Department of Veterans Affairs M21-1, Part III, Subpart v Veterans Benefits Administration November 19, 2015 Washington, DC 20420 Key Changes Changes Included in This Revision The below describes the changes included in this revision of Veterans Benefits Manual M21-1, Part III, “General Claims Process,” Subpart v, “General Authorization Issues and Claimant Notifications.” Notes: The term “regional office” (RO) also includes pension management center (PMC), where appropriate. Unless otherwise the term “claims folder” refers to the official, numbered, Department of Veterans Affairs (VA) repository – whether paper or electronic – for all documentation relating to claims that a Veteran and/or his/her survivors file with VA. editorial changes have also been made to update incorrect or obsolete references update section and topic titles to more accurately reflect their content clarify block labels and/or block text, and bring the document into conformance with M21-1 standards. Reason(s) for the Change Citation To add that a signed statement from the Veteran or his/her fiduciary must be taken as a valid election or waiver of military retirement pay. M21-1, Part III, Subpart v, Chapter 5, Section A, Topic 2, Block d (III.v.5.A.2.d) To add that a signed statement from the Veteran or his/her fiduciary must be taken as a valid election or waiver of military retirement pay. To revise Step 1 to include system instructions for denying entitlement and to add a note highlighting the importance that an award must be processed in order for the rating decision data to be in the Veteran’s corporate record To remove duplicate instructions from Step 3 furnishing VA Form 21-651, Election of Compensation in Lieu of Retired Pay or Waiver of Retired Pay to Secure Compensation From Department of Veterans Affairs (38 U.S.C. 5304(a)-5305, to the Veteran. These instructions are contained in III.v.5.A.3.c and are cross referenced in Step 3. To add that the actions described in Block c should be taken when notifying the Veteran of the determination made on his/her claim. Rescissions None
that the military trustee is not acceptable as a VA fiduciary, or already-appointed military trustee is no longer willing to serve as the VA fiduciary certifies a new VA fiduciary, and advises the authorization activity as to why the military trustee not be recognized as a fiduciary the authorization activity forwards the fiduciary hub’s report with the waiver to the applicable service department, and requests that the service department recognize the proposed VA fiduciary as the trustee with authority to waive retirement pay. recommends a supervised direct payment to the beneficiary a military trustee or VA fiduciary is still required to elect or waive military retirement pay on the beneficiary’s behalf. e. Handling an Election or Waiver From a Spouse-Payee Upon receipt of an election or waiver of military retirement pay from a who was trustee by the military, prepare and furnish VA Form 21-592 to the fiduciary hub to either determine the suitability of the spouse-payee, or secure another fiduciary. f. Handling an Election or Waiver From an Institutional Payee Use the table below to determine the election or waiver requirements when a service department appoints an institution as a Veteran’s trustee. If the service department appoints a … Then the trustee may … director or superintendent of a non-VA institution as the Veteran’s trustee or waive military retirement pay and apply for VA benefits. Notes: The trustee may not elect or waive VA benefits until VA recognizes the trustee as the fiduciary. Authorization activity must refer VA Form 21-592 to the fiduciary hub for recognition of the fiduciary.
the Veteran is not receiving disability compensation, or the Veteran is not receiving military retirement pay (although eligibility exists) because, for example, the Veteran elected to have time spent in military service credited toward civil service retirement $0.00. (CRSC is not payable.) Note: The amount of CRSC entitlement plus any retirement pay not offset under and cannot be greater than the full retirement pay to which the Veteran is entitled. f. RO Liaison With CRSC Boards CRSC boards are responsible for determining eligibility for CRSC. In order to make a determination, these boards occasionally require copies of records in VA’s possession, as discussed in M21-1, Part III, Subpart v, 5.A.7.h, or clarification of discrepant data, as discussed in M21-1, Part III, Subpart v, 5.A.7.i, j, and k. Each RO is responsible for designating an employee (the RO’s Military Records Specialist (MRS)) to serve as a liaison with CRSC boards. MRSs are responsible for responding to requests from CRSC boards. g. Controlling CRSC Board Requests and Taking Work Credit for Responding MRSs use end product (EP) 502 to control requests from CRSC boards and the EP for work credit after responding to a request. h. CRSC Requests for Records in VA’s Possession CRSC boards may request copies of the following from VA: service treatment records (STRs) rating decisions, and/or rating codesheets. CRSC boards e-mail requests to the Veterans Benefits Administration’s (VBA’s) MILPAY mailbox (). The staff responsible for monitoring the mailbox (hereafter referred to as the MILPAY staff) then routes the request to the appropriate MRS. Upon receipt of such a request, the MRS
o. Method 1 for Processing AEWs That List a Month in Which VA Made a Rate Change That Took Effect on a Day Other Than the First Day of the Month Reduce the amount of both withholdings (for retirement pay only) for the month in question by the amount shown in the Due From VA column on the AEW for the same month if is a withholding in place for retirement pay from the first day of the month, and from a day other than the first day of the month, and each of the amounts withheld for retirement pay is to or greater than the amount shown in the Due From VA column of the AEW for the same month. Note: Follow the instructions in M21-1, Part III, Subpart v, 5.A.8.p if any of the withholdings for retirement pay during the in question are less than the amount shown in the Due From VA column of the AEW for the same month. p. Method 2 for Processing AEWs That List a Month in Which VA Made a Rate Change That Took Effect on a Day Other Than the First Day of the Month Follow the instructions in the table below if there is a withholding in place for retirement pay from the first day of the month, and from a day than the first day of the month, and any of the amounts withheld for retirement pay are less than the amount shown in the Due From VA column of the AEW for the same month. Step Action 1 Subtract the smaller of the amounts VA records show VA withheld (to offset the Veteran’s receipt of retirement pay) during the month in question from the larger amount that VA records show VA withheld for the same reason during the same month. 2 Subtract the smaller of the amounts VA withheld during the in question from the amount shown in the Due From VA column on the AEW for the same month. 3 Divide the result of the calculation described in Step 2 by the number of days of the same month during which VA withheld the larger amount of benefits. 4 Multiply by 30 (days) the result of the calculation described in Step 3. 5 Subtract the result of the calculation described in Step 4 from the result of the calculation described in Step 1. 6 During the time period when the smaller withholding was in effect, withhold $0.00. 7 During the time period when the larger withholding was in effect, withhold the result of the calculation described in Step 5.