M21-1 Manual / Part X, Subpart iv, Chapter 1, Section E
Processing Cases Involving Common Accidents in Service
M21-1, Part X, Subpart iv, Chapter 1, Section E
Overview
In This Section | | This chapter contains the topic "Common Accidents in Service." |
1. Common Accidents in Service
Introduction | | This topic contains information on processing cases involving common accidents in service, including - definition of a common accident
- jurisdiction for common accident cases
- processing common accident claims by
- regional offices (ROs), and
- Central Office (CO).
|
Change Date | | August 19, 2021 |
X.iv.1.E.1.a. Definition: Common Accident | | A common accident is one in which information shows that the death of two or more service members occurred during noncombat service as a result of the same accident or disaster. Note: Accidents that occur in the air or at sea are not included in this definition. Do not treat deaths resulting from such accidents as deaths that resulted from a common accident. Reference: For more information on deaths in common accidents following separation from service, see M21-1, Part XI, Subpart i, 2.B.2.e. |
X.iv.1.E.1.b. Jurisdiction for Common Accident Cases | | Establish jurisdiction for common accident cases on an individual case basis, except when otherwise specifically assigned by Central Office (CO). Reference: For more information on claims jurisdiction and transfer, see M21-1, Part II, Subpart ii, 3. |
X.iv.1.E.1.c. Processing Common Accident Claims by ROs | | The claim in any one common accident case may be adjudicated by the regional office (RO) without the need for reviewing any additional related cases or referring the case to CO, if - the line-of-duty status is clear and there is no question of misconduct, and
- a favorable determination is clearly warranted.
|
X.iv.1.E.1.d. Processing Common Accident Claims by CO | | The table below describes how CO processes claims in common accident cases when they are transferred by the RO. Stage| Who Is Responsible | Description | |
|---|
| 1 | RO | Reassigns the electronic claims folder (eFolder) and any related cases located in the same office to CO (21C) for final determination, if a favorable determination as to line of duty or willful misconduct cannot be made on the evidence of record in a common accident case. Reference: For more information on disaster and common accident cases, see M21-1, Part XI, Subpart i, 2.B.2. | | 2 | CO | - Requests any other related cases.
- Makes an administrative decision.
| | 3 | CO | - Adds a copy of the administrative decision in each related eFolder.
- Reassigns the eFolder to the RO for any necessary award or denial action.
|
|
Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part X, Subpart iv, Chapter 1, Section E (U.S. government work, reproduced for reference). Browse all sections →