prior
to this date.

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

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

\(a\) A valid U.S. passport;

\(b\) A birth certificate showing that the veteran was born in the U.S.;
or

\(c\) A Report of Birth Abroad of a Citizen of the U.S. issued by a U.S.
consulate abroad.

\(2\) Only verification by the INS to the VA that a veteran was a
naturalized citizen of the U.S. or a permanent resident alien will be
sufficient proof of such status (PL 106-419; 38 U.S.C. 107; 38 CFR
3.43).

e\. **Proof That VA Pension Eligibility Criteria are Met.** If the
veteran was not receiving VA compensation benefits on the date of death,
request the claimant to furnish a statement which shows (a) the amount
and sources of the veteran's income and net worth for the month prior to
death; (b) the marital status of the veteran at the time of death and
the name and address of his surviving spouse, if applicable; and (c) the
names, addresses and ages of the veteran's children, if applicable.

\(1\) To obtain this information, prepare and attach VA Form 21-4138 to
the burial application, or send the prepared form to the claimant when
needed to develop the claim.

\(2\) Develop for further income or dependency information or evidence
only if the information received is contradictory, or if additional
information would be critical in determining pension eligibility.

\(3\) Assume, without development, that the veteran's disability(ies)
met the requirements for special monthly pension at the aid and
attendance level at the time of death (PL 106-419; 38 CFR 3.43).

**34-II-7**

**March 31, 2004 M21-1, Part IV Change 196**

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

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

> **Disability Benefits Death Benefits**

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

**34-C-1**

**March 31, 2004 M21-1, Part IV**

**Change 196**

## SAMPLE

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

Date

Name

Address

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

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

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

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

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

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

-   let us know if you change your address.

**What Must I Do Now?**

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

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

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

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

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

Sincerely yours,

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

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

![](media/image1.emf) Yes If "Yes," attach a separate sheet of paper
listing each period of absence separately, showing the

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

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

![](media/image1.emf) No

**34-C-2**

**M21-1, Part IV March 31, 2004**

**Change 196**

2\. Did you lose your U.S. citizenship or permanent resident alien
status during calendar year \_\_\_\_?

![](media/image1.emf) Yes If "Yes," send us a copy of the Immigration
and Naturalization Service (INS) notice which shows the date that your
citizenship or permanent resident alien status ended.

![](media/image1.emf) No

3\. Did you notify us of a change in your address during calendar year
\_\_\_\_?

![](media/image1.emf) Yes

![](media/image1.emf) No If "No," complete item 3B, **and**

send us evidence that you live at this address, such as a current lease
or purchase agreement or

utility bill (telephone, gas or electric).

3B. Current street mailing address (Number, Street or Rural Route, city,
State, and Zip Code)

> **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**
>
> **\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

> I CERTIFY THAT the statements on this form are true and correct to the
> best of my knowledge and belief.

4\. Signature \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

5\. Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_

6\. Telephone No(s). (Include Area Code)

Daytime \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Evening \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

PENALTY: The law provides severe penalties which include fine or
imprisonment, or both, for the willful submission of any statement or
evidence or a material fact, knowing it to be false.

> Residency Verification Report---Sample
>
> **Exhibit A**
>
> **34-C-3**