Development of Philippine Claims

Overview

In This Section

This section contains the following topics:

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1. Service Verification and Loyalty Information in Philippine Claims

Introduction

This topic contains information on service verification and loyalty information, including

• verifying service
• as a Regular or special Philippine Scout, and
• in the Commonwealth Army of the Philippines or as a United States Armed Forces in the Far East (USAFFE) guerilla
• when a loyalty
• check is not required by regional offices (ROs)
• clearance is not required by the Manila RO, and
• clearance is required
• how to request a loyalty clearance
• Manila RO's review of the microfilm index, and
• how to request
• loyalty information, and
• loyalty and service data on the same case.

Change Date

February 11, 2026

X.i.4.C.1.a. Verifying Service as a Regular or Special Philippine Scout

The United States Armed Forces provided Philippine Scouts discharge certificates similar to those issued to members of regular components of the United States Armed Forces.

In the absence of an original or certified copy of DD Form 214, Certificate of Release or Discharge from Active Duty,, obtain verification of an individual’s service as a Regular or Special Philippine Scout by submitting a code O50 request to the National Personnel Records Center (NPRC).

Exception: Disregard the instructions in this block if the Department of Veterans Affairs (VA) has ever submitted a request for service records under request code O50.

Notes:

• The United States Armed Forces assigned Philippine Scouts service numbers indicative of an overseas enlistment in one of the following ranges of numbers:
• 10,000,000-to-10,999,999, or
• 30,000,000-to-30,999,999.
• Regional offices (ROs) may also request service treatment records (STRs) for Regular and Special Philippine Scouts from NPRC.

Reference: For more information on requesting service records via STR assist, see the Veterans Benefits Management System (VBMS) Core User Guide.

X.i.4.C.1.b. Verifying Service in the Commonwealth Army of the Philippines or as a USAFFE Guerrilla

The United States Armed Forces did not provide separation or discharge documents to members of the Commonwealth Army of the Philippines or United States Armed Forces in the Far East (USAFFE) guerrillas. To obtain verification of an individual’s service in either of these armed forces, follow the steps in the table below.

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Important: The Armed Forces of the Philippines or the Philippine Veterans Affairs Office (PVAO) typically provides the Manila RO with documentation of an individual’s service in the Commonwealth Army of the Philippines or as a USAFFE guerrilla. However, the RO must still obtain verification of service from NPRC.

Notes:

• The Commonwealth Army of the Philippines assigned service numbers to its members that normally contain six digits.
• Many guerrillas do not have a service number.
• STRs for members of the Commonwealth Army of the Philippines or USAFFE guerrillas may be requested from NPRC.

Reference: For information on submitting a request for STRs via STR Assist, see the VBMS Core User Guide.

X.i.4.C.1.c. When a Loyalty Check Is Not Required by ROs

Do not make a request for a loyalty check based on the possibility of loyalty board proceedings when no derogatory information is contained in a report previously prepared by the Adjutant General Records Depository, formerly known as the Recovered Personnel Division.

X.i.4.C.1.d. When a Loyalty Clearance Is Not Required by the Manila RO

In cases processed in the Manila RO, do not request a loyalty clearance when neither the Veteran’s nor claimant’s name appears in the microfilm file of loyalty board proceedings.

X.i.4.C.1.e. When a Loyalty Clearance Is Required

If claims are processed at ROs other than the Manila RO, a loyalty clearance must always be requested.

Important: All claims involving Philippine Commonwealth Army service, regular guerrilla service, and Special Philippine Scout service must be processed only at the Manila RO.

X.i.4.C.1.f. How to Request a Loyalty Clearance

Follow the steps in the table below to request a loyalty clearance.

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References: For more information on

• loyalty clearances in Philippine cases, see M21-1, Part X, Subpart i, 3.B.6.g, and
• how the Manila RO reviews the microfilm index of loyalty status files, see M21-1, Part X, Subpart i, 4.C.1.g.

