Compensation & Pension Service
Bulletin
INSIDE THIS ISSUE
Policy (211)
1 o Information on Vietnam Naval
Operations
Procedures (212)
2 o BDN Automated CRSC/CRDP
Payments Discontinued
o Fast Letter 10-03, Chapter 35 Benefits
for Dependents of Servicemembers
3 o Fast Letter 09-52, Verification of
Participation in “Special Operations”
Incidents
o Correcting Erroneous Diagnostic Codes
for Undiagnosed Illness
Training and Contract Exams (213)
o Skill Certification Tests
Quality Assurance (214)
4 o Rating Quality Call
o M21-4 Update
o Fiduciary STAR Reviews
Business Management Staff (215)
o VOR enhancements
Veteran Services (216)
o VA Form 21-4703, Fiduciary
Agreement
5 o VA Form 21-4718a, Certificate of
Balance on Deposit and Authority to
Disclose Financial Records
Newsletter 1
January 2010
o Fiduciary Teleconference
o VA Form 21-7288(a), Daily Record of
Veterans Assistance Interviews
o Congressional Correspondence
o Homeless Veterans
Policy (211)
Information on Vietnam Naval Operations
Compensation and Pension (C&P) Service has
initiated a program to collect data on Vietnam
naval operations for the purpose of providing
regional offices with information to assist with
development in Haas related disability claims
based on herbicide exposure from Navy
Veterans. To date, we have received verification
from various sources showing that a number of
offshore “blue water” naval vessels conducted
operations on the inland “brown water” rivers
and delta areas of Vietnam. We have also
identified certain vessel types that operated
primarily or exclusively on the inland
waterways. The ships and dates of inland
waterway service are listed below. If a
Veteran’s service aboard one of these ships can
be confirmed through military records during the
time frames specified, then exposure to herbicide
agents can be presumed without further
development.
All vessels of Inshore Fire Support [IFS]
Division 93 during their entire Vietnam tour
USS Carronade (IFS 1)
USS Clarion River (LSMR 409) [Landing Ship,
Medium, Rocket]
USS Francis River (LSMR 525)
USS White River (LSMR 536)
All vessels with the designation LST [Landing
Ship, Tank] during their entire tour
[WWII ships converted to transport supplies on
rivers and serve as barracks for brown water
Mobile Riverine Forces]
All vessels with the designation LCVP [Landing
Craft, Vehicle, Personnel] during their entire
tour
All vessels with the designation PCF [Patrol
Craft, Fast] during their entire tour
[Also called Swift Boats, operating for enemy
interdiction on close coastal waters]
All vessels with the designation PBR [Patrol
Boat, River] during their entire tour
[Also called River Patrol Boats as part of the
Mobile Riverine Forces operating on inland
waterways and featured in the Vietnam film
“Apocalypse Now”]
USS Ingersoll (DD-652) [Destroyer] [Operated
on Saigon River, October 24-25, 1965]
USS Mansfield (DD-728) [Destroyer] [Operated
on Saigon River August 8-19, 1967 and
December 21-24, 1968]
USS Richard E. Kraus (DD-849) [Destroyer]
[Operated on coastal inlet north of Da Nang,
June 2-5, 1966, protecting Marines holding a
bridge]
USS Basilone (DD-824) [Destroyer] [Operated
on Saigon River, May 24-25, 1966]
USS Hamner (DD-718) [Destroyer] [Operated
on Song Lon Tao and Long Song Tao Rivers,
August 15-September 1, 1966]
USS Conway (DD-507) [Destroyer] [Operated
on Saigon River, early August 1966]
Newsletter 2
USS Fiske (DD-842) [Destroyer] [Operated on
Mekong River, June 16-21, 1966]
USS Black (DD-666) [Destroyer] [Operated on
Saigon River, July 13-19, 1966]
USS Providence (CLG-6) [Cruiser, Light,
Guided Missile] [Operated on Saigon River 3
days during January 1964]
USS Mahan (DLG-11) [Guided Missile Frigate]
[Operated on Saigon River October 24-28, 1964]
USS Okanogan (APA-220) [Attack Transport]
[Operated on Saigon River July 22-23, 29-30,
1968 and August 5-6, 1968]
USS Niagara Falls (AFS-3) [Combat Stores
Ship] [Unloaded supplies on Saigon River and
Cam Rahn Bay, April 22-25, 1968]
Procedures (212)
BDN Automated CRSC/CRDP Payments
Discontinued
A recent review revealed that the automated
Combat-Related Special Compensation (CRSC)
and Concurrent Retirement and Disability Pay
(CRDP) payments that were still being made on
some BDN cases were resulting in
overpayments. Therefore, that process was
discontinued. Accordingly, all BDN
CRSC/CRDP payments will be made through
the Audit Error Worksheet (AEW) process. As
with all AEWs, Virtual VA (VVA) and TINQ
(Treasure Inquiry) should be checked for prior
payments before processing.
Fast Letter 10-03, Chapter 35 Benefits for
Dependents of Servicemembers
On January 7, 2010, C&P Service released Fast
Letter 10-03, Chapter 35 Benefits for
Dependents of Servicemembers. This letter
contains guidance for the development and
processing of claims for Dependents’
Educational Assistance (DEA/chapter 35
benefits) under Public Law 109-461. Section
301 of the law allows the Department of
Veterans Affairs (VA) to pay DEA benefits to
dependents of severely disabled servicemembers
who are pending discharge from the military.
Eligible dependents may now receive DEA
benefits before servicemembers are discharged.
The new category of eligible persons includes
the spouses and children of active duty
servicemembers who at the time of VA’s
decision:
 are hospitalized or receiving outpatient
medical care, services, or treatment;
 have a total disability permanent in nature,
incurred or aggravated in the line of duty in
the active military, naval, or air service; and
 are likely to be discharged or released from
service for the disability.
Fast Letter 09-52, Verification of
Participation in “Special Operations”
Incidents
On December 9, 2009 C&P Service released
Fast Letter 09-52, Verification of Participation
in “Special Operations” Incidents. This fast
letter provides instructions for verifying a
Veteran’s involvement in Special Operations
Forces classified missions or obtaining related
classified documents.
Correcting Erroneous Diagnostic Codes for
Undiagnosed Illness
Members of a Gulf War Veterans Information
Systems (GWVIS) Work Group have identified
many records, potentially involving qualifying
chronic disabilities associated with service in
Southwest Asia, with erroneous diagnostic
codes. These errors can negatively impact the
quality of the GWVIS reports which are
provided to stakeholders who monitor Gulf War
Veterans’ use of Compensation and Pension
Newsletter 3
Benefits.
The most common errors involve misplacement
of the diagnostic codes in the 8800 series and/or
misuse of the analogous codes XX99. While
RBA2000 prevents these errors from occurring
in current ratings, the errors still exist in ratings
completed prior to RBA2000. RVSRs should be
reminded that before signing a new rating
decision, they must verify the accuracy of the
entire codesheet, including previously entered
diagnostic codes (per M21-1MR III.iv.6.D.20).
RVSRs and Authorizers are asked to pay
particular attention to previous ratings involving
any Undiagnosed Illness or any medically
unexplained chronic multisymptom illness, to
ensure that all diagnostic codes have been input
correctly according to M21-1MR IV.ii.2.D.16.d-
g. When errors are identified, action must be
taken to correct the hyphenated codes.
Training & Contract Exams (213)
Skill Certification Tests
The next VSR Skills Certification test will be
given on February 10, 2010. VSRs who have
completed the VSR training curriculum, are
meeting the local trainee performance standard,
and have one year time in grade as a GS-10 are
eligible to take this test.
The next Journey-Level Rating Veteran Service
Representative (RVSR) Certification test is
scheduled for February 24, 2010. To be eligible
to take the test, RVSRs must be at the GS 12
level or above, be meeting the local performance
standard, and have been an RVSR for at least 24
months.
Further information regarding these tests will be
forthcoming from the Office of Field Operations.
Quality Assurance (214)
Rating Quality Call
The Monthly Rating Quality Call for January is
scheduled for January 28, 2010, at 2:00 PM
EST. The results from the IRR study will be
discussed. Please ensure that, at a minimum,
your training coordinators and/or quality
reviewers are on the call. The call-in
information is posted on the calendar page for
January 2010, and can be accessed through the
calendar link on the C&P Home Page.
Questions may be directed to the 214B mailbox
at VAVBAWAS/CO/214B.
M21-4 Update
Chapter 2, Paragraph 2.05 g. “COVERS” of
M21-4, Manpower Control and Utilization in
Adjudication, has been updated requiring
regional offices to do a periodic rescan of folders
in COVERS every seven days as a minimum.
The update is available on the C&P Intranet and
through WARMS. Questions should be
submitted to the 214A mailbox at
VAVBAWAS/CO/214A.
Fiduciary STAR Reviews
Effective with the call up list for January 2010
(work product codes completed in December
2009), the newly assigned Fiduciary STAR staff,
located in Nashville, TN, will start conducting
national quality reviews for Fiduciary cases.
All Principal Guardianship Folders (PGFs)
requested for national quality review should be
sent to the STAR Nashville office at the
following address:
3322 West End Avenue
Suite 730
Nashville, TN 37203
Newsletter 4
Questions can be directed to the Quality
Assurance mailbox, VAVBAWAS/CO/214B or
Christi Greenwell at 615-279-8380.
Business Management (215)
VOR Enhancements
Several enhancements were made to VOR last
week. This includes a new brokered work detail
report which allows stations receiving brokered
work to see that work in VOR. The Current
Month Operations report has also been corrected
to resolve an issue that intermittently showed
decreasing numbers of cases processed through
various cycles as the month progressed. A
revised VOR Desk Reference Guide has been
posted to the C&P Website.
http://vbaw.vba.va.gov/bl/21/Publicat/Users/doc
s/VOR.doc
Veteran Services (216)
VA Form 21-4703, Fiduciary Agreement
VA Form 21-4703, Fiduciary Agreement, has
been substantially revised. The updated form is
dated July 2009 and has just been released. The
new form requires prospective fiduciaries to
initial all applicable blocks after the Field
Examiner thoroughly explains to him or her the
responsibilities required of a fiduciary. The
updated form also requires the completion of a
Fund Usage Agreement (Page 3). The signatures
of both the Field Examiner and the prospective
fiduciary are now required.
Effective immediately, all VARO Fiduciary
Activities will use VA Form 21-4703 dated July
2009 and dispose of all previous versions of the
form. The direct link to the form is
http://vaww4.va.gov/vaforms/form_detail.asp?F
ormNo=21-4703.
VA Form 21-4718a, Certificate of Balance on
Deposit and Authority to Disclose Financial
Records
VA Form 21-4718a, Certificate of Balance on
Deposit and Authority to Disclose Financial
Records, has been revised. The updated form is
dated February 2009 and has just been released.
The verbiage in block 8 has been changed to
ensure the protection of the assets of the
incompetent Veteran or beneficiary. The direct
link to the form is
http://vaww4.va.gov/vaforms/form_detail.asp?F
ormNo=21-4718a.
Fiduciary Teleconference
As a reminder, the next national fiduciary
teleconference is scheduled for today, January
21, 2010, at 2:00 p.m. EST. The notice of this
teleconference was sent to the mailboxes of the
Directors,Veterans Service Center Managers
(VSCMs) and the Western Area Fiduciary Hub
Manager. Please ensure all fiduciary managers
participate in the call. Unfortunately, seventeen
VAROs with Fiduciary Activities failed to log
into the last call on November 18, 2009. It is
imperative that fiduciary managers are aware of
the information disseminated and discussed
during these calls.
VA Form 21-7288a, Daily Record of Veterans
Assistance Interviews
One of the most common action items cited for
Direct Services following site survey visits is
related to VA Form 21-7288a, Daily Record of
Veterans Assistance Interviews. The most
common action items cited are for improper use
of this form. Use of the incorrect version has
resulted in inaccurate timeliness reporting.
M21-1MR, Part II.1.2.b mandates that VA
Regional Offices maintain a daily record of
Veterans assistance interviews. Fast Letter 07-
17, Instructions for Electronic Version of VA
Newsletter 5
Form 21-7288a, Daily Record of Veterans
Assistance Interviews, dated July 3, 2007, directs
all VA Regional Offices to use VA Form 21-
7288a dated April 2007. An electronic version
of this form is located on the C&P Service
Intranet site, National Call Center (NCC)
Manager and Public Contact (PCT) Coaches
home page under “Personal Interview Activity”
(http://vbaw.vba.va.gov/bl/21/Direct/Coaches/pi
a.htm). The instructions for the proper
completion of this form are also found on this
site. To ensure accurate timeliness and DOOR
reporting, it is imperative that these instructions
are followed in entirety and without deviation.
Congressional Correspondence
Recent site visit survey results have revealed VA
Regional Offices are using an incorrect
processing time requirement for Congressional
correspondence (this includes letters received by
mail, facsimile requests, and electronic mail). It
is mandatory that Congressional inquiries are
acknowledged on a timely basis and the response
addresses the concerns of the constituents and
our customers. M21-1MR II.5.3.b states special
mail (which includes Congressional mail), that
cannot be fully answered within five workdays
after receipt in VA, should be acknowledged
within two workdays by sending a locally
generated letter. The interim response will
inform the inquirer that a complete reply will be
made as soon as possible. For consistency
purposes, Congressional inquiries received by
telephone must follow the requirements above.
Homeless Veterans
In an excerpt from Secretary’s Shinseki’s speech
given at the November 2009 Homeless Veteran
Summit in Washington, DC, the
Secretary stated, “Those who have served this
nation as Veterans should never find themselves
on the streets, living without care and without
hope.” There are 131,000 Veterans estimated to
be homeless on any given night. The Secretary
is committed to ending homelessness among
Veterans within the next five years. We find
ourselves with an enormous challenge, and we
must do our part to help reach that goal.

