16 Identify the most recent award line that shows a monthly rate of payment equal to or exceeding the rate identified in Step 14. 17 Is the version date of the VA Form 21-8951 earlier than December 2014? If yes, proceed to the next step. If no, proceed to Step 22. Note: The following sentence was to versions of VA Form 21-8951 dated December 2014 and later, thereby eliminating the need to provide notice of proposed adverse action before reducing the Veteran’s award: If VA cannot adjust your benefits from a future date, it may make a retroactive adjustment, which may create an overpayment in your account. 18 Send the Veteran notice of VA’s proposal to reduce his/her benefits by the amount identified in Step 14, and effective the date of the line identified in Step 16. Reference: For more information issuing a notice of proposed adverse action, see M21-1, Part I, 2.B and C. 19 Did the Veteran respond to the notice of proposed adverse action within 65 days of the date of the notice? If yes, proceed to the next step. If no, proceed to Step 22. 20 Did the Veteran request a hearing within 30 days of the date of the notice? If yes, take no further action until after the hearing is held, and a decision is made as to whether or not the proposed award adjustment is still warranted. If no, proceed to the next step. Reference: For more information handling requests for a hearing under the circumstances described in this step, see Part I, 2.C.3. 21 Did the Veteran provide evidence showing VA should not retroactively adjust his/her award? If yes, notify the Veteran of VA’s decision, and proceed no further. If no, proceed to the next step. 22 Reduce the Veteran’s benefits by the amount identified in Step 14, and 1,
f. Action to Take Upon Receipt of a Claim for Reinstatement of Compensation Follow the steps in the table below upon receipt of a claim for reinstatement of compensation from a Veteran who is no longer on active duty. Step Action 1 Use DPRIS or VIS to confirm the date the Veteran was discharged from active duty. 2 Undertake development to obtain service treatment records (STRs) for the period(s) of service the Veteran most recently completed by following the instructions in M21-1, Part III, Subpart iii, Chapter 2. 3 If the Veteran is claiming reinstatement only, and all of his/her SC disabilities are static (no future review examination is indicated on the most recent rating decision), establish EP 290, and proceed to Step 6. Exception: If VA accepted the for reinstatement as a Benefits Delivery at Discharge (BDD) or Quick Start claim, use EP 297. Important: See Note in Step 4 below regarding form requirements. 4 Establish EP 020 if the Veteran has an SC disability that is not static, or is claiming an increased disability rating, or service connection (SC)for a new disability . Exception: If VA accepted the claim for reinstatement as a BDD or Quick Start claim, use EP 021 (BDD), or 027 (Quick Start). Note: If the Veteran is claiming an increased disability rating or SC for a new disability, a prescribed form is required. Otherwise, for claims for reinstatement only, no prescribed form is required regardless of whether the Veteran has a static or nonstatic disability(ies). 5 Does the Veteran have any static disabilities?
Shown on VA Form 21-8951 follow the instructions in M21-1, Part III, Subpart v, 4.C.6, h, i, and j to adjust the Veteran’s award to reflect his/her return to active duty, and take no action on the VA Form 21-8951 except to electronically annotate it with an explanation as to why no action was taken. Example: VA terminated a Veteran’s benefits for the period November 1, 2011, through May 15, 2012, because the Veteran returned to active duty. In 2013, VA receives a VA Form 21-8951 showing the Veteran was paid for 65 days of drill/training during fiscal year 2012. Reference: For information about electronically annotating documents in an eFolder, see the . l. Listing of ADSW on VA Form 21-8951 In addition to active and/or inactive duty training, VA Form 21-8951 may also include Active Duty for Special Work (ADSW). Duties performed under ADSW may be for operational, support, or training purposes. The Department of Defense (DoD) defines ADSW as a tour of active duty to fulfill support requirements. VA characterizes ADSW as active duty for the purpose of this topic unless the purpose for going on ADSW was to receive training. Important: Undertake development to determine the type of duty a Veteran performed on ADSW, even though the duration of service is less than 180 days, and/or DoD issues the Veteran a DD Form 214 for the ADSW. If the Veteran went on ADSW to receive training, treat the active service pay he/she received during this period of time as drill pay. If the duties a Veteran performed during ADSW cannot be ascertained, treat the period of service as active duty. Reference: For assistance in characterizing a Veteran’s duty when he/she provided training as opposed to receiving it, see . 7. Examples of Award Adjustments