What this means
m21-1:XIII.i.3.G explains eligibility for medical services for polish and czechoslovakian armed forces. In plain terms, the official guidance says PL 94-491 amended 38 U.S.C. 109 by establishing eligibility for medical services for certain members of the Polish and Czechoslovakian Armed Forces who served during World War I or II. It also addresses if the claim is identified as a PL 94-491 case and rating action is required, the Wilmington VA Medical Center, Medical Administration Service, is responsible for developing the claim and will refer the following items to the Wilmington RO:
How this may help with a claim
Use m21-1:XIII.i.3.G as an internal VA audit trail for eligibility for medical services for polish and czechoslovakian armed forces, not as a promise of a particular result. Compare the actions recorded in your claim file or decision notice with this source-specific detail: PL 94-491 amended 38 U.S.C. 109 by establishing eligibility for medical services for certain members of the Polish and Czechoslovakian Armed Forces who served during World War I or II. If the claim is identified as a PL 94-491 case and rating action is required, the Wilmington VA Medical Center, Medical Administration Service, is responsible for developing the claim and will refer the following items to the Wilmington RO: 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: information forwarded when rating action is required, and
- Confirm that the record or notice addresses this source point: Upon a regional office’s (RO’s) receipt of VA Form 10-7131, Exchange of Beneficiary Information and Request for Administrative and Adjudicative Action, with no additional accompanying evidence, return the form to the requesting medical facility with instructions to provide medical evidence so that the RO may make a determination regarding entitlement.
- Document how this stated step or exception applies: XIII.i.3.G.1.c. Information Forwarded When Rating Action Is Required
Important limits
m21-1:XIII.i.3.G is primarily internal workflow guidance about eligibility for medical services for polish and czechoslovakian armed forces. 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: PL 94-491 amended 38 U.S.C. 109 by establishing eligibility for medical services for certain members of the Polish and Czechoslovakian Armed Forces who served during World War I or II. Base rating determinations under 38 U.S.C 109(c) on the evidence submitted with the request.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Eligibility for Medical Services for Polish and Czechoslovakian Armed Forces
- m21-1:XIII.i.3.G
- Eligibility Medical Services
- Polish Czechoslovakian Armed
- Eligibility Requests Polish Czechoslovakian
- statutory basis eligibility
- handling receipt Form 10-7131
- forwarded when rating action
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the following topics:
Scroll sideways to see the full table.
| Topic | Topic Name |
|---|---|
| 1 | Eligibility Requests for Polish and Czechoslovakian Armed Forces |
| 2 | Ratings for the Polish and Czechoslovakian Armed Forces Under 38 U.S.C. 109(c) |
1. Eligibility Requests for Polish and Czechoslovakian Armed Forces
Introduction
This topic contains information on eligibility requests for the Polish and Czechoslovakian Armed Forces, including
- statutory basis for eligibility
- handling receipt of VA Form 10-7131, Exchange of Beneficiary Information and Request for Administrative and Adjudicative Action, for a Polish or Czechoslovakian Veteran who served in the U.S. Armed Forces
- information forwarded when rating action is required, and
- maintaining control of cases.
Change Date
June 1, 2021
XIII.i.3.G.1.a. Statutory Basis for Eligibility
PL 94-491 amended 38 U.S.C. 109 by establishing eligibility for medical services for certain members of the Polish and Czechoslovakian Armed Forces who served during World War I or II.
Reference: For more information, see 38 U.S.C. 109(c).
XIII.i.3.G.1.b. Handling Receipt of VA Form 10-7131 for a Polish or Czechoslovakian Veteran Who Served in the U.S. Armed Forces
Upon a regional office’s (RO’s) receipt of VA Form 10-7131, Exchange of Beneficiary Information and Request for Administrative and Adjudicative Action, with no additional accompanying evidence, return the form to the requesting medical facility with instructions to provide medical evidence so that the RO may make a determination regarding entitlement.
The medical facility is responsible for fully developing the claim. Once development is completed, a request is sent directly to the Medical Administration Service (MAS) (136) in the Wilmington Department of Veterans Affairs Medical and Regional Office Center (VAMROC) who creates a special Polish-Czechoslovakian folder.
Note: The Wilmington RO does not develop in these cases, and the Wilmington Veterans Service Center (VSC) does not take action on a claim until
- MAS (136) creates a special Polish-Czechoslovakian folder, and
- development is complete.
XIII.i.3.G.1.c. Information Forwarded When Rating Action Is Required
If the claim is identified as a PL 94-491 case and rating action is required, the Wilmington VA Medical Center, Medical Administration Service, is responsible for developing the claim and will refer the following items to the Wilmington RO:
- VA Form 10-7131 indicating the specific condition for which SC for treatment purposes is claimed
- a copy of the certification of service establishing dates of qualifying service during World War I or II
- records of treatment of the disability during service, and
- current medical evidence relating to the disability.
Note: In these cases, no VA claim number is assigned.
Reference: For more information on rating disabilities under the provisions of 38 U.S.C. 109(c), see M21-1, Part XIII, Subpart i, 3.G.2.
XIII.i.3.G.1.d. Maintaining Control of Cases
Maintain temporary control of cases requiring rating action by using an alphabetical holding file under the claimant’s last name.
2. Ratings for the Polish and Czechoslovakian Armed Forces Under 38 U.S.C. 109(c)
Introduction
This topic contains information on rating for the Polish and Czechoslovakian Armed Forces under 38 U.S.C. 109(c), including
- jurisdiction for rating determinations under 38 U.S.C. 109(c)
- basing rating determinations under 38 U.S.C. 109(c) on the evidence, and
- information to include in the rating decision for eligibility under 38 U.S.C. 109(c).
Change Date
November 21, 2006
XIII.i.3.G.2.a. Jurisdiction for Rating Determinations Under 38 U.S.C. 109(c)
The VSC of the Wilmington VAMROC has sole jurisdiction for all rating determinations required for the Polish and Czechoslovakian Armed Forces under 38 U.S.C. 109(c) per 38 CFR 3.359.
Route requests received by any other RO to the Wilmington VAMROC with information as to the referral provided to the submitting health care facility.
XIII.i.3.G.2.b. Basing Rating Determinations Under 38 U.S.C. 109(c) on the Evidence
Base rating determinations under 38 U.S.C 109(c) on the evidence submitted with the request.
The medical facility is responsible for fully developing the claim before sending the request directly to Medical Administration Service (MAS) (136) in the Wilmington VAMROC.
XIII.i.3.G.2.c. Information to Include in the Rating Decision for Eligibility Under 38 U.S.C. 109(c)
In the rating decision, under the Decision, show Eligibility for hospital or outpatient treatment Under 38 U.S.C. 109(c) [is] [is not] established.
In the coded conclusion, evaluate conditions established as service-connected with a statement of either 50 percent or more or less than 50 percent.
Notes:
- Apply existing criteria for the determination of service connection and degree of disability.
- Return the completed rating and all other materials to the MAS, Wilmington, for its maintenance of eligibility records.