What this means
m21-1:X.iv.1.E explains processing cases involving common accidents in service. In plain terms, the official guidance says 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. It also addresses 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.
How this may help with a claim
Use m21-1:X.iv.1.E as an internal VA audit trail for processing cases involving common accidents in service, not as a promise of a particular result. Compare the actions recorded in your claim file or decision notice with this source-specific detail: 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. 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. If the record does not show the expected action, identify the missing step precisely when asking VA or an accredited representative to review the file.
What to review in your file
- Check the file against this official condition: Establish jurisdiction for common accident cases on an individual case basis, except when otherwise specifically assigned by Central Office (CO).
- Confirm that the record or notice addresses this source point: 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
- Document how this stated step or exception applies: The table below describes how CO processes claims in common accident cases when they are transferred by the RO.
Important limits
m21-1:X.iv.1.E is primarily internal workflow guidance about processing cases involving common accidents in service. It can help identify what VA was expected to document, but it does not by itself create a claimant deadline, a freestanding entitlement, or a guaranteed remedy. The source also states: 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. 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
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Processing Cases Involving Common Accidents in Service
- m21-1:X.iv.1.E
- Processing Cases Involving
- Common Accidents Service
- definition common accident
- jurisdiction common accident cases
- processing common accident claims
- regional offices
Original VA guidance
The official VA text of this section
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.
Scroll sideways to see the full table.
| 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. |