As part of our efforts to end homelessness

among Veterans within five
years, Regional Offices increased the number of
homeless Veterans claims received and
processed during the first quarter in FY 2010.
The following data shows the number of
homeless Veterans claims received and
processed in FY 2010 against FY 2009.

Homeless Veteran Claims

FY 2009 FY 2010
st
1 Quarter 1st Quarter
Received 1,281 2,187
Processed 1,292 1,756

In comparing the data from the first quarter of

FY 2010 to the first quarter of FY 2009, there
was a 70.7% increase in the number of homeless
Veterans claims received and a 26.4%
increase in the number of homeless Veterans
claims processed.

Although the above numbers show a very

positive trend, there is still a great deal of work
to be done. The goal to eliminate homelessness
among Veterans will only be accomplished
through targeted, meaningful outreach, expedited
claims processing, and a true commitment by
every VA employee.

As a reminder to the regional offices, please

ensure that all homeless Veterans claims are
marked with the “Homeless Flash” in
VETSNET.

Newsletter 6
Policy (211)
Herbicide-Related Disability Claims from
Veterans with Thailand Service
The pending court case of Haas v. Nicholson
concerns the issue of defining Vietnam service
and whether the presumption of herbicide
exposure will be extended to certain Vietnam-era
veterans who did not serve within the country of
Vietnam itself or on its inland waterways. These
veterans include those with naval service on the
offshore waters of Vietnam, often referred to as
“blue water” veterans, and those who supported
the war effort from outside Vietnam and
received a Vietnam Service Medal for their
support. Many of the veterans who received the
Vietnam Service Medal for support efforts
served in Thailand.
The Court of Appeals for Veterans Claims
granted VA a stay in the Haas case that placed a
hold on adjudicating claims that involve a
presumption of herbicide exposure from blue
water veterans and veterans with the Vietnam
Service Medal who served in Thailand. VA
Regional Office (VARO) personnel should be
aware that not all veterans who served in
Thailand received a Vietnam Service Medal and
that there is no statutory or regulatory
presumption of herbicide exposure based solely
on service in Thailand. Therefore, all claims of
herbicide exposure from veterans with Thailand
service should be considered on a direct facts
found evidentiary basis. M21-1MR, section
IV.ii.2.c.10.n, instructs VARO personnel to send
an inquiry in such claims to the C&P Service
Agent Orange Mailbox:
VAVBAWAS/CO/211/AGENTORANGE, prior
to adjudication. When no factual evidence for
exposure is available from the Agent Orange
mailbox, then a follow-up request should be sent
to the Army and Joint Services Records
Research Center (JSRRC).
Newsletter 2
When these inquiries result in sufficient direct
factual evidence of Thailand herbicide exposure,
then the exposure should be acknowledged and
the claim adjudicated. When these inquiries do
not result in sufficient evidence to confirm
exposure, then the claim can be adjudicated if
the veteran did not receive the Vietnam Service
Medal. However, when the veteran has received
the Vietnam Service Medal and the claim would
otherwise result in a denial of the benefit sought,
then the claim falls under the Haas stay. These
claims, as with other claims that fall under the
Haas stay, should not be adjudicated until a final
judicial decision and mandate has been issued in
the Haas case.
Further Definition of Vietnam “Blue Water”
Versus “Brown Water” Service for the
Purpose of Determining Agent Orange
Exposure
Some confusion has arisen among VA Regional
Office personnel regarding whether a veteran’s
service as a crewmember on a deep-water naval
vessel anchored temporarily in an open water
port along the coast of Vietnam, such as Da
Nang Harbor, is equivalent to service on the
inland waterways of Vietnam.
Please be advised that Da Nang Harbor and all
other harbors along the Vietnam coastline are
considered by C&P Service to be part of the
offshore “blue water” of Vietnam and not part of
the inland waterway system or “brown water” of
Vietnam.
To ensure fair and equitable treatment for all
veterans, VA has extended the presumption of
herbicide exposure only to those veterans who
actually served within the Republic of Vietnam,
or on its inland waterways, where herbicide use
is well documented. The United States Court of
Appeals for the Federal Circuit has upheld VA’s
determination that service in the offshore blue
water does not constitute service within the
country of Vietnam or on its inland waterways.
VA considers open deep-water coastal harbors,
such as those at Da Nang, Cam Ranh Bay, and
Vung Tau to be part of the offshore blue water of
Vietnam and not part of its inland waterway
system. Inland brown water service in Vietnam
refers to operations on rivers, estuaries, and delta
areas inside the country itself.
Therefore, under current policy and procedures,
the presence of a naval vessel in a Vietnam
coastal port, such as Da Nang Harbor, is not
sufficient to establish Agent Orange exposure
based on inland brown water service for a
veteran who served on that vessel.
For additional information on blue water versus
brown water service, see the September 2008
Addendum to the C&P Service Bulletin.
Impact of the Ellington v. Nicholson (No 04-
0403) and Ellington v. Peake (2008-7012)
decisions on inferred claims.
C&P Service has received a large number of
questions regarding the application of the
Ellington decisions on inferred claims. It must
be noted that the Ellington cases were not of
great significance to our processing of claims or
understanding of what should be considered a
claim. The Court explained that the informal
claim must be in writing, request a determination
of entitlement or evidence a belief in entitlement
to a benefit, and adequately identify the benefit
sought.
It is important to note that the Court also held the
following: “We do not hold that the submission
of a document in connection with a VA
examination could never constitute an informal
claim.” Further, the Court stated, “Indeed, a
veteran could file an informal claim by
sufficiently manifesting an intent to apply for
Newsletter 3
benefits for a particular disease or injury in a VA
form or questionnaire. However, those facts are
clearly not presented here.”
The Court and Federal Circuit have been clear in
their precedent opinions that a claim, whether
informal or formal, must be in writing. See
Brannon, MacPhee, Rodriguez, Criswell, et. al.
This requirement is also explicitly required
under 38 C.F.R. § 3.1(p).
Thus, the threshold question is, “What
constitutes in writing?” We believe that,
consistent with Ellington and related decisions,
once the, “communication or action,” is
transcribed in writing, such as via a VA Form
119 or the transcription of the VA examination
report, and the transcribed communication
requests a determination of entitlement or
evidences a belief in entitlement to a benefit, and
adequately identifies the benefit sought, an
informal claim has been raised. But it is
important to note that the communication or
action being transcribed, originates from the
veteran.
We also believe that this approach is in
accordance with our policy to sympathetically
consider all pleadings. Thus, if the veteran
makes a statement that meets the content
requirements of a claim as described above, and
the VA examiner or care provider transcribes
that statement into the record, the sympathetic
reading doctrine allows that to be considered an
informal claim.
Audiology Opinions
It has come to the attention of C&P Service that
some VA Regional Offices are asking
audiologists to provide opinions as to whether or
not hearing loss or tinnitus may be presumed
from the veteran’s Military Occupational
Specialty (MOS). Requesting an opinion about
presumption of hearing loss or tinnitus and MOS
is contrary to the findings of the Institute of
Medicine’s study, “Noise and Military Service:
Implications for Hearing Loss and Tinnitus,”
that stated that the evidence was not sufficient to
reach conclusions based on this relationship.
Please share this information with individuals
who request examinations/opinions in your
offices and ensure they know not to request this
type of opinion.
Procedures (212)
Change to VA Form 4107, Your Rights to
Appeal Our Decision.
The June 2008 version of the VA Form 4107,
Your Rights to Appeal Our Decision, contained
an error under the section, “What Is an Appeal to
the Board of Veterans’ Appeals?” The Board of
Veterans' Appeals has corrected the error in the
form’s November 2008 version. VA Regional
Offices should use the new form immediately
and not use prior versions. The revised VA
Form 4107 may be found on the One-VA Form
Website. We anticipate having the new version
of VA Form 4107 available via Jet Forms in
PCGL with the February 2009 installation.
AL Amyloidosis Future Diaries
As noted in the C&P Service Bulletins of
October and November 2008, the process of
adding Amyloid Light chain (AL) Amyloidosis
to the list of presumptive diseases under 38 CFR
3.309(e) is well underway. We have published
the proposed rule in the Federal Register (73 FR
65280) and are awaiting comments. We will
then respond to them and publish the final rule.
In the interim, VA Regional Offices that receive
claims of compensation for AL Amyloidosis
based on herbicide exposure should establish a
future end product (EP) 686 maturing on April
15, 2009. In Share, also remember to select the
Newsletter 4
“Corporate Flashes” function, and assign the
“NEHMER-AL AMYLOIDOSIS” flash.
Please contact Rhonda Ford of the Regulations
Staff if you have any questions.
Returned Cost-of-Living Adjustment (COLA)
Letters
Earlier this year, we advised VA Regional
Offices to collect all returned 2007 Cost-of-
Living Adjustment (COLA) letters. These
letters often contained only the last four digits of
the claim number for compensation and
Dependency and Indemnity Compensation (DIC)
awards still in BDN. Attempting to identify the
beneficiary with such incomplete information
would be time consuming and sometimes
virtually impossible. Therefore, station Records
Management Officers may now destroy these
2007 COLA letters in accordance with current
guidance, including Records Control Schedule
VB-1, Part I, Item number 13-052.400.
Hines will soon be releasing the 2008 COLA
letters, which will contain complete identifying
information. Follow current guidance (M21-
1MR Part III, Subpart iii, Chapter 1, Section B,
Topic 11, Block g) regarding any returned 2008
COLA letters and all other non-essential mail.
C&P Establishment of Future Control for
VR&E Motivational Outreach
C&P and VR&E Services are considering the
potential use of the End Product (EP) 810 work
item to control VR&E Motivational Outreach.
Until new procedures are finalized and
published, all VA Regional Offices should
follow the manual guidance already published.
Per M21-1 MR IX.i.1.A.6, inform veterans of
the availability and purpose of vocational
rehabilitation when:
 a rating results in an initial evaluation
 of 10 percent or greater, or increased
SC combined evaluation of 20 percent
or greater, other than a temporary
rating under paragraph 29 or 30 of the
rating schedule, or
 service connection for an additional
compensable disability, regardless of
whether there is a change in the
combined evaluation and the combined
evaluation is at least 20 percent, and a
DD Form 214, Certificate of Release
From Active Duty is received showing
the veteran has been retired from the
Armed Forces because of disability.
VR&E Service must meet with the veteran to
determine eligibility for 38 U.S.C. Chapter 31
