M21-1 Manual  /  Part VIII, Subpart iv, Chapter 2, Section C

Development and Examination Request for Claims Based on Former Prisoner of War (FPOW) Status

M21-1, Part VIII, Subpart iv, Chapter 2, Section C

Overview

In This Section

This section contains the following topics:
TopicTopic Name
1Developing Claims Based on FPOW Status
2 FPOW Protocol Examinations

1. Developing Claims Based on FPOW Status

Introduction

This topic contains information on developing claims for compensation based on FPOW status, including
  • developing for service department records
  • contacting Compensation Service
  • requesting FPOW examinations, and
  • handling statements from Veterans and former comrades.

Change Date

January 25, 2024

VIII.iv.2.C.1.a. Developing for Service Department Records

When determining former prisoner of war (FPOW) eligibility to benefits, the claims processor must obtain documentation that supports the FPOW status, if evidence to support the claim is not of record.Follow the steps in the table below to develop for facts and circumstances or certification of FPOW status by the service department.
StepAction
1Generate and send the development letter in the Veterans Benefits Management System (VBMS) titled POW—statement from Veteran and others needed to the claimant and request any information that has not been provided, including
  • the detaining power and circumstances of detention
  • the dates and places of internment
  • supporting statement(s) from former comrades, and
  • any additional supporting documents that are not of record.
Note: If at any point during the development process the claimant references other individuals who knew of the Veteran’s disabilities in service or shortly thereafter, generate and send to the claimant the development letter in VBMS titled POW—witness of disability in service.
2Search the Defense POW/MIA Accounting Agency (DPAA) website for confirmation of the Veteran’s FPOW status as soon as information necessary to conduct a search is obtained. (Such information might already be of record, thereby eliminating the need to wait for a response to the development letter(s) referenced in the previous step.)If the Veteran’s FPOW status is
  • confirmed, go to Step 6, or
  • not confirmed, go to Step 3.
Notes:
  • The DPAA website provides lists of FPOWs that are organized by conflict and, generally, by the Veteran’s home State of record at the time of internment.
  • Users may attempt to confirm a Veteran’s FPOW status by using the search function on the website, entering search terms such as the name of the war or conflict during which the Veteran was interned.
3Search the applicable series maintained on the Access to Archival Databases page of the National Archives and Records Administration website in the Genealogy Personal History: Prisoners of War section.If the Veteran’s FPOW status is
  • confirmed, go to Step 6, or
  • not confirmed, go to Step 4.
4Based on the dates of service, send a request to the appropriate service department asking for verification of detention or internment using
  • Personnel Information Exchange System (PIES) code O50, or
  • Defense Personnel Records Information Retrieval System (DPRIS) application code SC1.
If the Veteran’s FPOW status is
  • confirmed, go to Step 6, or
  • not confirmed, go to Step 5.
References: For more information on using
5Request confirmation of FPOW status from Outreach, Transition and Economic Development (OTED) by e-mailing VAVBAWAS/CO/OUTREACH with the following information:
  • Veteran’s name and claim number
  • service number (if available)
  • branch and dates of service
  • alleged dates and location of internment
  • alleged detaining power, and
  • any other information relevant to the alleged detainment.
After receipt of a response from OTED, go to Step 6.Reference: For more information about OTED, see the OTED FPOW intranet website.
6After completing the necessary attempts to obtain service department findings, use the table below to determine if an administrative decision regarding FPOW status is required.
If … Then an administrative decision …
the service department findings confirm FPOW status, and the detention or internment was by an enemy government or its agents during a period of waris not required.
  • the service department findings confirm FPOW status, and the detention or internment was not by an enemy government or its agents during a period of war, or
  • a reasonable basis exists for questioning the service department findings, or lack thereof
is required.
the service department findings and other development do not confirm FPOW statusis required.
References: For more information on
Note: When developing for evidence that verifies FPOW status, associate all documentation that supports the Department of Veterans Affairs (VA) findings in the Veteran’s claims folder.Important: FPOW coordinators must ensure priority attention is given to Veterans who are claiming FPOW status.Reference: For more information on requesting service records for FPOWs, see M21-1, Part VIII, Subpart iv, 2.B.

