What this means
m21-1:II.iii.1.B explains screening applications for benefit eligibility. In plain terms, the official guidance says in reviewing and processing an original application for VA benefits, a claims processor must determine if the veteran or claimant meets the eligibility criteria for the specific benefits only after It also addresses any person who applies for a VA compensation or pension benefit must disclose their Social Security number (SSN) and the SSNs of their dependents. However, an SSN is not required for any person to whom no SSN has been assigned.
How this may help with a claim
Use m21-1:II.iii.1.B when organizing evidence or checking VA's handling of screening applications for benefit eligibility. Compare your application, supporting records, and notice with this source-specific point: In reviewing and processing an original application for VA benefits, a claims processor must determine if the veteran or claimant meets the eligibility criteria for the specific benefits only after Any person who applies for a VA compensation or pension benefit must disclose their Social Security number (SSN) and the SSNs of their dependents. Save proof of submission and identify the exact condition, exception, or missing development step before requesting correction or choosing a review option.
What to review in your file
- Check the file against this official condition: In reviewing and processing an original application for VA benefits, a claims processor must determine if the veteran or claimant meets the eligibility criteria for the specific benefits only after
- Confirm that the record or notice addresses this source point: In order to verify service, review active duty dates and verify COD by
- Document how this stated step or exception applies: obtaining a VA administrative decision, when necessary.
Important limits
m21-1:II.iii.1.B explains VA guidance for screening applications for benefit eligibility; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: In reviewing and processing an original application for VA benefits, a claims processor must determine if the veteran or claimant meets the eligibility criteria for the specific benefits only after In addition to meeting the wartime service and minimum active duty requirements, entitlement to pension payments based on disability and income must be determined as outlined in
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Screening Applications for Benefit Eligibility
- m21-1:II.iii.1.B
- Screening Applications Benefit
- Eligibility
- Benefit-Specific Eligibility Factors
- screening original application basic
- requirement Social Security numbers
- eligibility determinations
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the topic " Benefit-Specific Eligibility Factors."
1. Benefit-Specific Eligibility Factors
Introduction
This topic contains information on benefit-specific eligibility factors, including
- screening an original application for basic eligibility
- requirement for Social Security numbers (SSNs)
- eligibility determinations for
- compensation
- pension
- survivors benefits, and
- related benefits, and
- eligibility for Chapter 18 benefits.
Change Date
March 22, 2024
II.iii.1.B.1.a. Screening an Original Application for Basic Eligibility
In reviewing and processing an original application for Department of Veterans Affairs (VA) benefits, a claims processor must determine if the claimant meets the eligibility criteria for the specific benefits only after
- Veteran status has been established
- service has been verified, and
- character of discharge (COD) has been found to be other than dishonorable.
Note: In order to verify service, review active duty dates and verify COD by
- reviewing the discharge document
- obtaining verification by the service department, or
- obtaining a VA administrative decision, when necessary.
Exception: If the claims processor determines that a claimant does not meet one or more eligibility factors for a benefit, the claim can be denied without verifying service. In these cases, the decision notice must fully inform the claimant of VA’s action, informing them, if appropriate, that Veteran status has not been established.
Reference: For more information on providing a decision notice, see
- 38 CFR 3.103(f), and
- M21-1, Part VI, Subpart i, 1.B.
II.iii.1.B.1.b. Requirement for SSNs
Any person who applies for a VA compensation or pension benefit must disclose their Social Security number (SSN) and the SSNs of their dependents. However, an SSN is not required for any person to whom no SSN has been assigned.
Notes:
- If there is no evidence to the contrary, accept a claimant’s (or fiduciary’s) certified statement that no SSN has been assigned.
- A claimant may provide the SSN over the telephone. However, do not accept a certified statement that no SSN has been assigned orally; a signature is required. The claimant may submit the certified statement electronically through a VA claims submission service website, in person, or by mail.
References: For more information on
- the mandatory disclosure of SSNs, see 38 CFR 3.216, and
- development procedures for SSNs, see M21-1, Part VII, Subpart i, 1.A.7.
II.iii.1.B.1.c. Eligibility Determinations for Compensation
If a claim is submitted for service-connected (SC) disability compensation and honorable active service is verified, compensation entitlement is determined by the rating activity.
When a rating decision is completed, the decision indicates whether a Veteran is entitled to compensation and, if so, to what degree. In addition, the rating decision may include entitlement to special monthly compensation and any related benefits.
II.iii.1.B.1.d. Eligibility Determinations for Pension
Wartime service for pension is established if a Veteran served
- at least 90 days of active duty during a period of war
- at least 90 consecutive days of active duty and such period began or ended during a period of war
- a total of 90 or more days of active duty during one or more wartime periods, or
- any amount of time during a period of war and
- was discharged for a disability incurred or aggravated in service, or
- had an SC disability at the time of discharge that would have justified a discharge for disability.