services.
Currently, the authorizer must establish a future
date control for a 30-day period via the BDN
501 screen under EP 707, using reason code 30.
For VETSNET cases, the authorizer must use the
Share application to establish the 707 claim type,
using the reason 30 future suspense reason.
o Use a local control in those cases in
which BDN/Share control cannot be used.
o If a completed VA Form 28-1900 is
submitted prior to the control date, cancel
the control.
VR&E, on receipt of the control document,
initiates motivation activity by
 Requesting the claims folders as
necessary,
 Determining whether to visit the veteran
directly, or contact the veteran by
telephone or letter,
 Establishing an outreach record in each
case,
 Filing the original outreach record in the
Newsletter 5
claims folder, and
 Clearing the EP 707.
Data Collection for FL 08-40
Fast Letter (FL) 08-40, Combat-Related Special
Compensation (CRSC) and Concurrent
Retirement and Disability Pay (CRDP) Audit
Error Worksheet (AEW) Processing Procedures
Within the Veterans Service Network
(VETSNET), released on November 14, 2008,
described the process of submitting “Not Found”
Audit Error Worksheets (AEWs) data to the
VAVBAWAS/CO/212A mailbox.
The Process in FL 08-40:
Beginning November 21, 2008, all Area
Directors will submit an updated list of their
area’s “Not Found” AEWs to the
VBAVAWAS/CO/212A mailbox on the 3rd
Friday of each month. The Compensation
and Pension (C&P) Service will submit all
subsequent AEWs to the Area Directors’
mailboxes for dissemination to the regional
office of jurisdiction.
The New Process:
Beginning December 19, 2008, VA Regional
Offices (VAROs) must submit the updated
list of their “Not Found” AEWs to the
VBAVAWAS/CO/212A mailbox on the 3rd
Friday of each month. C&P Service will
provide subsequent AEWs to the Area
Directors’ mailboxes for dissemination to the
VARO of jurisdiction.
This change is effective immediately. Please
send any questions regarding this process to the
VAVBAWAS/CO/212A mailbox.
IVM Report Due
Last month we stated that December 26, 2008, is
the last day to submit the IRS Safeguard Activity
Report to VAVBAWAS\CO\212A. In light of
the President closing Executive Departments and
Agencies of the Federal Government on
December 26, 2008, this report is now due on
December 29, 2008. Any VA Regional Office
or Center that has or processes Income
Verification Match (IVM) files must submit the
report, described in M21-1MR, Part X, Chapter
10. If your office did not have any IVM files on
station at the end of Calendar Year (CY) 2008
and did not destroy any IVM materials during
CY 08, you may submit a negative Safeguard
Activity Report. Otherwise, if your office had
IVM files on station at the end of CY 2007 or
destroyed IVM materials during CY 2008, you
must submit the usual report.
Requesting Transfers of PLCP Claims
C&P Service has received information that
stations are requesting the claims folders of
paperless claims from the Rating Activity Sites
(RASs). Claims Assistants and Veteran Service
Representatives should not request claim folders
with the PLCP flash shown in COVERS.
Instead, they should forward the supplemental
claim to the respective RAS. Please remind
employees that once a claim has been rated in
the paperless environment, the RAS indefinitely
retains jurisdiction of the claim. The delays
caused by stations not forwarding supplemental
PLCP claims to the respective RAS are
adversely affecting development initiation time,
control time, and average days pending.
SSA Medical Records
The Social Security Administration (SSA) has
notified us of several issues regarding medical
Newsletter 6
records. Some VA Regional Offices (VAROs)
have requested that SSA cease sending medical
records via Compact Disc (CD) because of
various problems reading the CD. VARO staff
that cannot read a CD provided by SSA should
e-mail VAVBAWAS/CO/SSA. An employee
having problems with the CD player in his/her
Personal Computer (PC) should notify the
information technology staff to inspect it for
repair or replacement. Also, outbased offices
(mini-Veterans Service Centers) that request
SSA records should use the mailing address of
the VARO as the return address. VAROs are
responsible for ensuring prompt delivery of SSA
medical records to their outbased offices.
Month of Death Check for Surviving Spouse
Section 506 of Public Law 104-275 which
amended section 5310 of Title 38, United States
Code, states:
“Where a veteran receiving compensation or
pension dies after December 31, 1996, the
surviving spouse, if not entitled to death
compensation, dependency and indemnity
compensation, or death pension for the month of
death, shall be entitled to a benefit for that month
in an amount equal to the amount of
compensation or pension the veteran would have
received for that month but for his or her death.”
Many, if not all VA Regional Offices, have been
paying the month of death check to the surviving
spouse only when he or she requests it in writing
or by phone. Also, the VA Form 21-534,
Application for Dependency and Indemnity
Compensation, Death Pension and Accrued
Benefits, has been treated as a claim for the
month of death check.
Based on this practice, there is reason to believe
that many surviving spouses have not received
the month of death check for which they were
eligible. Effective immediately, any First Notice
of Death (FNOD) that is processed should be
screened in the Triage or Post-Determination
team for a potential eligible surviving spouse.
For cases in which the veteran was in receipt of
pension or compensation benefits at the 30% rate
or higher, this should be a relatively easy task as
dependency information is stored on these cases.
However, for cases in which the veteran was
receiving 20% compensation or lower, more
research may be needed.
If the Notice of Death (NOD) came in the form
of a death certificate, the existence of a surviving
spouse should be noted. Also, some VA Form
21-530s, Applications for Burial Benefits, VA
Form 21-2008s, Applications for United States
Flag for Burial Purposes, phone calls and written
notices will reveal that there is a surviving
spouse. In cases for which there is no indication
of a surviving spouse such as a death match for a
veteran receiving a 20% compensation benefit,
further development is required in the form of a
phone call or letter.
The screener should forward all cases with a
surviving spouse to the Post-Determination team
to process an award for the month of death check
using End Product (EP) 290 Payee 10.
C&P Service is working on clarification of VA’s
policy related to this statute and a means to
compensate surviving spouses who may be
unaware of their entitlement.
Training & Contract Exams (213)
Centralized Challenge Training Session
Session 2 of Centralized Challenge training will
be held January 27 – February 13, 2009, with
students traveling on January 26, 2009.
Stations that are sending students to Centralized
Challenge training should ensure those students
complete their prerequisite requirements prior to
Newsletter 7
arriving at centralized training. Prerequisite
requirements are posted to the C&P Training
Website Home Page a minimum of two weeks
prior to the start of a session.
Release of New EPSS on Due Process
A new Electronic Performance Support System
(EPSS) on Due Process was released to the field
on December 12, 2008. The new EPSS will be
located within the VSR Assistant. It includes a
step-by-step guide on working due process, both
pre-determination and post-determination on
many issues, such as incarceration, fugitive felon
and dependency. Users will be able to use flow
charts, which can be found by clicking on the,
"Resources," button on the top menu bar. When
Resources appear, open the job aid topic and
look for the flow chart. Users can print a copy of
the flow chart for a static version, or it can be
used interactively on-line, allowing the user to
quickly click through it. Under, “Resources,”
we have also included two Due Process Job
Aides, “Due Process Common Errors Job Aid”
and “VETSNET Apportionment Job Aid”. We
would like to thank our field subject matter
experts, Thomas Kenville from Cleveland and
Dottie Scanlan from Nashville for all of their
hard work. We look forward to your feedback
on the new EPSS, which may be sent to the C&P
Service Training mailbox at
VAVBAWAS/CO/C&PTraining.
Business Management (215)
COLA Adjustments
We sent a reminder on December 16, 2008, that
VETSNET COLA adjustments needed to be
complete by COB that date in order to apply to
the next benefit payment cycle. For cases not
adjusted within this timeframe, please work to
ensure that these are adjusted before January
end-of-month processing. The cutoff for BDN
cases is December 19, 2008.
850 Work Items
850 series work items were installed into
production in November. This new series of
work items represents VETSNET cases
requiring a manual COLA adjustment. We are
in the process of testing these in the VETSNET
Operations Reports (VOR) test environment and
predict they will be available shortly in VOR
production.
The 800 series desk reference guide has been
updated to reflect the 850s.
Veterans Services (216)
Status of Outreach Letters
Agent Orange
On November 4, 2008, Hines mailed
approximately 28,000 letters to “in-country”
Vietnam veterans who received treatment for
type II diabetes within the VHA health care
system, but were not currently receiving
compensation for the condition. Subsequently, a
match was conducted of those veterans who
were sent that outreach letter against C&P
records to determine how many veterans had
filed claims since the mailing. The match only
identified those veterans who had filed a claim
for an Agent Orange presumptive condition after
November 4, 2008 (date of the letter) as of
December 2, 2008:
Agent Orange claims pending – 497
Number of grants – 1
Number of denials – 0
Letters returned as undeliverable – 522
C&P Service is working with an outside vender
(Choicepoint) to obtain current addresses for a
second mailing to the 522 veterans whose letters
Newsletter 8
were returned.
Traumatic Brain Injury (TBI)
An outreach letter has been developed that
provides information on VA’s new evaluation
criteria for Traumatic Brain Injury (TBI). The
letter also provides information on how to
request a re-examination based on the new
criteria. This mailing will target all veterans
currently service-connected for diagnostic code
8045 (TBI). A data request has been submitted
to PA&I to identify those veterans. Results of
this search have not been received, but we
should have the data soon. We will advise
VAROs before a mailing occurs.
Radiation
The Defense Threat Reduction Agency (DTRA)
provided VA with a list of 2,182 veterans who
participated in US atmospheric nuclear testing
between 1945 and 1962. The list did not contain
all the information needed for this outreach
mailing. A radiation outreach letter has been
drafted and is being reviewed. The letter
provides information on the presumptive
conditions specific to radiation-exposed veterans
as well as radiogenic diseases associated with
ionizing radiation. We will advise VAROs
before a mailing occurs. Of the 2,182 records,
465 only had the first and last name and no other
identifying information. The remaining 1,717
were matched against C&P records to find living
veterans with award or pending claim
information. The match resulted in 266 veterans
who matched our search criteria and 1,451
veterans who did not match. Within the
unmatched group 708 were identified as
deceased and 743 as unknown. We are currently
working with an outside vender (Choicepoint) to
obtain current address information for the 743
veterans who are still living.
High Grade Lymphomas

