VI.ii.3.A.1.i. Actions to Take When the Hines ITC Is Unable to Send VA Form 21-8951 | | When the Hines ITC is unable to send VA Form 21-8951 to a Veteran for completion, end product (EP) 290 is automatically established. Follow the instructions in the table below when processing the EP.| Step | Action |
|---|
| 1 | Open the Veteran’s eFolder and locate a copy of the VA Form 21-8951 that the Hines ITC uploaded into it. | | 2 | Does the file number and/or SSN printed on VA Form 21-8951 belong to the Veteran whose name, address, and contact information are also printed on the form? - If yes, go to the next step.
- If no,
- determine whether the Veteran’s SSN is correct in the corporate record
- update the corporate record with the correct SSN, if necessary, and
- go to the next step.
| | 3 | Clear the pending EP 290. | | 4 | Follow the instructions in the table below.| If the evidence of record indicates the Veteran ... | Then ... |
|---|
- received no drill pay, and
- did not have a period of active duty
| - annotate the form to reflect the Veteran received no drill pay, and
- disregard the remaining steps in this table.
| - received no drill pay, but
- had a period of active duty for which VA has not adjusted the Veteran’s award
| - annotate the form to reflect the Veteran received no drill pay
- disregard the remaining steps in this table, and
- follow the instructions in M21-1, Part X, Subpart v, 2.B.
| - received drill pay, and
- had a period of active duty for which VA has not adjusted the Veteran’s award
| - disregard the remaining steps in this table, and
- follow the instructions in M21-1, Part VI, Subpart ii, 3.A.4.
| - received drill pay, and
- had a period of active duty for which VA has adjusted the Veteran’s award
| - use the Drill Pay Calculator to make the calculations described in the table in M21-1, Part VI, Subpart ii, 3.A.1.f, applying the rules described in M21-1, Part VI, Subpart ii, 3.A.1.g
- upload a copy of the calculator results to the eFolder, and
- go to Step 5.
Important: If the calculation described above requires VA to withhold benefits based on the Veteran’s receipt of drill pay for a number of days that differs from the number printed on the VA Form 21-8951 referenced in Step 1,- prepare a new VA Form 21-8951, (using VA Form 21-8951-2) that reflects the correct number of days, and
- attach the VA Form 21-8951-2 to the notice of proposed adverse action referenced in Step 7 (instead of the VA Form 21-8951 referenced in Step 1).
| - received drill pay, and
- did not have a period of active duty
| go to the next step. | Reference: For more information on electronically annotating documents in an eFolder, see the VBMS Core User Guide. | | 5 | Establish EP 600 and add - Drill Pay Proposal as a contention with
- Administrative Issue as the contention classification, and
- a value of No in the MEDICAL field
- Due Process, with a free-text entry of Drill Pay Proposal,as a tracked item, and
- Potential Under/Overpayment as a special issue.
| | 6 | Generate a notice of proposed adverse action that proposes to adjust the Veteran’s award based on receipt of drill pay. Important: Telephone contact is not acceptable as a substitute for a written notice of proposed adverse action. References: For more information on | | 7 | Attach to the notice of proposed adverse action referenced in Step 6 | | 8 | Mail the documents referenced in Step 7 to the Veteran. | | 9 | Did the Veteran respond to the notice of proposed adverse action within 65 days?- If yes, go to the next step.
- If no, go to Step 15.
| | 10 | Did the Veteran request a hearing?- If yes, go to the next step.
- If no,
- disregard the remaining steps in this table, and
- complete the actions described in M21-1, Part VI, Subpart ii, 3.A.5.a and c.
| | 11 | Did VA receive the request for a hearing within 30 days of the date of the notice of proposed adverse action referenced in Step 7?- If yes, go to the next step.
- If no, go to Step 14.
Reference: For more information on handling requests for a hearing, see M21-1, Part X, Subpart ii, 3.B.3. | | 12 | Hold the hearing and obtain all relevant evidence the Veteran identifies during the hearing. | | 13 | - Complete the actions described in M21-1, Part VI, Subpart ii, 3.A.5.a and c.
- Disregard the remaining steps in this table.
| | 14 | Did the Veteran submit a completed and signed VA Form 21-8951 or VA Form 21-8951-2 with the hearing request?- If yes,
- complete the actions described in M21-1, Part VI, Subpart ii, 3.A.5.c, and
- disregard the remaining step in this table.
- If no, go to the next step.
Note: Because the Veteran did not request a hearing within 30 days of the notice of proposed adverse action, VA may take the actions described in the next step or in M21-1, Part VI, Subpart ii, 3.A.5.c before it holds the hearing.Reference: For more information on what constitutes a “completed and signed VA Form 21-8951,” see M21-1, Part VI, Subpart ii, 3.A.5.a. | | 15 | Follow the instructions in M21-1, Part VI, Subpart ii, 3.B.1 for adjusting the Veteran’s award. | Note: The system does not automatically upload into a Veteran’s eFolder VA Forms 21-8951 that the Veteran mails to VA. Accordingly, regional offices (ROs) are responsible for moving the forms from the mail repository into the appropriate eFolder upon their receipt. |