VIII.iv.2.C.1.b. Contacting Compensation Service

Contact Compensation Service, Policy Staff (211), at VAVBAWAS/CO/214DADVISORYANDSRT for guidance, if the response to the request for FPOW service records
  • indicates that no records may be released because they are classified, or
  • is inadequate.
References: For more information on

VIII.iv.2.C.1.c. Requesting FPOW Examinations

After the Veteran’s FPOW status has been confirmed, request the Former Prisoner of War (POW) Protocol Disability Benefits Questionnaire.Reference: For more information on requesting FPOW examinations, see M21-1, Part VIII, Subpart iv, 2.C.2.

VIII.iv.2.C.1.d. Handling Statements From Veterans and Former Comrades

Unless it is inconsistent with other evidence, accept an FPOW’s statement as proof that the claimed disabilities or diseases were incurred during service. Give careful consideration to the statements of FPOWs and to those of former comrades if offered in support of the claim. Note:If statements are inconsistent with other evidence of record, undertake development with the Veteran to clarify any discrepancies.

2. FPOW Protocol Examinations

Introduction

This topic contains information about FPOW protocol examinations, including
  • reviewing FPOW claims
  • considerations when requesting an FPOW protocol examination
  • when to order initial FPOW protocol examinations, and
  • how to order initial FPOW protocol examinations.

Change Date

May 31, 2022

VIII.iv.2.C.2.a. Reviewing FPOW Claims

Review all claims from FPOWs, including original claims, supplemental claims, and claims for an increased evaluation, to determine if the
  • Veteran’s record confirms FPOW status, and
  • Veteran was examined under the FPOW protocol.

VIII.iv.2.C.2.b. Considerations When Requesting an FPOW Protocol Examination

If the FPOW was not examined under the FPOW protocol, request an examination utilizing the Former Prisoner of War (POW) Protocol Disability Benefits Questionnaire, unless it
  • would be inadvisable in light of the Veteran’s medical condition, or
  • is specifically declined by the Veteran or representative.
Note: Monetary benefits to an FPOW will not be denied unless the claimant has been offered a complete physical examination conducted at a Department of Veterans Affiars hospital or outpatient clinic.Reference: For more information on examination requirements, see 38 CFR 3.326.

VIII.iv.2.C.2.c. When to Order Initial FPOW Protocol Examinations

Order an initial Former Prisoner of War (POW) Protocol Disability Benefits Questionnaire even if medical evidence to support the claim is not of record but FPOW status is established.Note: The Former Prisoner of War (POW) Protocol Disability Benefits Questionnaire is restricted to internal use only and must be completed by a Veterans Health Administration (VHA) examiner. Contract examiners are not authorized to complete the disability benefits questionnaire (DBQ).

VIII.iv.2.C.2.d. How to Order Initial FPOW Protocol Examinations

In preparing a request for an initial FPOW protocol examination,
  • utilize the VBMS Exam Management System (EMS) to build the examination request
  • select POW in the SPECIAL CONSIDERATION(S) box in the Compensation and Pension Record Interchange
  • clearly note that an examination under the FPOW protocol is required, and
  • request an examination of all claimed and noted disabilities, as well as all other conditions characteristically associated with confinement as an FPOW.
Notes:
  • The examiner is required to review the claims folder for all FPOW examinations.
  • The Veteran is required to complete VA Form 10-0048,Former POW Medical History, before the examination. VHA mails the form to the Veteran with instructions to complete the form and bring the form on the date of examination.
  • The forms completed by the Veteran and the completed DBQ will be returned to the requesting regional office.
References: For more information on

Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part VIII, Subpart iv, Chapter 2, Section C (U.S. government work, reproduced for reference). Browse all sections →