send proper decision notice. c. Example of a Situation Requiring Certification of Eligibility and Continued Entitlement The paragraphs below describe a situation that would require certification of eligibility and continued entitlement, and the appropriate actions to take based on the specific set of facts. Situation: VA receives reliable evidence indicating a surviving spouse in receipt of pension might have remarried. The surviving spouse has no children. A review of the claims folder shows the most recent documentation confirming the surviving spouse’s marital status is a VA Form 21-686c, Declaration of Status of Dependents, dated November 12, 2004. On February 11, 2010, VA sends notice of proposed adverse action to the surviving spouse requesting completion of VA Form 21-686c, and advising him/her that VA may discontinue benefits effective the first of the month following the date on which the evidence of record shows the beneficiary last confirmed his/her marital status if he/she does not return the completed form within 60 days. Result: If the surviving spouse does not respond within 60 days stop the award effective December 1, 2004, and send proper decision notice. 4. Acceptable Evidence of Birth, Death, or Relationship Introduction This topic contains information on acceptable evidence of birth, death, or relationship, including acceptability of written statements to establish a relationship information VA requires in written statements to establish a relationship, and when VA may require evidence in support of a written statement. Change Date June 26, 2015
c. Photocopies of STRs Photocopies of service treatment records (STRs) are acceptable for rating purposes if examination of the copies confirms they are genuine, and free from alteration. 6. New and Material Evidence Under 38 CFR 3.156 Introduction This topic contains information on new and material evidence under 38 CFR 3.156, including role of new and material evidence effect of new and material evidence on a claim example of new evidence example of material evidence, and how the concept of new and material evidence applies when character of discharge is at issue. Change Date June 26, 2015 a. Role of New and Material Evidence A claimant must submit new and material evidence to reopen a claim that has become final because the appeal period has expired, or appellate review is complete. References: For more information on the definition of new and material evidence, see M21-1, Part III, Subpart iv, 2.B.3, and M21-1, Part III, Subpart ii, 2.D.1.b, and the notification requirements for requests to reopen a previously denied claim, see M21-1, Part I, 1.B.2. b. Effect of New and Material Evidence on a Claim A determination by VA that evidence is new and material means the evidence, by itself or when considered with evidence already of record, relates to an unestablished fact that is required to substantiate the claim, and raises a reasonable possibility of substantiating the claim.
Mail on a Pending Claim or Running Award If an award is stopped because a beneficiary’s address is unknown and checks are undeliverable, payments may be resumed effective the day following the date of last payment if entitlement is otherwise established, and the claimant furnishes a valid, correct address. References: For more information on resuming payments when an award is stopped because the claimant’s address is unknown, see , and homeless claimants, see . b. Categories of Undeliverable Mail Undeliverable mail generally falls within one of two categories essential (has evidentiary value), or nonessential (has no evidentiary value). The table below provides common examples of both categories of undeliverable mail. Essential Mail Nonessential Mail notices of proposed adverse action decision notice requests for evidence from claimants records centers other agencies, and private, third parties questionnaires, including those VA uses to verify dependency status school attendance, and employment status mail involving matching programs, including the Federal tax information (FTI) for upfront verification and IVMs, and Social Security Verification Match mail affecting benefit entitlement, including eligibility verification reports (EVRs), and Letters VA releases as notice of cost-of-living adjustments (COLAs) for outreach purposes in connection with special projects, such as the Economic Recovery Payment (ERP), and to declare a beneficiary’s eligibility for civil service preference tax abatement, and commissary privileges. Note: Most centrally generated correspondence, such as COLA notices or outreach letters, are mailed in green envelopes to make the identification of nonessential mail easier.
updates the beneficiary’s record to reflect the new address using the guidance in M21-1, Part III, Subpart ii, 3.C.1 downloads the mail from the portal for printing if being screened electronically generates a Return Mail cover letter sends the mail and cover letter to the new address uploads a copy of the cover letter to the eFolder, or associates the letter with the legacy paper claims folder and clears the EP 400. Important: If a new address cannot be located follow the guidance in M21-1, Part III, Subpart iii, 1.D.9.g. representative notification updates the address using the guidance in M21-1, Part III, Subpart ii, 3.C.1 annotates the representative’s correct address on the VA Form 21-22, Appointment of Veterans Service Organization as Claimant’s Representative, or VA Form 21-22a, Appointment of individual as Claimant’s Representative, and resends letter(s). N/A other essentialmail (such as dependency verification, employment questionnaire, etc.) updates the address using the guidance in M21-1, Part III, Subpart ii, 3.C.1, and resends the letter(s) to the claimant. Notes: If a new address cannot be located follow the guidance in M21-1, Part III, Subpart iii, 1.D.9.i. The pending EP could be an 800 series work item or a controlling EP. N/A Note: Use the appropriate claim label for the EP 930 corresponding to the previously pending EP Non-Rating Control Rating Control PMC – Non-Rating Control PMC – Rating Control, or PMC – DIC Rvw/Ref/Other Exception: EP 930 does not apply to returned mail issues for appeals, which can be controlled by reestablishing an EP 170.