• Small, non-cleaved
• Lymphoblastic
• Immunoblastic
• Burkitt’s

The information above will be added to M21-1MR shortly.

Outreach Letter on Presumptive Diseases Associated with

Herbicide Exposure is not Sufficient Evidence to Establish
Veteran’s Service in Vietnam

Compensation and Pension Service issued an outreach letter on November 4, 2008,

intended to alert Vietnam veterans to the presumptive diseases associated with herbicide
exposure and encourage filing disability claims if they develop one of the diseases. The
names of veterans who were sent the letter came from lists provided by the Department
of Defense and the Veterans Health Administration. In some cases, the lists contained
the names of veterans who received a Vietnam Service Medal or who volunteered for the
Agent Orange Registry medical examination, but who did not serve in Vietnam. The
letter explains that service in Vietnam means service in the country itself or on its inland
waterways, but it begins with the phrase, “you were stationed in the Republic of Vietnam
during your military service.”

Several VA Regional Offices (VAROs) have notified us that they received disability
claims based on herbicide exposure from veterans who presented this outreach letter as
evidence of their service in Vietnam. In these cases, there was no other evidence of
Vietnam service. Because some veterans without actual Vietnam service received this
letter, VAROs should be aware that the letter alone, without other evidence, is not
sufficient to establish service in Vietnam or a presumption of herbicide exposure.

CRSC/CRDP Refresher Training

Compensation and Pension (C&P) Service rescheduled the refresher training on Combat-
Related Special Compensation (CRSC) and Concurrent Retirement and Disability
Payment (CRDP). The training will now be conducted on May 19, 2009, rather than
April 30, 2009. On May 14, 2009, C&P Service will send the training agenda to all Area
Directors, Veterans Service Center Managers, and Subject Matter Experts (SMEs). We
will also send Live Meeting invitations to the SMEs listed under Special Military
Retirement Benefits, CRSC and CRDP Super Users Listing. Please contact Brian
Mathewuse to request any changes to this list.

Prepared by C&P Service 4/28/09 2

 Verification of Participation in “Special Operations” Incidents

The Military Records Specialist (MRS) at each VA Regional Office is authorized to

submit requests to verify a claimant’s participation in missions involving Special
Operations Forces. The MRS should provide the information in the attached Special
Operations Forces Incident as either a Word or PDF document, and then encrypt and e-
mail it to Barry Bromley.

Frequently Asked Questions (FAQs) on the Procedures for

Recouping Voluntary Separation Pay (VSP)

The April C&P Bulletin provided information on recouping Voluntary Separation Pay
(VSP) and indicated an addendum would provide additional information regarding the
reformatting of VETSNET to accommodate recoupment. Instead, C&P Service will
issue a Fast Letter to discuss using VETSNET to recoup VSP payments.

Scanning of Original Service Treatment Records (STRs)

Received After Copies of STRs Were Previously Scanned
If a Rating Activity Site (RAS) receives original Service Treatment Records (STRs) not
included in the electronic STR, a Rating Veterans Service Representative must request
that a “source comment” be added to the image repository indicating that the new
documents are originals. RAS personnel must then fax those STRs to (612) 970-5488 at
the St. Paul VA Regional Office for the staff to scan them into Virtual VA.

Prepared by C&P Service 4/28/09 3


Service Connection for Migraine
Headaches
Target Audience: Rating Veterans Service
Representatives (RVSRs)
Migraine headaches should be recognized as
an organic disease of the nervous system
and may be service-connected if manifested
to a compensable level within a year after
the date of separation from military service
under the provisions of 38 C.F.R. § 3.309(a).
The current medical community consensus
is that the migraine starts with an underlying
central nervous system disorder. When
triggered by various stimuli, this disorder
sets off a chain of neurological and
biochemical events, some of which
subsequently affect the brain's vascular
system, manifesting in a migraine episode.
Accordingly, we are rescinding the
December 4, 2000 FAQ, which instructed
that migraine headaches are not a
presumptive condition under 38 C.F.R. §
3.309(a).
Evaluation of Diplopia
Target Audience: RVSRs
Instructions for evaluating diplopia when a
Veteran also has a service-connected loss of
visual acuity and/or visual fields, are
contained in 38 C.F.R. § 4.78(b)(1). The
regulation provides a scheme for evaluating
such fact patterns, which directs that the
level of corrected visual acuity for the
poorer eye be assigned as one, two, or three
steps poorer based the severity of diplopia.
The visual acuity is elevated one step poorer
if the diplopia is 20/70 or 20/100, two steps
if 20/200 or 15/200, or three steps if 5/200.
Newsletter 2
The following example illustrates the proper
application of the regulation. The Veteran
has diplopia in the central 20 degrees, which
is equivalent to visual acuity of 5/200.
Visual acuity in both eyes is 20/50. The
20/50 is elevated three steps poorer to
20/200. A 20/200 and a 20/50 yields a 30
percent evaluation under diagnostic code
(DC) 6066.
We recognize that the 30 percent evaluation
would be the same if there was no loss of
visual acuity and if just diplopia (in central
20 degrees rated as visual acuity of 5/200)
was considered without applying the
formula under § 4.78(b)(1). However, the
regulatory authority directs that this formula
must be applied when rating diplopia if it is
also present with loss of visual acuity or
visual fields. The regulations preclude
discretion on the part of the rating specialist
in applying § 4.78(b)(1) based on the facts
of the individual case and he/she must
follow the formula under § 4.78(b)(1).
Training Letter (TL) 09-03, Application of
Revised Eye Sections of Rating Schedule,
confirms that this application is correct
when rating diplopia with loss of visual
acuity.
Separate Evaluations Under Diagnostic
Codes (DCs) 5206/5207 and 5213
Target Audience: RVSRs
Separate evaluations may be granted for loss
of pronation or supination under DC 5213
apart from any loss of elbow flexion or
extension under DC 5206/5207. The
pronation/supination excursions under DC
5213 more closely approximate motion of
the forearm, rather than the elbow motion
rated under DC 5206 or 5207. While the
humero-radial joint is involved slightly in
supination/pronation, most of the rotary
movement is between the radius and ulna at
their upper and lower ends. As the motions
under DC 5206/5207 and DC 5213 are
clinically viewed as separate and distinct,
separate evaluations for elbow
flexion/extension under DC 5206/5207 and
supination/pronation under DC 5213 may be
granted.
Also, 38 C.F.R. § 4.59 may be applied to
grant separate compensable evaluations for
painful motion for flexion/extension of the
elbow apart from painful
supination/pronation of the forearm, as it has
been determined that the motions
represented under DC 5206/5207 and DC
5213 represent different anatomical entities.
Although a forearm is not identified as a
joint under 38 C.F.R. § 4.45, the general
principle of assigning a compensable
evaluation for painful motion under § 4.59
may be applied in such a scenario to grant a
compensable evaluation for painful
supination/pronation of the forearm.
Service Connection for Plantar Fasciitis
Target Audience: RVSRs
Plantar fasciitis should be evaluated
analogous to DC 5276, as the symptoms
listed under this code most closely
approximate the disability picture typically
seen in plantar fasciitis. The most common
symptom seen with plantar fasciitis is heel
pain. 38 C.F.R. § 4.59 may not be applied
to grant a compensable evaluation for
plantar fasciitis manifested by heel pain.
This regulatory provision is not applicable
because the heel is not a joint. However,
heel pain is consistent with the criteria for a
moderate disability, “pain on manipulation
and use of the feet” under DC 5276. A
determination of a moderate disability
Newsletter 3
warrants assignment of a 10 percent
evaluation under DC 5276; thus, granting
entitlement to a compensable evaluation for
heel pain without application of § 4.59.
Color Photographs and Evaluating Scars
Target Audience: RVSRs
Note (3) under DC 7800 directs the
following: “Take into consideration
unretouched color photographs when
evaluating under these criteria.” If color
photos accompany the examination, then
rating specialists must consider this
evidence when evaluating a scar condition.
However, if color photographs are
unavailable, the scar condition should be
rated based on the findings reported by the
examiner. Please do not return the exam as
insufficient and request color photographs.
This supersedes all previous guidance
concerning color photographs for evaluating
scars.
Requirements for Aid and Attendance
(A&A)
Target Audience: RVSR
In the January 2013 Compensation Service
Bulletin, we clarified the requirements for
entitlement to special monthly compensation
(SMC) at the (l) rate based on the need for
A&A. Since neither the statute nor
regulation required a single 100 percent
evaluation for A&A entitlement, we stated
that a combined 100 percent as the result of
a single disease entity, such as Parkinson’s
disease or multiple sclerosis, would establish
a basis for A&A entitlement if warranted by
the evidence. This guidance also applies
where a combined 100 percent evaluation
results from a combination of a primary
service-connected disability and secondary
service-connected disability or disabilities.
(See 38 C.F.R. § 3.310(a), “Where service
connection is thus established for a
secondary condition, the secondary
condition shall be considered as part of the
original condition.”).
Also, if entitlement to SMC (l) due to A&A
has already been established as the result of
multiple disabilities due to single disease
entity, the subsequent grant of service
connection for loss of use (LOU) of the
upper or lower extremities would establish a
second (l) rate, which would warrant a grant
of SMC at the (o) rate on the basis of two
separate (l) entitlements, if no condition is
being considered twice. (See 38 C.F.R. §
3.350(e)(1)(ii).) Entitlement to SMC (r) rate
would also be in order on the basis of having
met the (o) rate while needing A&A. (See
38 C.F.R. § 3.350(h).)
For example, a Veteran is granted service
connection for multiple sclerosis (MS) with
bilateral visual impairment, optic neuritis
and diplopia at 80 percent; depression at 70
percent; weakness in the right upper
extremity at 40 percent; and weakness in the
left upper extremity at 30 percent. The
evidence also shows need for A&A due to
the disabilities related to multiple sclerosis.
A combined 100 percent evaluation is
granted and, consistent with the guidance
from the January 2013 Bulletin, SMC (l) is
also granted as the aforementioned
disabilities all arise from a single disease
entity and combined to 100%. Six months
later, the Veteran submits a disability benefit
questionnaire (DBQ) showing LOU of the
lower extremities due to MS. LOU of the
lower extremities warrants a separate SMC
(l) rate. The LOU of the lower extremities is
a separate and distinct disability from the
disabilities that had already been rated at
100 percent and provided a basis for SMC at
Newsletter 4
the (l) rate due to the need for A&A.
Therefore, entitlement to SMC at the (o) rate
is warranted and the evidence should also be
reviewed to determine entitlement to SMC
at an (r) rate. Although the LOU of the
lower extremities were due to the same
disease as the disabilities for which service
connection had already been established, the
disabilities are separate and distinct; thus,
not negating the basis for separate ratings
and SMC entitlements. (See 38 C.F.R. §
4.25.)
Fast Letter (FL) Rescissions and
Revisions
Target Audience: Veterans Service
Representatives (VSRs) and RVSRs
The Procedures Maintenance Staff continues
to review active FLs that it has published,
rescinding and revising them as appropriate.
The FL document will contain a watermark
of “Obsolete,” the rescission reason, and the
effective date. These documents will still be
accessible on the Compensation Service
Intranet FL site for historical purposes.
Below is a list of the FLs that we have
recently rescinded:
 FL 09-24, Expedited Claims
Adjudication (ECA) Initiative
 FL 09-46, Procedures for Destruction of
Returned Mail with No Evidentiary
Value
 FL 10-46, Processing Awards Involving
Voluntary Separation Pay
 FL 11-15, Handling Disagreements with
Final Decisions by the Board of
Veterans’ Appeals
E-mail questions to the
VAVBAWAS/CO/212A mailbox.
  the Notification Letter Text field, and
 the Notification Letter User Text field.
Manual Rewrite (MR) Changes
These fields are designed for use with
Target Audience: VSRs and RVSRs additional VBMS functionality that is set to
be deployed at a later date. Presently, any
In the past month, we have published information input into this field will not be
changes to: populated on to the rating document. Do
not use these fields.
 M21-1MR Part I, Chapters 1, 4, and 5
(M21-1MR I.1,4, and 5), which consists Submit any questions to the VBMS helpdesk
of updates to time frames for a response through your VBMS Super User.
to a Supplemental Statement of the Case
(SSOC) and requests for records from
non-Federal sources, statutory changes
allowing others to sign claims for
incompetent, underage or physically
incapacitated claimants, and new points
of contact.
 M21-1MR Part III, Subpart ii, Chapter 1,
Section C (M21-1MR III.ii.1.C), which
consists of reorganization and
consolidation of content, updates to
separation/severance pay information,
employee folders, and Defense Finance
and Accounting Service (DFAS)
requests.

