M21-1 Manual / Part XIII, Subpart ii, Chapter 5, Section A
Certification for Service Academy Appointment
M21-1, Part XIII, Subpart ii, Chapter 5, Section A
Overview
In This Section | | This section contains the topic “Certificate for an Appointment to a Service Academy.” |
1. Certificate for an Appointment to a Service Academy
Introduction | | This topic contains information on a certificate for an appointment to a service academy, including- eligibility for an appointment to a service academy
- inquiries regarding eligibility for an appointment to a service academy
- who may sign the certificate for an appointment to a service academy
- when to furnish a certification of the disability rating of record, and
- wording on certification of disability rating of record.
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Change Date | | February 3, 2011 |
XIII.ii.5.A.1.a. Eligibility for an Appointment to a Service Academy | | Appointments to the U.S. Military, Air Force, and Naval Academies may be obtained by sons or daughters of a Veteran who - died as the result of service-connected (SC) disabilities, or
- has SC disabilities that are rated at not less than 100 percent.
The Department of Veterans Affairs’ (VA’s) determination as to service connection (SC) for the cause of death or disability, as well as the degree of disability, is binding on the Secretary of War under 10 U.S.C. 7442, 10 U.S.C. 8454, and 10 U.S.C. 9342. |
XIII.ii.5.A.1.b. Inquiries Regarding Eligibility for an Appointment to a Service Academy | | Use the table below to determine what action to take when VA receives an inquiry regarding eligibility for an appointment to a service academy.| If VA receives an inquiry regarding eligibility for an appointment to a service academy, and … | Then … |
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- VA has already received a claim for benefits, and
- a rating decision of record exists
| a rating decision of record allowing or denying SC for the cause of death or disability must be accepted for that purpose.Note: VA provides the rating decision of record to the person inquiring only if requested. Otherwise, VA sends only the certificates as shown in M21-1, Part XIII, Subpart ii, 5.A.1.e. | a claim for benefits- ha s not been filed, and
- no determination of SC for disability or death has been made
| furnish a statement to that effect, explaining that in the absence of a claim, VA cannot furnish a certificate. | | a rating decision is deferred pending further development | inform the correspondent. |
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XIII.ii.5.A.1.c. Who May Sign the Certificate for an Appointment to a Service Academy | | A Senior Veterans Service Representative or other designee may sign the certificate in the name of the Veterans Service Center Manager or Pension Management Center Manager. |
XIII.ii.5.A.1.d. When to Furnish Certification of the Disability Rating of Record | | On request, furnish a certification of the disability rating of record, even if it is a temporary rating. If the 100-percent evaluation is assigned under 38 CFR 4.28, 38 CFR 4.29, or 38 CFR 4.30 of the rating schedule- include a statement that the evaluation is temporary, and
- show the basis for the evaluation, such as hospitalization or convalescence.
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XIII.ii.5.A.1.e. Wording on Certification of Disability Rating of Record | | Use the following wording on the certificate when responding to inquiries:Death Cases: “The Department of Veterans Affairs has determined that for the purpose of Public Law 586, 81st Congress, as amended, the death of[name] from[cause] on[date] was (not) caused by wounds or injuries received or disease contracted or aggravated in active service.Disability Cases:“The Department of Veterans Affairs has determined that for the purpose of Public Law 586, 81st Congress, as amended,[name] has (does not have) disability evaluated at 100 percent caused by wounds or injuries received or disease contracted or aggravated in active service.” |
Source: VA M21-1 Adjudication Procedures Manual, M21-1, Part XIII, Subpart ii, Chapter 5, Section A (U.S. government work, reproduced for reference). Browse all sections →