X.i.4.C.1.g. Manila RO's Review of the Microfilm Index

Upon receipt of a claim requiring a loyalty clearance, the Manila RO

• conducts an index search to determine if the claimant previously forfeited entitlement or should be considered for forfeiture of benefits by reason of fraudulent action in another claim
• annotates positive or negative search data, including any identifying numbers shown in the microfilm index, in the claims record, and
• returns the claim to the requesting RO, if appropriate.

X.i.4.C.1.h. How to Request Loyalty Information

Follow the steps in the table below to request loyalty information.

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Reference: For more information on obtaining loyalty information, see M21-1, Part X, Subpart i, 3.B.6.

X.i.4.C.1.i. How to Request Loyalty and Service Data on the Same Case

If questions concerning loyalty and service are involved in the same case, prepare a separate VA Form 21-3101 for each request, and submit each via DoD SAFE.

In the case of a living Veteran, do not routinely request loyalty data when the Armed Forces of the United States certify that the Veteran had recognized service as a “civilian guerrilla” only. In the absence of evidence to the contrary, accept the certification of recognized guerrilla service as a determination of loyalty during the period of service shown.

Reference: For more information on guerrilla service, see M21-1, Part X, Subpart i, 4.B.4.

2. Certification of Service for Philippine Veterans

Introduction

This topic contains information on certification of period of service, including

• acceptable periods of service for Philippine cases
• active service for Philippine Veterans detained or interned by the enemy
• definition of immediately following a period of active service
• developing Philippine cases based on former prisoner of war (FPOW) status
• when to take final action on Philippine claims
• when recertifications of service are
• required, and
• not required, and
• handling denial or withdrawal of service recognition.

Change Date

August 19, 2021

X.i.4.C.2.a. Acceptable Periods of Service for Philippine Cases

The following periods of service are acceptable for Philippine cases:

• service with the Philippine Commonwealth Army on or after July 26, 1941, and prior to July 1, 1946, during which period that force was a part of the Army of the United States (AUS) by virtue of the military order of the President, dated July 26, 1941
• service as a Regular Philippine Scout on or after December 7, 1941, but prior to October 6, 1945
• service as a Special Philippine Scout on or after October 6, 1945, but prior to July 1, 1947
• service with guerrilla groups prior to July 1, 1946, and
• service as a Regular Philippine Scout or as a member of the Philippine Commonwealth Army for the period spent as a prisoner of war (POW) immediately following a period of active duty.

References: For more information on

• verifying Philippine service, see M21-1, Part X, Subpart i, 4.C.1.a and b
• eligibility for benefits based on Philippine service, see M21-1, Part X, Subpart i, 4.B, and
• determining jurisdiction based on types of Philippine service, see M21-1, Part X, Subpart i, 4.A.1.a.

X.i.4.C.2.b. Active Service for Philippine Veterans Detained or Interned by the Enemy

Active service of a Regular Philippine Scout or a member of the Philippine Commonwealth Army serving with the Armed Forces of the United States will include

• time spent in a POW status immediately following a period of active duty, or
• a period of
• recognized guerrilla service, or
• unrecognized guerrilla service under a recognized commissioned officer.

X.i.4.C.2.c. Definition: Immediately Following a Period of Active Service

In VAOPGCPREC 14-1994, Office of General Counsel (OGC) held that the phrase immediately following a period of active service may be interpreted to refer to an event following closely after a period of active duty, directly related to that duty, and occurring before the Veteran performed activities not related to active military duty.

Below are examples of when the detention or internment referenced in M21-1, Part X, Subpart i, 4.C.4.a and b, may have been so closely related to the period of active duty that it may be considered active service under 38 CFR 3.41(b):

• Due to logistic factors, the Veteran may not have been physically detained or interned until a day or two after capitulation.
• The Veteran may have left his unit and attempted to flee or hide in anticipation of the capitulation and was quickly detained or interned.

Note: Activities that are not related to active military include returning to the civilian population and engaging in private pursuits.

