What this means
m21-1:XIII.ii.4.B explains request for information regarding state bonus or tax exemption. In plain terms, the official guidance says if a State requests information from VA records in order to make a determination regarding an individual’s eligibility to a particular State bonus or tax exemption, furnish any available information upon authorization of the It also addresses restrict the information that is furnished to matters of record. It is
How this may help with a claim
Use m21-1:XIII.ii.4.B when organizing evidence or checking VA's handling of request for information regarding state bonus or tax exemption. Compare your application, supporting records, and notice with this source-specific point: If a State requests information from VA records in order to make a determination regarding an individual’s eligibility to a particular State bonus or tax exemption, furnish any available information upon authorization of the Restrict the information that is furnished to matters of record. It is 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: when to provide information to a State
- Confirm that the record or notice addresses this source point: when to provide certification without further rating action.
- Document how this stated step or exception applies: XIII.ii.4.B.1.a. When to Provide Information to a State
Important limits
m21-1:XIII.ii.4.B explains VA guidance for request for information regarding state bonus or tax exemption; 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: If a State requests information from VA records in order to make a determination regarding an individual’s eligibility to a particular State bonus or tax exemption, furnish any available information upon authorization of the If payment of pension to a Veteran who is age 65 or older is denied or discontinued because of excessive income, VA may certify that a Veteran has a P&T disability rating in effect without a rating decision.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Request for Information Regarding State Bonus or Tax Exemption
- m21-1:XIII.ii.4.B
- Request Regarding State
- Bonus Tax Exemption
- Requests Concerning State Bonus
- when provide State
- nature provide State
- when provide certification without
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the topic “ Requests to the Department of Veterans Affairs (VA) Concerning a State Bonus or Tax Exemption.”
1. Requests to VA Concerning a State Bonus or Tax Exemption
Introduction
This topic contains information on requests to VA concerning a State bonus or tax exemption, including
- when to provide information to a State
- nature of information to provide to a State, and
- when to provide certification without further rating action.
Change Date
June 11, 2015
XIII.ii.4.B.1.a. When to Provide Information to a State
If a State requests information from Department of Veterans Affairs (VA) records in order to make a determination regarding an individual’s eligibility to a particular State bonus or tax exemption, furnish any available information upon authorization of the
- Veteran, or
- next of kin of a deceased Veteran.
XIII.ii.4.B.1.b. Nature of Information to Provide to a State
Restrict the information that is furnished to matters of record. It is
- proper to state factually that a Veteran is not less than 10-percent disabled and is receiving compensation, but
- improper to state that
- a certain person is a dependent of a Veteran, or
- a Veteran or a certain person is or is not entitled to a tax exemption or State bonus.
Notes:
- Whether the Veteran or a certain person is or is not entitled to a tax exemption or State bonus is for determination by the local authorities under applicable State legislation.
- If a claim for service connection for the cause of disability or death, or for permanent and total (P&T) disability, is pending, but VA has not made a determination, inform the requester of this fact.
XIII.ii.4.B.1.c. When to Provide Certification Without Further Rating Action
If payment of pension to a Veteran who is age 65 or older is denied or discontinued because of excessive income, VA may certify that a Veteran has a P&T disability rating in effect without a rating decision.
Note: Do not
- make a rating decision unless a claim for VA benefits has been received, or
- request a rating decision if a denial based on excessive income or some other bar has become final.
Reference: For information on when to rate previously discontinued Veterans’ pension claims, see M21-1, Part IX, Subpart ii, 2.A.4.