Please see the Web Automated Reference

Material System (WARMS) for the most
recent MR content.

E-mail questions to the

VAVBAWAS/CO/M21MR mailbox.

New Veterans Benefits Management

System (VBMS)-Rating (VBMS-R)
Functionality

Target Audience: RVSRs

With the VBMS 5.0 release, end users will

see changes to the VBMS-R application.
Specifically the narrative page will have two
additional fields added to it:

Newsletter 5
 
E-mail questions to the
VAVBAWAS/CO/212A mailbox.
Understanding which Guidance is
Authoritative
Target Audience: VSRs, RVSRs, Decision
Review Officers (DROs), and Management
The Procedures Maintenance Staff has
received numerous inquiries regarding
which documentation to consider
authoritative if there is conflicting guidance
between the M21-1Manual Rewrite (MR)
and publications containing interim
guidance, such as FLs, TLs, Tip Sheets, and
Compensation Service Bulletin blurbs.
The Procedures Maintenance Staff reviews
all interim guidance for incorporation into
M21-1MR. If the staff deems incorporation
necessary, it updates the M21-1MR as
quickly as possible. Until incorporation is
complete, the interim guidance takes
precedence over instructions in M21-1MR.
When there is a question, compare the date
of the interim guidance to the change date of
the topic in M21-1MR. Consider as
authoritative the document bearing the most
recent date.
If you identify older interim guidance that
you believe should be in the manual but is
not, please send an e-mail to
VAVBAWAS/CO/M21MR.
Clarification of Item 7B on VA Form 21-
526EZ, Application for Disability
Compensation and Related Compensation
Benefits
 
Target Audience: Regional Offices (ROs)
and National Service Organizations (NSOs)
Newsletter 7
In January 2013, Compensation Service
revised VA Form 21-526EZ, Application for
Disability Compensation and Related
Compensation Benefits. The new form,
which combines fields from both the 21-
526EZ and VA Form 21-526c, Pre-
discharge Compensation Claim, was
designed to provide a single application for
use by both Veterans and Servicemembers.
Significant changes to the 21-526EZ
included adding a “forwarding address”
block. This block is for use by
Servicemembers when filing a pre-discharge
claim. The intent of adding the forwarding
address block was to eliminate any delays in
benefit notification after a servicemember is
discharged from military service.
Challenge Training
Target Audience: VSRs, RVSRs, and
Management
Challenge Session 2013-4 began on
Monday, June 3, 2013. Participants include
57 VSRs and 60 RVSRs from various ROs.
VSRs began the residency portion of their
training in Baltimore with two weeks of Pre
training and four weeks of Post training and
RVSRs continue with the Instructor-led
Web-based Training (IWT) as well as travel
to Baltimore for the resident/in-person
training at the Veterans Benefits Academy
in Baltimore at the end of July. This session
of Challenge will conclude for VSRs on
Thursday, August 16, 2013, with students
and instructors traveling on Friday, August
17, 2013 and for RVSRs on Thursday,
August 22, 2013, with students and
instructors traveling on Friday, August 23,
2013.
Challenge 2013-5 is scheduled to begin on
Monday, July 29, 2013. Training will
include IWT as well as a resident/in-person
training at the Veterans Benefits Academy
in Baltimore. With the new IWT format,
ROs will not conduct any prerequisite
training prior to the start of Challenge
training.
Common Findings – Suspense Dates and
Reasons
Target Audience: Claims Assistants (CAs)
VSRs , RVSRs, and Management
In June 2012, the Office of Field Operations
(OFO) provided ROs guidance regarding the
need to update MAP-D with the appropriate
suspense dates and suspense reasons.
However, during site visits we have found
rating and non-rating end products (EPs)
missing the suspense dates and reasons
which should be updated in MAP-D at the
time of claims establishment. In some
instances, up to 90 percent of certain EP
groups were missing suspense dates and
reasons. These two items serve as a
reminder, to the RO, that action must be
taken in the processing of the claim and they
are important for workload management
purposes.
Without effective management of suspense
dates and reasons, there is a risk of claims
pending longer than necessary and may
potentially lead to inaccurate benefit
payments. ROs must ensure that suspense
dates and reasons are being set when a claim
is established and being updated during the
various cycle times. Provide reminders
and/or training to CAs and other employees
who are placing EPs under control to ensure
compliance.
Newsletter 8
Commendable Item
Target Audience: VSRs , RVSRs, and
Quality Review Teams (QRTs)
In an effort to improve station quality and
transparency with both the local and national
quality review process, the Jackson RO
created a QRT SharePoint site and made it
available to all employees. The RO tracks
error trends and provides training via the
SharePoint site. The site also contains
recently released TLs, FLs, and processing
tips. Jackson’s rating accuracy at the end of
FY11 was 79.8 percent. The RO has met or
been within 10 percent of the station target
for rating accuracy each month of FY12 and
FY13.
1-Year Old Claims Pending Systematic
Technical Accuracy Review (STAR)
Review
Target Audience: CAs, VSRs, RVSRs,
QRTs, and Management
In an effort to support the 1-year old claim
initiative, the Quality Assurance (QA) office
in Nashville provides the following
guidance.
If you have files included in the 1-year old
claim initiative that have been requested by
the QA Staff, please hold the file until the
pending 1 year claim is processed. ROs
should promptly notify the QA Office which
files are delayed due to the 1 year initiative.
The RO should send the QA Office a follow
up report every month with the status of the
delayed files. As soon as the 1 year claim is
complete, the RO should immediately send
the file to the QA Office for review.