X.i.4.C.2.d. Developing Philippine Cases Based on FPOW Status

When a claimant contends entitlement to benefits on the basis of Philippine service and status as a former prisoner of war (FPOW), development procedures differ slightly from those elsewhere detailed in

• M21-1, Part VIII, Subpart iv, 2.A, and
• M21-1, Part VIII, Subpart iv, 2.C.

Claims processors (in, or in collaboration with, the Manila RO) will follow the steps in the table below to develop Philippine cases based on FPOW status.

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X.i.4.C.2.e. When to Take Final Action on Philippine Claims

Take final action for an award, denial, or certification of pending legacy appeals on claims based on service in the Philippine Army only on the basis of certifications of service made by the Department of the Army on or after February 11, 1950.

X.i.4.C.2.f. When Recertifications of Service Are Required

Recertifications of service are required only for the 14th Infantry, AUS, cases.

Reference: For information on eligibility of service in the 14th Infantry, AUS, see M21-1, Part X, Subpart i, 4.B.1.b.

X.i.4.C.2.g. When Recertifications of Service Are Not Required

Recertifications of service are not required for cases involving members of the Navy or Regular Philippine Scouts.

X.i.4.C.2.h. Handling Denial or Withdrawal of Service Recognition

When recognition of alleged service is denied or a prior recognition is withdrawn, then either

• deny the claim, or
• in the case of a running award, follow the due process procedures in M21-1, Part X, Subpart iv, 3.B.2.

3. Field Examinations and Evidentiary Considerations for Philippine Cases

Introduction

This topic contains information on field examinations and evidentiary considerations for Philippine cases, including

• when to request a field examination for Philippine cases
• when a field examination is not required for Philippine cases
• acceptable evidence
• how to handle conflicting information
• required action on letters alleging payee non-entitlement
• when further development is required on alleged non-entitlement
• when development establishes factual basis for award suspension, and
• when further development is not required.

Change Date

February 11, 2026

X.i.4.C.3.a. When to Request a Field Examination for Philippine Cases

Request a field examination for

• development of such issues as
• service connection for cause of death
• identity of the claimant
• marital status
• forfeiture
• a claimed dependent’s relationship to a Veteran, and/or
• U.S. residency, citizenship, or permanent resident alien status, and
• further development of the question of loyalty, if
• loyalty status is uncertain, or
• fraud is suspected.

X.i.4.C.3.b. When a Field Examination Is Not Required for Philippine Cases

Do not request a field examination in Philippine cases to

• investigate the facts of military service, such as to obtain evidence as to whether the alleged serviceperson was a Veteran within the meaning of laws administered by VA, or
• secure any evidence that can be obtained by using VMBS or transmitting VA Form 21-3101 via DoD SAFE, including
• type of service
• period of service
• interruptions in, and manner of termination of, military service
• clinical records of U.S. or Philippine Army hospitals, and
• arrears in pay claims.

Exceptions: Request a field examination to

• investigate the facts of military service only in special cases when the request is approved by the Veterans Service Center Manager (VSCM), Pension Management Center Manager (PMCM), or designee, or
• secure evidence only if the VSCM/PMCM or designee finds that the required evidence cannot be secured by using VBMS or transmitting VA Form 21-3101 via DoD SAFE.

X.i.4.C.3.c. Acceptable Evidence

Mimeographed, photocopied, or printed forms of affidavits, other than those on standard government forms, are acceptable as evidence in support of Philippine claims if VA is satisfied that the copies are genuine and free from alteration.

X.i.4.C.3.d. How to Handle Conflicting Information

Use the table below to determine how to handle conflicting information regarding service or date of death.

Important: Do not apply the provisions described in the table below if evidence is received that alleges to establish civilian guerrilla service, because guerrilla rosters have been closed and will not be reopened.