Important: Veterans entering service after September 7, 1980, must also meet the minimum active duty requirement of 24 months of continuous service or the full period to which the Veteran was called to active duty, as provided in 38 U.S.C. 5303A and 38 CFR 3.12a. The minimum active duty period must include at least one day of wartime service.
Note: In addition to meeting the wartime service and minimum active duty requirements, entitlement to pension payments based on disability and income must be determined as outlined in
- M21-1, Part IX, Subpart i, 1.1
- M21-1, Part IX, Subpart ii, 1.A, and
- M21-1, Part IX, Subpart iii, 1.A.
References: For more information on
- SC disabilities at the time of discharge and entitlement to pension, see 38 CFR 3.3
- pension wartime service requirement, see M21-1, Part IX, Subpart i, 1.2.a, and
- active duty service requirements, see M21-1, Part III, Subpart i, 1.B.1.
II.iii.1.B.1.e. Eligibility Determinations for Survivors Benefits
Based on the individual who files the claim for survivors benefits, consider the factors listed in the table below.
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| If … | Then … |
|---|---|
| the claimant is a surviving spouse or child who has filed for Survivors Pension | the Veteran’s service must meet the basic eligibility criteria of M21-1, Part II, Subpart iii, 1.B.1.d for pension. |
| the claimant is a surviving spouse, child, or parent who has filed for Dependency and Indemnity Compensation (DIC) | refer the claim to the rating activity for a determination. Note: If death occurred in service, see M21-1, Part XII, Subpart i, 1.C.1.b to determine if a rating decision is necessary. Exception: If a parent(s) income is excessive for DIC, deny the claim without referral to the rating activity. |
| the claimant is a surviving spouse, child or parent who has filed for Survivors Pension or DIC | the claimant’s relationship to the Veteran must be established. Reference: For more information on relationship, see 38 CFR 3.50 through 38 CFR 3.60. |
| the claim is for a burial or plot allowance | the specific requirements of 38 CFR 3.1700 must be met. |
II.iii.1.B.1.f. Eligibility Determinations for Related Benefits
Use the table below when making eligibility determinations regarding related benefits.
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| Type of Related Benefit | Eligibility Requirements |
|---|---|
| automobile or other conveyance allowance | Requires SC disability or a disability incurred due to treatment under 38 U.S.C. 1151, which results in loss, or permanent loss of use, of one or both feet, or one or both hands permanent impairment of vision of both eyes to a prescribed degree a severe burn injury defined as disability caused by deep partial thickness or full thickness burns resulting in scar formation that causes contractures and limits motion in one or more extremities or the trunk and precludes effective operation of an automobile, or amyotrophic lateral sclerosis. Reference: For more information on payment and eligibility for automobile allowance, see M21-1, Part XIII, Subpart i, 2.A, and 38 CFR 3.808. |
| specially adapted housing and special home adaptation grants | Requires SC disability or a disability incurred due to treatment under 38 U.S.C. 1151, that results in prescribed limitations. Reference: For more information on eligibility factors, see M21-1, Part XIII, Subpart i, 2.B.1, and 38 CFR 3.809a. |
| Restored Entitlement Program for Survivors (REPS) (Special allowance under Public Law 97-377, Section 156) | Requires a formal determination concerning the Veteran’s death and disability. Reference: For more information on REPS, see 38 CFR 3.812, and M21-1, Part XII, Subpart ii, 3.A. |
| vocational rehabilitation/employment services | 38 U.S.C. Chapter 31 requires a combined SC disability evaluation of at least 20 percent, and an evaluation and determination of entitlement by the Veteran Readiness and Employment (VR&E) Division, or a combined SC disability evaluation of 10 percent with a VR&E finding of a serious employment handicap. Reference: For more information on VR&E benefits, see M28-1, and 38 CFR Part 21. |
| Dependents Educational Assistance (DEA) | 38 U.S.C. Chapter 35 requires permanent and total SC disability (This means either a combined evaluation of 100 percent or a total rating due to individual unemployability, both with no future examination.) SC death, or permanent and total SC disability at the time of death. Note: Generally, a dependent must be established for benefit purposes and a child must have completed high school or be beyond the compulsory age for school attendance. Reference: For more information on DEA, see M22-4, Part 7 M21-1, Part XIII, Subpart i, 1.A, and 38 CFR Part 21, Subpart C. |
II.iii.1.B.1.g. Eligibility for Chapter 18 Benefits
38 U.S.C. Chapter 18 benefits are not dependent on the COD. That is, regardless of the characterization of the service of the Veteran parent, individuals may receive Chapter 18 benefits if the necessary service and relationship requirements are met.
Reference: For more information on Chapter 18 benefits, see M21-1, Part VIII, Subpart i, 3.