II.ii.3.1.b. Jurisdiction of Claims Involving a Special Mission or Circumstance | | NWQ will distribute claims involving a special mission or circumstance according to jurisdiction and ranking rules determined by the Office of Field Operations (OFO). Proper routing may require the use of special issue indicators and corporate flashes. If a station receives a claim that does not fall under their jurisdiction, authorized personnel may transfer the claim to the correct station in accordance with OFO guidelines.The table below indicates what station has jurisdiction of a claim that involves a special mission or circumstance.| Special Mission or Circumstance | Jurisdiction |
|---|
| Veterans Benefits Administration (VBA) employee-Veteran, relative of employee, or a national service officer | restricted access claims centers (RACCs).Important: - The St. Paul RACC has jurisdiction for all claims for
- Medal of Honor Pension (MOHP), and
- MOHP for a surviving spouse.
- Claims processors must ensure the following corporate flashes have been affixed to the record to ensure proper routing:
- Restricted Access – St. Paul RACC, and
- Medal of Honor.
Reference: For more information on RACCs, see M21-1, Part II, Subpart ii, 2.B.
| live compensation claims and legacy appeals involving - a foreign residence
- residence in enemy territory, and
- cases involving an Army Post Office or a Fleet Post Office address
| Pittsburgh RO has jurisdiction of rating and non-rating claims unless otherwise indicated.Notes: - Jurisdiction is determined according to the Veteran’s residence, not the residence of a dependent.
- A transient is not considered to be residing in a foreign country.
Exceptions: - When a Veteran files a claim for Chapter 18 benefits and the child lives in a foreign territory, the claim will be worked by the Pittsburgh RO.
- Manila RO has jurisdiction of rating claims for the Philippines.
- San Diego Benefit Eligibility Support Team (BEST) has jurisdiction of non-rating claims for the Philippines.
Reference: For more information on foreign residence, see M21-1, Part X, Subpart i, 3.B. | | live compensation claims and legacy appeals involving residence in a U.S. Territory | Jurisdiction for U.S. Territory compensation claims and legacy appeals is as follows:- Honolulu RO has jurisdiction for American Samoa, Guam, and the Northern Mariana Islands (Rota, Saipan and Tinian), and
- San Juan RO has jurisdiction for Puerto Rico and the Virgin Islands.
| | all in-service death claims | Philadelphia RONotes: - The Philadelphia Veterans Service Center (VSC) has sole jurisdiction over all original in-service death claims, to include in-service death claims received from multiple claimants prior to the adjudication of the original claim.
- The Philadelphia PMC has jurisdiction over all non-original in-service death claims received after the adjudication of the original claim.
Reference: For more information on in-service death claims, see M21-1, Part XII, Subpart i, 1.C. | pension and survivor claims in which- the primary beneficiary or claimant resides in a foreign country, or
- any payee whose income affects entitlement to Department of Veterans Affairs (VA) benefits, receives the income in a foreign currency
| - The Philadelphia PMC has jurisdiction of original Dependency and Indemnity Compensation (DIC) claims, all burial claims, and any claim where service-connected (SC) death is an issue including claims from the Philippines.
- The St. Paul PMC shares jurisdiction of all other foreign countries with the Milwaukee PMC to include pension and DIC claims where SC death was already granted with the exception of claims from the Philippines.
- The Milwaukee PMC has jurisdiction of all remaining claims from the Philippines that do not meet the criteria for the Philadelphia PMC.
References: For more information on | | higher-level reviews and legacy appeals for pension and survivor claims | decision review operations center | rating action related to Polish and Czechoslovakian Veterans who- file a claim for service connection (SC), or
- apply for health care under 38 U.S.C. 109
| Wilmington RO Exception: A claim from a Polish or Czechoslovakian Veteran with no service in the U.S. Armed Forces should be denied for no qualifying service by the RO that receives the claim. Note: VA does not assign a folder or number to these claims. Reference: For more information on Polish and Czechoslovakian Veterans who served in the U.S. Armed Forces, see M21-1, Part XIII, Subpart i, 3.G.1.b. | | claims involving Public Law (PL) 97-37, Section 156, Restored Entitlement Program for Survivors (REPS) | Jurisdiction is split between- the various ROs or PMCs, and
- a special processing unit at the St. Louis RO.