Reviews Completed by the Department of
Veterans Affairs Office of Inspector
General (VA-OIG)
Target Audience: CAs, VSRs, RVSRs,
QRT, and Management
VA-OIG audits may identify errors or
deficiencies in Regional Office adjudication
of compensation claims. In the event that
Regional Office management does not
concur with these findings, Compensation
Service may provide additional review and
clarification. Requests for such review
should be directed to the Quality Assurance
Staff, and must come from the station’s
Director.
E-mail questions to the Quality Assurance
Program Review mailbox at
VAVBAWAS/CO/214B
Compensation and Pension Record
Interchange (CAPRI) and Virtual VA
Enhancements
Target Audience: CAs, VSRs, RVSRs, and
Management
The latest release of CAPRI, designated as
version DVBA*2.7*184, was deployed to
the Veterans Health Administration (VHA)
June 26, 2013. Among other enhancements,
this release automates the transmission of
completed Compensation and Pension
(C&P) examination results to the Virtual VA
eFolder. This will effectively eliminate the
need to batch print C&P examinations, since
the eFolders will receive copies of
completed exams upon release by clinicians.
Additionally, exams will be transmitted as
they are signed and released by clinicians,
whereas the legacy batch printing process
only returned data when all the exams in a
Newsletter 9
request were released. VBMS users should
continue using current instructions for
inserting completed exams in its eFolder.
Completed exams may also be copied from
Virtual VA as well as CAPRI.
This release also integrates Virtual VA
document retrieval into the CAPRI
application. VHA clinicians will now be
able to retrieve documents from the
specified patient’s Virtual VA eFolder
within CAPRI without any additional
access. This will eliminate the need to print
Virtual VA records when sending C&P
exam requests to VHA. For procedural
guidance related to this change, please refer
to “Ordering Examinations and Medical
Opinions for Claims with Documentation
Needing Examiner Review in the eFolder”
section of the VBMS TIP sheet.
Each VA Medical Center (VAMC) has 30
days to install the update and each do so
according to local priorities. Therefore, we
expect all of VHA to have installed this new
version of CAPRI by July 26, 2013. Please
note, the VAMC must use CAPRI to sign
and release C&P exams in order for this
process to work. If the VAMC is using
another system (e.g., Automated Medical
Information Exchange (AMIE)) to sign and
release exams, the results will not be sent to
Virtual VA.
VBA’s national deployment and installation
of CAPRI was completed on July 12, 2013.
For this deployment, Region 5 Office of
Information and Technology (OI&T), at the
request of the Disability Examination
Management Office of Compensation
Service, has rebuilt the CAPRI package to
install on and run from individual
workstations. In order to ensure it is
installed properly, it is imperative that
employees launch CAPRI from Start  All
Programs  VBAPPS  CAPRIREMOTE,
instead of from any custom desktop
shortcuts. Previously, CAPRI was installed
on VARO network shares, which caused
considerable loading times over slower
network connections such as remote out-
based sites or VA RESCUE VPN users.
With this new installation, CAPRI should
launch much faster, virtually eliminating
load and initial connection times. It also
means that anyone utilizing government
furnished equipment and VA RESCUE VPN
will be able to use CAPRI from the
VBAPPS menu, instead of launching it via
the Hines CITRIX terminal server.
For more information about this CAPRI
release, please refer to the user guide and
release notes published on the VA Software
Document Library.
Jaminez Garrett and Katy McBurney of the
Business Management Lab (215C),
responsible for Virtual VA, and Michael van
Gaalen of the Disability Examination
Management Office (214D), responsible for
CAPRI, collaborated closely on these
initiatives. For questions, please e-mail
VAVBAWAS/CO/CAPRI (for CAPRI
questions) or Virtual VA Support (for
Virtual VA questions).
Consistency Study
Target Audience: RVSRs, DROs, Rating
Quality Review Specialsits (RQRSs), and
Management
A rating consistency study targeting
percentage evaluations and effective dates
affecting payment will be administered on
Tuesday, August 6, 2013.
Further information is forthcoming.
Newsletter 10
STAR Review on VBMS Cases
Target Audience: QRT Coaches, QRSs, and
Management
As discussed in the May 2013
Compensation Service Bulletin, the QA
Staff is receiving questions regarding claims
folders sent to the VBMS scanning
contractor. In light of the improved
timeliness of the scanning process, these
cases will no longer be deselected for STAR
review.
Cases reported to be in this status will be
classified as a delayed file and attached with
the station’s e-mail notification of monthly
call-up lists.
Stations should notify the QA Staff when a
case becomes available for review in
VBMS. This notification should be
submitted via the SharePoint site provided
during the training of May, 1, 2013 and
contained within the e-mail notification of
the monthly call-up lists.
E-mail questions to the
VAVBAWAS/CO/214B mailbox.
Benefit Entitlement (BE) Errors
Target Audience: RVSRs, DROs, RQRSs,
and Management
We would like to clarify the prior guidance
contained in the March 2013 Compensation
Service Bulletin regarding how the QA Staff
will cite errors and comments.
By definition, BE errors cited during quality
review by the QA Staff affect BE outcome
or involve clear violation of the Veterans’
Claims Assistance Act of 2000. Non-BE
errors may, or may not, require corrective
action. Narratives included in non-BE error
categories will clearly indicate if corrective
action is required.
We will no longer include best-practice
comments in the J1e, J2, J3, and M
categories.
Errors cited under J1e, J2, J3, and M have
been added to the Quarterly Error Report
under a new section titled “Non-Benefit
Entitlement Errors Identified Under
Comments.” ROs need to indicate the
action taken in the appropriate column
labeled “Action Taken.”
E-mail questions to the
VAVBAWAS/CO/214B mailbox.
(CRSC) records. A “dangling decision”
occurs when a user enters a decision in
VETSNET Awards, generates an award for
rate data only, and subsequently returns the
award without deleting the decisions that
were entered to obtain the rate data. If there
are dangling decisions when the monthly
Auto-CRSC Batch Job runs, the dangling
decisions on the CRSC record get associated
with the award and cause an incorrect
payment of benefits.
To prevent this from occurring in the future,
the batch job will be run once a month
before the Auto-CRSC Batch Job run in
order to purge any cancelled, cleared, or
authorized awards not tied to an award
event.

Checklists in Claims Folders Returned to

ROs

Target Audience: RVSRs, DROs, RQRSs,

and Management

Beginning July 11, 2013, the STAR

Database simultaneously generates the
Issue-Based Review Checklist with the
Rating Checklist. Both checklists are now
filed down inside claims folders when
returned to ROs.

Veterans Services Network (VETSNET)

Release 15, Supplemental 3
 
Target Audience: CAs, VSRs, RVSRs, and
 
Management,
 
The weekend of June 29-30 VETSNET
Release 15, Supplemental 3 was installed in  
Production. This release included a batch
job to purge “dangling decisions” on  
Combat Related Special Compensation

Newsletter 11
 
Updated Language for WTEMS

To support your claim for specially adapted housing (SAH) the evidence must show you are a
 Veteran entitled to compensation under 38 U.S.C. Chapter 11 for a permanent and totally
disabling qualifying condition, OR
 service member on active duty who has a permanent and totally disabling qualifying condition
incurred or aggravated in the line of duty.

To support that you have a qualifying condition for SAH the evidence must show:
 loss (amputation) or loss of use of
 both lower extremities OR
 one lower extremity and one upper extremity affecting balance or propulsion, OR
 one lower extremity plus residuals of organic disease or injury affecting balance or
propulsion
creating a need for regular, constant use of a wheelchair, braces, crutches or canes as a normal
mode of getting around (although getting around by other methods may be occasionally
possible); OR
 loss or loss or use of both upper extremities precluding use of the arms at or above the elbow;
OR
 blindness in both eyes, with light perception only and the loss or loss of use of one lower
extremity; OR
 a severe burn injury, meaning full thickness or subdermal burns that have resulted in
contractures with limitation of motion of
 two or more extremities, or
 at least one extremity and the trunk.

To support your claim for SAH the evidence may alternatively show you are a
 Veteran who served and became permanently disabled from a qualifying condition on or after
September 11, 2001 OR
 service member on active duty who was permanently disabled in the line of duty from a
qualifying condition on or after the same date.

To support that you have a qualifying condition under the alternative service criteria the evidence
must show:
 loss (amputation) or loss of use of
 one or more lower extremities, severely affecting the functions of balance or propulsion and
creating a need for regular, constant use of a wheelchair, braces, crutches or canes as a
normal mode of getting around (although getting around by other methods may be
occasionally possible).

To support your claim for a special home adaptation (SHA) grant the evidence must show you
are a
 Veteran entitled to compensation under 38 U.S.C. Chapter 11 for a qualifying condition, OR
 service member on active duty who has a qualifying condition incurred or aggravated in the
line of duty.

Newsletter 12
 
To support that you have a qualifying condition for SHA the evidence must show:
 blindness with central visual acuity of 20/200 or worse in each eye using a standard correcting
lens, OR
 blindness such that the visual field in each eye subtends and angle no greater than 20 degrees,
OR
 permanent and total disability from loss, or loss of use, of both hands, OR
 permanent and total disability from a severe burn injury meaning
 deep partial thickness burns that have resulted in contractures with limitation of motion of
two or more extremities or of at least one extremity and the trunk, OR
 full thickness or subdermal burns that have resulted in contracture(s) with limitation of
motion of one or more extremities or the trunk, OR
 residuals of inhalation injury (including, but not limited to, pulmonary fibrosis, asthma, and
chronic obstructive pulmonary disease).
 

Newsletter 13
 
DAV DISABLED AMERICAN VETERANS
807 MAINE AVENUE, S.W.  WASHINGTON,D.C. 20024-2410  PHONE (202) 554-3501  FAX (202) 554-3581

Service Bulletin
February 2009

DEPARTMENT OF VETERANS AFFAIRS (VA)

http://www.va.gov

Erik K. Shinseki Sworn In as Secretary of Veterans Affairs

Retired Army Gen. Eric K. Shinseki became the Nation’s seventh Secretary of Veterans Affairs,
assuming the leadership of the Department of Veterans Affairs following January’s confirmation
by the Senate. "The overriding challenge I am addressing from my first day in office is to make
the Department of Veterans Affairs a 21st century organization focused on the Nation's Veterans
as its clients," Shinseki said.

Shinseki plans to develop a 2010 budget within his first 90 days that realizes the vision of
President Obama to transform VA into an organization that is people-centric, results-driven and
forward-looking. Key issues on his agenda include smooth activation of an enhanced GI Bill
education benefit that eligible Veterans can begin using next fall, streamlining the disability
claims system, leveraging information technology to accelerate and modernize services, and
opening VA’s health care system to Veterans previously unable to enroll in it, while facilitating
access for returning Iraq and Afghanistan Veterans.

One Million Vets Share $320 Million in VA Insurance Dividends

One million veterans are in line to share $319.8 million in annual insurance dividends during
2009. VA operates one of the nation’s largest life insurance programs, providing more than $1
trillion in coverage to seven million service members, veterans and family members.

The dividend payments are being sent to an estimated one million holders of VA insurance
policies on the anniversary date of their policies. Sent automatically through different payment
plans, the amounts vary based on the age of the veteran, the type of insurance, and the length of
time the policy has been in force. The dividends come from the earnings of trust funds into
which veterans have paid insurance premiums over the years, and are linked to returns on
investments in U.S. government securities.

