upload of the entire CER folder into the Veterans Benefits Management System (VBMS). References: For more information on the AMC procedure for obtaining VR&E records, see M21-1, Part IV, Subpart ii, 2.F.2.l, and shipping requirements, see M21-1, Part III, Subpart.ii, 1.F.1.b. k. RO Procedure for Obtaining VR&E Records The table below describes the steps for the RO to follow to obtain VR&E records when a Veteran is in receipt of VR&E benefits. Step Action 1 Send an encrypted e-mail to the VR&E office located in the RO requesting VA Form 28-1902b. 2 Once the form is received, ensure that it has the necessary information to assist in adjudication of the IU claim. 3 Save the document in a portable document format (PDF) file (if not already a PDF). 4 Upload the VA Form 28-1902b to the electronic claims folder (eFolder) in VBMS. 5 Complete the following fields in VBMS. Note: If BVA requests the entire folder from the RO, follow the AMC procedures for requesting VR&E records at M21-1, Part IV, Subpart ii, 2.F.2.l. l. AMC Procedure for Obtaining VR&E Records The table below describes the steps for the AMC to follow to obtain VR&E records when a Veteran is in receipt of VR&E benefits. Step Action 1 Send an encrypted e-mail to the VR&E office to request the Veteran’s CER folder. 2 Photocopy the entire CER folder once it is received. 3 Send the photocopy of the CER folder to the scanning vendor as
perform his/her military duties due to SC disability. Make sure that the latest service treatment records (STRs) are of record. Such records may aid in determining if the disability is preventing the Veteran from performing his/her current Guard or Reserve duties. If the evidence of record is not sufficient to award increased compensation based on IU, request that the unit commander complete and return VA Form 21-4192. Note: The VBMS Initial Private 3rd Party Employer Letter, 21-4192 does not allow the user to edit the salutation section of the letter. To ensure that the request is routed to the unit commander, include “ATTN Unit Commander” in the Employer Name section following the unit designation. Example: 334th Brigade Engineer Battalion ATTN Unit Commander 3. Evaluating Evidence of Self-Employment or Employment With a Tightly Held Corporation Introduction This topic contains information on evaluating evidence of self-employment or employment with a tightly held corporation, including self-employment development deciding whether self-employed individuals are unemployable due to an SC disability the definition of a tightly held corporation, and evaluating evidence showing income from a tightly held corporation. Change Date July 24, 2015 a. Development Development to produce the evidence necessary to establish the degree to which SC disability has impaired the Veteran’s ability to engage in must generally be more extensive than development in cases in which the Veteran worked for others. Request that the Veteran furnish a statement regarding the types of work performed number of hours worked per week, and amount of time lost in the previous 12 months due to SC disabilities.
a Veteran is considered unemployable primarily due to NSC factors and SC disabilities alone do not support a finding of unemployability include an explanation of the reasons for this decision, and the reasoning for finding that SC disabilities alone are not sufficiently severe enough to render the Veteran unemployable. the Veteran fails to complete and return the VA Form 21-8940 include the following language explaining the basis for the denial: Entitlement to individual unemployability is denied because you have not been found unable to secure or follow a substantially gainful occupation as a result of service disabilities. On [insert the date of the development letter that initially requested completion of the VA Form 21-8940 as Month DD, YYYY], we wrote and asked you to send us a completed VA Form Veteran’s Application for Increased Compensation Based on Unemployability. As of this date, we have not received a complete VA Form 21-8940. This form is required to further consider your claim. IU is established include an explanation or analysis of how impairment from SC disability supports the decision, and specify which disability(ies) render the Veteran unemployable. Important: A conclusory statement alone that the criteria for a total evaluation based on IU are met does not satisfy the requirement to state the basis for the decision.
e. Action Taken When Hines ITC Cannot Issue VA Form When Hines ITC cannot issue VA Form 21-4140, the system generates a work item showing that the employability letter was not sent. Upon receipt of the work item, immediately send the Veteran VA Form To control for the return of VA Form 21-4140-1, Hines ITC establishes a future diary under reason code 34 for four months from the month in which the work item was issued. Note: As a local option, an RO may establish an EP 310 upon receipt of the work item to control for development to the beneficiary for the VA Form Upon establishment of an EP 310, ensure the SUPPRESS ACKNOWLEDGEMENT LETTER checkbox is selected so the acknowledgement letter is not automatically sent to the Veteran. f. Action Taken if VA Form or VA Form 21-4140-1 Shows Continued Unemployability When reviewing the completed VA Form 21-4140 or VA Form 21-4140-1, if the Veteran has checked No in Block 3 indicating he or she has not been employed in the past 12 months and signed the form, the IPC should file the completed questionnaire in the claims folder, and clear EP 692, using the PCLR command, and the future diary established under reason code 34, using the DIAR command. Note: Do not refer the claims folder to the rating activity. Important: If the Veteran fails to check the No box in Block 3, but signs the VA Form 21-4140 in Section II, indicating that he/she has not been employed by VA, others, or been self-employed at any time during the previous 12 months, no phone call or additional development is needed as the Veteran has certified that he/she remains unemployed. g. Action Taken by the IPC if VA Form 21-4140 Indicates Veteran May Be Use the table below to determine the action taken by the IPC if the Veteran checked Yes for Block 3 on VA Form 21-4140 (or VA Form 21-4140-1), or indicated employment during the past 12 months in Section I - Employment Certification. If/When … Then the IPC will …
4 j. Action Taken if the Veteran Returns a Signed VA Form 21-4140 During the Due Process Period Use the table below to determine the action to take if the Veteran returns a signed VA Form 21-4140 during the due process period. If VA Form 21-4140 shows … Then …
6. Exhibit 1: Rating Decision Addressing a Veteran’s Failure to Complete a Field Examination Change Date July 24, 2015 a. Proposed Reduction for Failure to Complete a Field Examination An example of a rating decision proposing to reduce the IU evaluation to the schedular combined evaluation because of a Veteran’s failure to complete a field examination is below. Note: For proposed reductions, use the long-form rating narrative. Reference: For more information on the long-form rating narrative, see Part III, Subpart iv, 6.C.7.
DECISION: A reduction to the schedular evaluation shown below is proposed because of the Veteran’s failure to cooperate with a required field examination. EVIDENCE: Notice of Failure to Cooperate with field examiner. REASONS FOR DECISION: A total disability rating has been in effect because of unemployability. Notice has been received that the Veteran refused to cooperate in completing a required field examination. The Veteran will be given 60 days to present additional evidence or argument to show that the IU evaluation should not be reduced. JURISDICTION: Field Examiner Notification SUBJECT TO COMPENSATION (1.SC) ______ _________ ______ _________ COMBINED EVALUATION FOR COMPENSATION: Individual Unemployability from ________ NOT SERVICE CONNECTED/NOT SUBJECT TO COMPENSATION (8.NSC) _____ 7. Exhibit 2: Rating Decision Addressing a Veteran’s Failure to Respond to a Notice of Proposed Adverse Action After Failure to Complete a Field Examination Change Date July 24, 2015 a. Final Reduction for Failure to Complete a Field Examination An example of a rating decision reducing an IU evaluation because of a Veteran’s failure to complete a field examination is below. Note: As provided in M21-1 Part III, Subpart iv, 6.C.7, reductions should use the long-form rating narrative. DECISION: Reduction to the schedular evaluation is in order because of the Veteran’s failure to cooperate in the completion of a required field examination. EVIDENCE: Notice of Failure to Cooperate with field examiner.