Note: The office having jurisdiction of the deceased Veteran’s claims folder is responsible for determining basic eligibility and forwarding the claim (but not the deceased Veteran’s claims folder) to the St. Louis RO.Reference: For more information on jurisdiction of claims involving REPS, see M21-1, Part XII, Subpart ii, 3.A. | Philippine cases involving Veterans of the Commonwealth Army of the Philippines while such forces were in the- Armed Forces of the U.S. (July 26, 1941, through June 30, 1946)
- Special Philippine Scouts (enlisted between October 6, 1945, and June 30, 1947), and
- Alleged or Recognized Guerrilla Service (before July 1, 1946)
| Manila RO has exclusive and permanent jurisdiction unless otherwise indicated. Exceptions: - The Philadelphia PMC has jurisdiction of original DIC claims, all burial claims, and claims where SC death is an issue.
- The Milwaukee PMC has jurisdiction of all remaining PMC claims (to include claims for DIC where SC death was already granted) based on service by Veterans within the Commonwealth Army of the Philippines.
- The San Diego BEST has jurisdiction of non-rating compensation claims.
Reference: For more information on eligibility for benefits based on Philippine service, M21-1, Part X, Subpart i, 4.A.2. | | cases involving incompetent Veterans | If a court has appointed a fiduciary for an incompetent Veteran, jurisdiction lies with the RO or PMC for the area in which the appointing court is located. | | claims for SC based on radiation exposure where the existence of a radiogenic disease has been verified | Jackson ROReferences: For more information on | | claims and legacy appeals for SC based on exposure to mustard gas or Lewisite | Muskogee ROReference: For more information on claims for SC based on exposure to mustard gas or Lewisite, see M21-1, Part VIII, Subpart iii, 3.A.2. | | claims and legacy appeals for SC based on exposure to contaminated drinking water at Camp Lejeune that meet specific criteria | Louisville ROReference: For more information on the criteria determining jurisdiction of Camp Lejeune issues, see M21-1, Part VIII, Subpart iii, 8.A.1.c. | | forfeiture cases | St. Paul RACC Reference: For more information about forfeiture cases, see | | residents of the Armed Forces Retirement Home, or St. Elizabeth’s Hospital in Washington, D.C. | Roanoke RO Reference: For more information on claims from residents of the Armed Forces Retirement Home or St. Elizabeth’s Hospital in Washington, D.C., see M21-1, Part VI, Subpart iii, 5. | | Veterans with any service prior to July 16, 1903 | Philadelphia PMC | - entitlement to compensation under the former general law, the Act of 1862, as amended
- protection of the general law rate provided by former PL 788, 74th Congress
- entitlement to Reserve Officer’ Retirement Pay under PL 262, 77th Congress, and
- entitlement under a special act of Congress authorizing payment to a particular person
| Philadelphia PMCReferences: For more information on- general law cases, see 38 U.S.C. 1152, and
- entitlement under a special act, see
| | Chapter 31 educational benefits based on service in allied forces | Philadelphia PMC | | Chapter 18 benefits for certain children with disabilities born of Vietnam and certain Korean service Veterans | Denver RO Exception: When a Veteran files a claim for Chapter 18 benefits and the child lives in a foreign territory, the claim will be worked by the Pittsburgh RO. Reference: For more information on handling of claims for benefits under Chapter 18, see M21-1, Part VIII, Subpart i, 3.A-E. | Notes: - Do not transfer a paper claims folder to a special mission station unless
- a special mission claim has been established, or
- instructions indicate the special mission station must maintain the folder.
- Claims and/or claimants involving litigated issues may be subject to special review or processing. Special instructions for identification and processing identified cases will be issued by VA Central Office (VACO) and may involve use of special issue indicators, corporate flashes, or other claim attributes.
References: For more information on- claim attributes that affect routing, see M21-4, Appendix C
- use of corporate flashes, see
- special issue indicators, see M21-1, Part III, Subpart i, 2.F.2, and
- transferring a claim, see the Veterans Benefits Management System (VBMS) Core User Guide.
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