VA officials caution veterans about a long-running scam in which various groups charge fees to
“locate” veterans who are eligible for the dividends. Veterans eligible for the dividends have had
VA life insurance policies in effect since they left the military and have received annual
notifications from VA about the policies.

VA Expands Employment Opportunities for Disabled Veterans

Thirty percent of VA employees are veterans and nearly 8 percent are service-connected disabled
veterans. VA intends to increase the number of disabled veterans who obtain employment in its
workforce.

All severely injured veterans of the wars in Iraq and Afghanistan will be contacted by VA's
Veterans Employment Coordination Service to determine their interest in -- and qualifications
for – VA jobs. So far, that office has identified 2,300 severely injured veterans of those wars, of
whom 600 expressed interest in VA employment.

The coordination service was established a year ago to recruit veterans into VA, especially those
seriously injured in the current wars. It has nine regional coordinators working with local facility
human resources offices across the country not only to reach out to potential job candidates but
to ensure that local managers know about special authorities available to hire veterans. For
example, qualified disabled veterans rated by the Defense Department or VA as having a 30
percent or more service-connected disability can be hired non-competitively.

Some Veterans to See Travel Reimbursement Increase

Service-disabled and low-income veterans who are reimbursed for travel expenses while
receiving care at Department of Veterans Affairs (VA) facilities will see an increase in their
payments beginning January 9, 2009. A recently passed law allows VA to cut the amount it
must withhold from their mileage reimbursement.

The deductible amount will be $3 for each one-way trip and $6 for each round trip -- with a cap
per calendar-month of $18, or six one-way trips or three round trips, whichever comes first. The
previous deductible was $7.77 for a one-way trip, and $15.54 for a round trip, with a calendar-
month cap of $46.62.In November 2008 VA announced a second increase in the mileage
reimbursement rate during 2008, from 28.5 cents to 41.5 cents a mile.

Service-disabled and low-income veterans are eligible to be reimbursed by VA for the travel
costs of receiving health care or counseling at VA facilities. Veterans traveling for
Compensation and Pension examinations also qualify for mileage reimbursement. VA can waive
deductibles if they cause financial hardship.

Funding for Rural Veterans Healthcare Approved

VA has provided $21.7 million to its regional health care systems to improve services
specifically designed for veterans in rural areas. Within the last year, VA has launched a major
rural health initiative, creating a 13-member committee to advise the VA secretary on issues
affecting rural veterans, opening three rural health resource centers to better understand rural
health issues, providing four new mobile health clinics to serve 24 predominately rural
counties, announcing the opening of 10 new rural outreach clinics in 2009 and launched a fleet
of 50 new mobile counseling centers.

The extra funding is part of a two-year VA program to improve the access and quality of health
care for veterans in geographically isolated areas. The new funds will be used to increase the
number of mobile clinics, establish new outpatient clinics, expand fee-based care, explore
collaborations with federal and community partners, accelerate the use of telemedicine
deployment, and fund innovative pilot programs. The new funds will be distributed according
to the proportion of veterans living in rural areas within each VA regional health care system,
called VISNs, for “Veterans Integrated Service Networks.”

VISNs with less than 3 percent of their patients in rural areas will receive $250,000. Those with
a population of rural veterans between 3 percent and 6 percent will receive $1 million each, and
VISNs with more than 6 percent of their veterans population in rural areas will receive $1.5
million.

Training Letter 09-01:

Evaluating Residuals of Traumatic Brain Injury under Revised Criteria

VA Training Letter (TL) 09-01, released January 21, 2009, provides new information and
guidance about evaluating Traumatic Brain Injury (TBI), based on the regulation revising
diagnostic code 8045 in the "Neurological conditions and convulsive disorders" section of the
rating schedule (38 CFR 4.124a) that was published in the Federal Register on September 23,
2008 (73 FR 54693-54708). It also provides the common definition of TBI that was jointly
developed by VA and the Department of Defense.

TL 06-03, titled "Traumatic Brain Injury," was issued in February 2006. It provided extensive
medical information about the causes of traumatic brain injury (TBI), especially as related to
combat, the anatomy and physiology of the brain, signs and symptoms of TBI, grades of severity
of TBI, the course of recovery and consequences of TBI, and disabilities resulting from TBI. It
also provided some basic rating information about TBI.

TL 07-05, titled "Evaluating Residuals of Traumatic Brain Injury," was issued in August 2007.
It provided additional information about the specifics of rating TBI. However, that material is
now obsolete in part because of the new regulation, and parts of TL 07-05 have been superseded
by TL-09-01.

Fast Letter 09-05:

New Notice and Development Paragraphs for
Dependency and Indemnity Compensation (DIC) Claims

In Hupp v. Nicholson, 21 Vet. App. 342 (2007), the United States Court of Appeals for Veterans
Claims (the Court) held that when VA receives a detailed claim for DIC under 38 U.S.C. § 1310,
it must provide a detailed notice to the claimant.

The purpose of the Fast Letter is to provide information and guidance on the use of new “What
The Evidence Must Show” (WTEMS) notice and development paragraphs for DIC claims in
Modern Award Processing-Development (MAP-D). All regional offices and centers must use
both the new WTEMS notice and the development paragraphs for original and reopened DIC
claims.

Fast Letter 09-06:

Appeals Resource Centers

This letter provides information and procedural guidance on the brokering of certain appeals
from regional offices of jurisdiction (ROJs) to the Appeals Resource Centers (ARCs). Brokering
is scheduled to begin on or about February 2, 2009. The Veterans Benefits Administration is
establishing two ARCs: one in Seattle, Washington, and the other in Waco, Texas. The purpose
of the ARCs is to improve timeliness, consistency, and accuracy of appellate decisions while
allowing the ROJs to focus more resources on processing disability compensation claims.

The ARCs will initially work appeals from their own regional office (RO) workload, then phase
in brokered appeals from other ROs that have challenging appeals inventories. The ROJs are
responsible for informing the local Veterans Service Organizations (VSOs) of the new brokering
procedures regarding appeals. The ROJs will disseminate all courtesy copies of appellate actions
and award letters received from the ARCs to off-station VSOs or agents, including state and
local organizations.

DEPARTMENT OF DEFENSE (DOD)

Expedited Disability Evaluation System Process for Combat Wounded

http://www.defenselink.mil/

DOD, in collaboration with VA, announced in January 2009 a process designed to expedite
service members seriously injured in combat from military to veteran status, by waiving the
standard Disability Evaluation System (DES). The expedited process will result in receipt of
benefits in three to four months, compared to a recovery and standard DES process that would
normally take much longer.

The expedited process applies to service members whose conditions are designated as
“catastrophic” and whose injuries were incurred in the line of duty as a direct result of armed
conflict. A catastrophic injury or illness is a permanent, severely disabling injury, disorder, or
disease that compromises the ability to carry out the activities of daily living to such a degree
that a service member or veteran requires personal or mechanical assistance to leave home or
bed, or requires constant supervision to avoid physical harm to self or others.

Service members who participate in this optional expedited process will be rated by DOD at a
combined rating of 100 percent, and the VA will identify the full range of benefits, compensation
and specialty care offered by the VA. The policy provides special consideration and exception
for members who retire under the expedited DES process to reenter the service with a waiver,
should they subsequently request reentry to the service after recovery and rehabilitation.

The expedited policy differs from the DES pilot program, currently underway to test a new
process design eliminating the duplicative and time consuming elements of the current standard
disability processes at DOD and VA. Key features of the DES pilot include one medical
examination and a single-sourced disability rating. To date, more than 1,000 service members
have participated in the pilot during the last 14 months.

Psychological Health, Traumatic Brain Injury Outreach Center Opens

http://www.dcoe.health.mil

The Department of Defense announced in January 2009 the opening of a 24-hour outreach center
to provide information and referrals to military service members, veterans, their families and
others with questions about psychological health and traumatic brain injury.

The new center, which is operated by the Defense Centers of Excellence for Psychological
Health and Traumatic Brain Injury (DCoE), can be contacted around the clock, 365 days a year,
by phone at (866) 966-1020 and by e-mail at resources@dcoeoutreach.org .

The center can address everything from routine requests for information about psychological
health and traumatic brain injury, to questions about symptoms a caller is having, to helping
callers find appropriate health care resources. The DCoE outreach center is staffed by behavioral
health consultants and nurses, most with master’s degrees. In addition to answering questions,
staffers refer callers to contact centers in other parts of the Department of Defense, other federal
agencies, and outside organizations when appropriate. Other contact centers also refer callers to
the DCoE outreach center.

The center serves members, leaders and healthcare providers of the Army, Navy, Air Force,
Marines, Coast Guard, National Guard, Reserve and all uniformed services, along with veterans
of all the services. The families of service members and of veterans are also served by the new
center.

Military to Provide Wounded Warriors with Electronic Support System

In response to soldiers returning home with traumatic brain injuries (TBI) and other significant
injuries, the U.S. military is launching a pilot telehealth outreach program to better track their
progress. Through AllOne MobileSM, a health information management application provided by
AllOne Health and secured by Diversinet Corp., secure, two-way mobile technology will link
Wounded Warriors recuperating at home with their case managers and unit support staff.

AllOne Mobile's system will give injured service members access to case managers and other
military personnel who will monitor and stay in touch with Soldiers through personalized
encrypted messages. Data received from soldiers will help to better personalize and monitor
daily care. Initially, AllOne Mobile's platform is anticipated to support the rehabilitation needs of
up to 10,000 returning soldiers in a phased implementation over the next year.
 DEPARTMENT OF LABOR (DOL)

U.S. Labor Department’s Office of Disability Employment Policy

Releases Findings on Extensive Employer Survey
www.dol.gov/odep
www.earnworks.com/businesscase

The U.S. Department of Labor's Office of Disability Employment Policy (ODEP) has released
findings of the most extensive survey in history of employers' actions and attitudes toward
employing people with disabilities.

The survey of 3,797 companies found that a majority of large businesses are hiring people with
disabilities and discovering that costs for accommodations differ very little from those for the
general employee population. Additionally, the survey showed that once an employer hires one
person with a disability, it is much more likely that employer will hire other people with
disabilities. The survey does provide some disappointing news in that it reveals some resistance
among businesses to viewing people with disabilities as able to advance up the corporate ladder.

ODEP has articulated a "business case” or comprehensive feedback from employers on the value
of employees with disabilities, available on the agency's Employer Assistance and Recruiting
Network (EARN) Internet site. The site includes links to resources at the federal, state and local
government levels, including resources specifically for veterans.

