Ancillary Benefits and Other Issues Involving Benefits Delivery at Discharge (BDD) or BDD-Excluded Claims

In this Section

Introduction

• handling VR&E claims received from service members, and
• actions intake sites must take upon receipt of VA Form 28-1900, Application for Veteran Readiness and Employment for Claimants With Service-Connected Disabilities.

Change Date

X.i.6.D.1.a. Handling VR&E Claims Received From Service Members

X.i.6.D.1.b. Actions Intake Sites Must Take Upon Receipt of VA Form 28-1900

• EPs, see M21-4, Appendix B
• actions to take if the claimant’s STRs are unavailable, see
  • M21-1, Part III, Subpart i, 2.C.3.b, and
  • M21-1, Part III, Subpart ii, 1.A.1.e
• preparing memorandum rating decisions for the purpose of determining eligibility for Veteran Readiness and Employment (VR&E) benefits, see M21-1, Part XIII, Subpart i, 5.B, and
• VR&E contacts by station of jurisdiction (SOJ), to include e-mail addresses, see the VR&E Officer Directory.

Introduction

• service members’ eligibility for home loan guaranty
• intake site responsibilities upon receipt of VA Form 26-1880, Request for a Certificate of Eligibility
• Regional Loan Center (RLC) action upon receipt of VA Form 26-8937, Verification of VA Benefits, from a service member
• SOJ responsibility for preparing memorandum rating decisions upon receipt of a request for an eligibility determination from an RLC, and
• text the SOJ must use when responding to a request for an eligibility determination from an RLC.

Change Date

X.i.6.D.2.a. Service Members’ Eligibility for Home Loan Guaranty

X.i.6.D.2.b. Intake Site Responsibilities Upon Receipt of VA Form 26-1880

• forward the form to the appropriate Regional Loan Center (RLC)
• ask if the service member plans to use VA’s home loan guaranty to purchase a home prior to separation, and, if so,
• advise the service member to
  • ensure the lender knows a claim is pending with VA, and
  • timely complete VA Form 26-8937, Verification of VA Benefits.

• e-mail, see M21-1, Part II, Subpart i, 2.D.7.a, and
• physical mail, see VA Form 26-1880.

X.i.6.D.2.c. RLC Action Upon Receipt of VA Form 26-8937 From a Service Member

X.i.6.D.2.d. SOJ Responsibility for Preparing Memorandum Rating Decisions Upon Receipt of a Request for an Eligibility Determination From an RLC

• the service member’s BDD or BDD-excluded claim has not yet been decided, and
• the evidence of record shows the service member is at least 10-percent disabled due to SC disability(ies).

X.i.6.D.2.e. Text the SOJ Must Use When Responding to a Request for an Eligibility Determination From an RLC

• loan guaranty benefits, see M21-1, Part XIII, Subpart i, 7.A
• EPs, see M21-4, Appendix B, and
• claim labels, see M21-4, Appendix C.

Introduction

• handling claims for Veterans returning from active duty
• responsibility and EPs for resuming compensation, and
• effective date for resuming a service member’s compensation.

Change Date

X.i.6.D.3.a. Handling Claims for Veterans Returning From Active Duty

X.i.6.D.3.b. Responsibility and EPs for Resuming Compensation

• an increased disability rating, or
• SC for a new disability.

• Simultaneously pending EPs 336 and 310 would only be allowed if the additional claimed conditions and non-static disabilities were different issues. Example: If the service member claimed an increase in a non-static disability, then only the 336 would be allowed.
• If a service member’s last rating decision is not available in the electronic claims folder (eFolder), the intake site must obtain a copy of the rating decision before resuming benefits.
• Because there is a possibility that service members who participate in the Integrated Disability Evaluation System (IDES) Program might return to active duty, the instructions in this block do not apply to their cases. Furthermore, Disability Rating Activity Sites (DRASs) prepare “preliminary” rating decisions for these service members prior to their separation if their Physical Evaluation Board determines they are unfit for duty. These decisions consider the severity of any non-static disabilities. Unless the service department returns an IDES participant to duty, the DRAS of jurisdiction resumes compensation for any static and non-static disabilities (if in order), upon promulgation of a final rating decision.
• Claims processors must review and complete any necessary withholding for receipt of separation benefits and/or military retired pay (MRP) when resuming compensation.

• EPs, see M21-4, Appendix B
• establishing EPs for BDD and BDD-excluded claims, see M21-1, Part X, Subpart i, 6.B.2
• actions to take upon receipt of a claim for reinstatement of compensation, see M21-1, Part X, Subpart v, 2.B
• the use of prescribed forms, see M21-1, Part II, Subpart iii, 1.A
• intent to file, see M21-1, Part II, Subpart iii, 2.A
• requests for applications, see M21-1, Part II, Subpart iii, 2.G
• historical handling of applications and informal claims, see M21-1, Part II, Subpart iii, 2.H
• the requirement to reduce or withhold payments, see M21-1, Part VI, Subpart i, 1.A.1.c
• recoupment of separation benefits, see M21-1, Part VI, Subpart ii, 2
• elections and waivers in MRP cases, see M21-1, Part VI, Subpart ii, 4.A, and
• preparing and adjusting awards in MRP cases, see M21-1, Part VI, Subpart ii, 4.B.

X.i.6.D.3.c. Effective Date for Resuming a Service Member’s Compensation

Change Date

X.i.6.D.4.a. Procedures for CSPL Requests

• ensure the request for a CSPL is documented in the eFolder, and
• insert a note in VBMS notifying the SOJ that a CSPL is requested.

Introduction

• information to provide pregnant claimants during an initial meeting
• requesting examinations for pregnant claimants, and
• rating decisions in claims involving a pregnant claimant.

Change Date

X.i.6.D.5.a. Information to Provide Pregnant Claimants During an Initial Meeting

• Medical professionals who examine BDD claimants may, at their discretion, defer some or all examinations because of pregnancy.
• Without the medical evidence from a deferred examination, VA may have to defer a decision on some or all of the claimed disabilities.
• Deferral of a decision will not adversely affect the ultimate outcome of the claim.
• The claimant must notify VA of any changes in mailing address or telephone number. This enables VA to follow up with the claimant on any deferred decisions.
• The claimant should contact VA if VA does not follow up on any deferred decision within 30 days after the expected delivery date.

X.i.6.D.5.b. Requesting Examinations for Pregnant Claimants

X.i.6.D.5.c. Rating Decisions in Claims Involving a Pregnant Claimant