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X.i.4.C.3.e. Required Action on Letters Alleging Payee Non-Entitlement

When letters, anonymous or signed, are received alleging that a payee is not entitled to the benefit being paid, determine if the evidence is sufficient to warrant terminating benefits.

X.i.4.C.3.f. When Further Development Is Required on Alleged Non-Entitlement

If the letter alleging nonentitlement contains specific assertions of fact, not mere generalities, and it appears that the writer has knowledge of the circumstances, complete any necessary development to include a field examination, if required.

X.i.4.C.3.g. When Development Establishes Factual Basis for Award Suspension

If the developed evidence establishes a factual basis for suspension of the award, then

• in cases subject to forfeiture, follow the due process procedures in M21-1, Part X, Subpart iv, 3.B.2, or
• in all other cases, follow the due process procedures in M21-1, Part X, Subpart ii, 3.A and B.

X.i.4.C.3.h. When Further Development Is Not Required

Use the table below to determine what actions are necessary if the letter alleging nonentitlement contains mere generalities not requiring development

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Reference: For more information on using VBMS, see

• the VBMS Core User Guide, and
• claims folder formats and determining whether scanning is necessary, see M21-1, Part II, Subpart ii, 1.A.2.

4. Handling Forfeiture of Benefits for Philippine Cases

Introduction

This topic contains information on how to handle forfeiture of benefits, including

• when a loyalty clearance is required
• handling evidence of
• membership in a pro-Japanese organization, and
• derogatory reports, and
• considering the evidence of record before accepting derogatory reports.

Change Date

August 14, 2006

X.i.4.C.4.a. When a Loyalty Clearance Is Required

A loyalty clearance is always required in the following cases:

• when forfeiture of benefits for treason may be declared under the provisions of 38 U.S.C. 6104, or
• in connection with payments to persons formerly in enemy territory under 38 U.S.C. 5308.

Reference: For more information on the procedure for forfeiture of benefits, see M21-1, Part X, Subpart iv, 3.B.

X.i.4.C.4.b. Handling Evidence of Membership in a Pro-Japanese Organizations

Evidence showing the Veteran’s or claimant’s membership in a pro-Japanese organization on or after December 7, 1941, is sufficient to justify submission for forfeiture consideration.

X.i.4.C.4.c. Handling Evidence of Derogatory Reports

Use the table below to handle evidence of derogatory reports containing the name of the Veteran or claimant.

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X.i.4.C.4.d. Considering the Evidence of Record Before Accepting Derogatory Reports

Before accepting information contained in a derogatory report to make a determination, consider the following in the evidence of record for the Veteran or claimant:

• age
• place of birth
• place of residence
• sex
• education
• normal occupation
• standing in the community, and
• nationality.

Note: Always consider matters of common knowledge, local customs, and other factors. If there is doubt, request a field examination to obtain further information.

Reference: For more information on how to request field examinations, see

• M21-1, Part X, Subpart i, 4.C.3, and
• M21-1, Part X, Subpart v, 1.E.

5. Dependent Claims and Benefits in Philippine Cases

Introduction

This topic contains information on claims for additional benefits for dependents in Philippine cases, including

• reviewing claims for additional benefits for dependents
• considering pension received from the Philippine Veterans Affairs Office (PVAO) as income
• circumstances under which it is appropriate to request a field examination
• reviewing previous determinations
• effective date of an award when entitlement is granted following a prior denial, and
• appointment of fiduciary for a child pending determination of surviving spouse’s entitlement.

Change Date

August 19, 2021

X.i.4.C.5.a. Reviewing Claims for Additional Benefits for Dependents

To claim additional benefits for a dependent(s), a claimant must

• submit one of the forms listed in the last row of the table in M21-1, Part II, Subpart ii, 2.A.1.b (if VA received the claim on or after March 24, 2015), and
• furnish original or genuine and unaltered copies of
• birth certificates
• marriage certificates, and/or
• divorce decrees.

Notes:

• If the claimant submits genuine and unaltered copies, do not request original versions of the above documents.
• If evidence/information required to add a dependent to a claimant’s award is missing, request the evidence/information from the claimant, unless
• the claimant submitted his/her claim on a September 2018 or later version of VA Form 21-686c, Application Request To Add And/Or Remove Dependents, and
• the form specifically asks the claimant for the evidence/information that is missing.
• Refer domestic-relations questions that require legal opinions to the OGC.

References: For more information on

• the acceptability of photocopies, see 38 CFR 3.204(c)
• tribal marriages in Philippine cases, see M21-1, Part VII, Subpart i, 2.C.1.a, and
• domestic-relations questions that require legal opinions, see M21-1, Part VII, Subpart i, 1.A.3.d.

X.i.4.C.5.b. Considering Pension Received From PVAO as Income>

Consider pension received from the PVAO as income when determining entitlement to VA pension.

When a spouse or child claimant states they have applied for PVAO pension, the Manila RO must request information on the amount of pension received and the beginning and ending dates of payment.

Note: Service as a Regular Philippine Scout is the only Philippine service that entitles Veterans and dependents to VA pension.

X.i.4.C.5.c. Circumstances Under Which It Is Appropriate to Request a Field Examination

Request a field examination when the evidence a claimant submits is so conflicting that personal contact is required to explain the discrepancies and ascertain the facts.

Attempts to obtain clarification through multiple available communication methods, to include telephone contact, must be made and documented within the record prior to requesting personal contact through a field examination.

X.i.4.C.5.d. Reviewing Previous Determinations

Review previous determinations regarding entitlement to additional benefits for a dependent only when

• there is conflicting information to consider, or
• one of the following is pending that involves a prior denial of a claim for additional benefits for a dependent:
• legacy appeal
• supplemental claim, or
• request for a higher-level review.

X.i.4.C.5.e. Effective Date of an Award When Entitlement Is Granted Following a Prior Denial

If, after the review referenced in M21-1, Part X, Subpart i, 4.C.5.d, entitlement to additional benefits for a dependent(s) may be established under existing criteria, prepare an award if otherwise in order.

Use the existing rules to determine the effective date of the award.

Note: If entitlement is established solely by reason of changed criteria (38 CFR 3.114(a)) approved by the Secretary, do not make the effective date of the award prior to the date of the change.

X.i.4.C.5.f. Appointment of Fiduciary for a Child Pending Determination of Surviving Spouse’s Entitlement

When there is a surviving spouse with a child or children and an award is to be made to the children pending the outcome of a field examination to determine the surviving spouse’s entitlement or continued entitlement

• prepare VA Form 21-592, Request for Appointment of a Fiduciary, Custodian or Guardian, for the children, and
• submit the form with the request for field examination to the Fiduciary Activity, or other PMCM or VSCM designee.

Note: Do not apply these provisions in Veterans Pension cases when children are in the custody of the surviving spouse, as no award for the children may be made without a determination of the surviving spouse’s entitlement.

Reference: For more information on preparing and submittal of VA Form 21-592, see M21-1, Part X, Subpart ii, 6.C.

6. Correspondence With the Philippine Embassy and Philippine Department of Foreign Affairs

Introduction

This topic contains information on correspondence, including

• replying to correspondence received from the Philippine Embassy, and
• corresponding with the Philippine Department of Foreign Affairs.

Change Date

December 11, 2020

X.i.4.C.6.a. Replying to Correspondence Received From the Philippine Embassy

Follow the steps in the table below to reply to correspondence received directly from the Philippine Embassy.

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X.i.4.C.6.b. Corresponding With the Philippine Department of Foreign Affairs

When correspondence is received from the Philippine Department of Foreign Affairs, the

• Manila RO may reply directly to the originator, and
• reply may be released locally as provided by U.S. Embassy, Manila, directives.

ROs other than the Manila RO must reply to correspondence received from the Philippine Department of Foreign Affairs, Manila, by following the procedure in M21-1, Part X, Subpart i, 4.C.6.a.