UNITED STATES GOVERNMENT ACCOUNTABILITY OFFICE (GAO)

GAO REPORT 09-108: Traumatic Brain Injury:

Better DOD and VA Oversight Can Help Ensure More Accurate,
Consistent, and Timely Decisions for the Traumatic Injury Insurance Program
http://www.gao.gov/products/GAO-09-108

In 2005, Congress created a traumatic injury insurance benefit program, known as the
Servicemembers' Group Life Insurance Traumatic Injury Protection Program (TSGLI), to help
servicemembers with traumatic brain injury and other serious injuries with the financial burdens
that they and their families face. The Department of Veterans Affairs (VA) administers the
program, in collaboration with the Department of Defense (DOD), while the branches of service
are responsible for deciding servicemembers' claims.

Although VA data show that 63 percent of servicemembers with traumatic brain injury were
approved for TSGLI, the actual approval rate may be lower, and DOD and VA lack assurance
that claim decisions are accurate, consistent, and timely within and across the branches of
service. VA's data show that 520 of the 821 servicemembers who filed TSGLI claims for
traumatic brain injury received benefits. However, the actual approval rate may be lower because
VA does not include all denials for traumatic brain injury in its data. In addition, DOD and VA
officials confirmed there is no systematic quality assurance review process to ensure that claim
decisions are accurate and consistent within and across the services. Finally, DOD and VA lack
reliable data on how long it takes the services to make decisions on traumatic brain injury claims.
GAO Recommendation: To improve management of the TSGLI program and ensure that all
injured servicemembers receive accurate, consistent, and timely treatment, the Secretary of
Veterans Affairs should work with the Secretary of Defense and the branches of service to
implement a systematic quality assurance review process to help ensure that TSGLI benefit
decisions are accurate and consistent within and across the services.

EDWARD R. REESE, JR.

National Service Director
DAV DISABLED AMERICAN VETERANS
807 MAINE AVENUE , S.W.  WASHINGTON , D.C. 20024-2410  (202) 554-3501  FAX (202) 554-3581

Service Bulletin
October 2009

DEPARTMENT OF VETERANS AFFAIRS (VA)

http://www.va.gov

Presumption of Service Connection for Osteoporosis for Former Prisoners of War

The Department of Veterans Affairs (VA) is amending its adjudication regulations to establish a
presumption of service connection for osteoporosis for former Prisoners of War (POWs) who
were detained or interned for at least 30 days and whose osteoporosis is at least 10 percent
disabling. The amendment implements a decision by the Secretary to establish such a
presumption based on scientific studies. The effective date is September 28, 2009, and adds
osteoporosis to the list of presumptive diseases in 38 C.F.R. § 3.309(c)(2)(ii).

VA is additionally amending its adjudication regulations to establish a presumption of service

connection for osteoporosis for POWs who were detained or interned for any period of time,
have a diagnosis of posttraumatic stress disorder (PTSD), and whose osteoporosis is at least 10
percent disabling. This amendment to 38 C.F.R. § 3.309(c) (1) reflects statutory provisions of the
Veterans’ Benefits Improvement Act of 2008, and adds, “On or after October 10, 2008,
Osteoporosis, if the Secretary determines that the veteran has posttraumatic stress disorder
(PTSD).”

Amendment of 38 C.F.R. § 17.96: Medications Prescribed by Non-VA Physicians

In a document published in the Federal Register on July 25, 2003 (68 FR 43927), VA issued an
interim final rule that amended 38 C.F.R. § 17.96, allowing VA to fill certain prescriptions
ordered by non-VA physicians. When the interim final rule was published, VA was experiencing
increases in enrollment and demand for health care services. The increased demand was caused,
at least in part, by veterans enrolling in the VA health care system to obtain pharmacy benefits at
no cost or at a reasonable cost.

The interim final rule, in paragraphs (a) through (h), set forth rules that established a temporary
program to fill prescriptions ordered by non-VA physicians prior to the veteran’s initial primary
care visit. The temporary program was limited to veterans who were enrolled in the VA health
care system prior to July 25, 2003 and who requested an initial primary care appointment prior to
July 25, 2003 with the next available appointment date more than 30 days from the date of the
request. By 2004, VA had virtually eliminated the primary care wait list so there was no longer a
need for the temporary program. In addition, no veterans remain eligible for the temporary
program. The final rule published August 24, 2009 removes paragraphs (a) through (h) of the
interim final rule, thus returning the law to the state that it was in before the interim final rule
was promulgated. The continuing provisions apply to the filling of prescriptions by non-VA
physicians for veterans receiving increased pension or compensation at the housebound or aid
and attendance levels, without regard to whether the veteran has had an initial primary care visit.

VA “Innovation Competition” Program

http://www1.va.gov/opa/pressrel/pressrelease.cfm?id=1763

The Department of Veterans Affairs (VA) has launched one of the largest innovation
competitions in the agency’s history. The on-line proposal period began on Tuesday, Sept, 8,
and will conclude after Veterans Day. The competition is soliciting ideas from VA employees
and co-located Veterans Service Organizations addressing such topics as claims processing times
and better process transparency.

VA Regional Offices have been encouraged by the Secretary to submit entries via a secure
online platform. At the close of the competition, VA administrators from each regional office
will select the winning ideas, which will be reviewed by a team chaired by Patrick W. Dunne, the
VA Under Secretary for Benefits. The final selections will receive full funding for project
development and execution at the Regional Offices submitting the idea. The White House and
VA will share the winning entries with the public after selection.

1,100 Colleges and Universities Partner with VA Yellow Ribbon Program

www.gibill.va.gov/GI_Bill_Info/CH33/YRP/YRP_List.htm

Over 1,100 colleges, universities and schools across the country have entered into “Yellow
Ribbon” program agreements with the Department of Veterans Affairs (VA) to improve financial
aid for Veterans participating in the Post-9/11 GI Bill. The Yellow Ribbon program funds tuition
expenses that exceed the highest public in-state undergraduate tuition rate. Institutions can
contribute up to 50 percent of those expenses, and VA will match this additional funding for
eligible students.

The Yellow Ribbon program is reserved for veterans eligible for the Post-9/11 GI Bill at the 100
percent benefit level. This includes those who served at least 36 months on active duty or served
at least 30 continuous days and were discharged due to a service-related injury.

HUD and VA announce $75 million for HUD-VASH

Program to provide rental housing and support for homeless veterans

The United States Interagency Council on Homelessness (USICH) was formed in June 2009 to
coordinate the federal response to homelessness and to create a national partnership with every
level of government and the private sector to address homelessness in the nation.

Housing and Urban Development (HUD) Secretary Shaun Donovan and VA Secretary Erik K.
Shinseki announced the allocation of $75 million to local public housing authorities across the 50
states, the District of Columbia, Puerto Rico and Guam to provide permanent supportive housing
and dedicated VA case managers for an estimated 10,000 homeless Veterans. This joint initiative
is called the Veterans Affairs Supportive Housing Program (HUD-VASH). The funding will
provide local public housing agencies with approximately 10,000 rental assistance vouchers
specifically targeted to assist homeless veterans in their area. Public housing authorities, that
administer HUD’s Housing Choice Voucher Program, will work with VA medical centers to
manage the program. In addition to the rental assistance, VA medical centers will provide
supportive services and case management to eligible homeless veterans.

VA Launches 10-Year Health Study of 60,000 New Veterans

VA has initiated a large, long-term study to look at a broad array of health issues that may affect
Operation Enduring Freedom/Operation Iraqi Freedom (OEF/OIF) veterans and their
counterparts who served during the same time period. VA’s “National Health Study for a New
Generation of U.S. Veterans” will begin with 30,000 veterans deployed to OEF/OIF and 30,000
comparison veterans who were not deployed.

The study will include veterans who served in each branch of service, representing active duty,
Reserve, and National Guard members. Women will be over-sampled to make sure they are
represented and will comprise 20 percent of the study, or 12,000 women. A combination of mail
surveys, online surveys, telephone interviews, and in-person physical evaluations will be used to
collect data from the veterans.

The study will compare the deployed and non-deployed veterans in terms of chronic medical
conditions, traumatic brain injury (TBI), post traumatic stress disorder (PTSD) and other
psychological conditions, general health perceptions, reproductive health, pregnancy outcomes,
functional status, use of health care, behavioral risk factors (smoking, drinking, seatbelt use,
speeding, motorcycle helmet use, and sexual behavior), and VA disability compensation. VA
has contracted with an independent veteran-owned research firm, HMS Technologies Inc., to
collect the data.

VA Reopening Health Care Enrollment to Thousands of Veterans

www.va.gov/healtheligibility

VA will add nearly 266,000 more veterans into its medical centers and clinics across the country
by expanding access to health care enrollment for certain veterans who had been excluded due to
their income.

Under a new regulation effective June 15, 2009 VA will enroll veterans whose income exceeds
current means-tested thresholds by up to 10 percent. These veterans were excluded from VA
health care enrollment when income limits were imposed in 2003 on veterans with no service-
connected disabilities or other special eligibility for care. There is no income limit for veterans
with compensable service-connected disabilities or for veterans being seen for their service-
connected disabilities.

Veterans who have applied for VA health care but were rejected due to income at any point in
2009 will have their applications reconsidered under the new income threshold formula. Those
who applied before 2009, but were rejected due to income, must reapply. Information about
enrollment and an income and assets calculator are available at the web site above. The
calculator provides a format in which veterans enter their household income, number of
dependents, and zip codes to see if they may qualify for VA health care enrollment.

In addition to applying online, veterans may also contact VA’s Health Benefits Service Center at
1-877-222 VETS (1-877-222-8387). Each VA medical center across the country has an
enrollment coordinator available to provide veterans with enrollment and eligibility information.

Compensation and Pension Service Fast Letter 09-33:

Special Monthly Compensation at the Statutory Housebound Rate

38 U.S.C. § 1114(s) provides that SMC at the (s) rate will be granted if a veteran has a service-
connected disability rated as total, and (1) has additional service-connected disability or
disabilities independently ratable at 60 percent or more, or (2) is permanently housebound by
reason of a service-connected disability or disabilities. VA’s implementing regulation at 38
C.F.R. § 3.350(i) essentially mirrors the statutory language.

Prior to the CAVC’s decision in Bradley v. Peake, VA excluded a rating of total disability based
on individual unemployability (TDIU) as a basis for a grant of SMC at the (s) rate. VA relied
upon language in citing VAOPGCPREC 6-99, dated June 7, 1999, in which the General Counsel
stated that a TDIU rating takes into account all of a veteran’s service-connected disabilities and
that considering a TDIU rating and a schedular rating in determining eligibility for SMC would
conflict with the requirement for “additional” disability of 60 percent or more by counting the
same disability twice.

On November 26, 2008, the Court, in Bradley v. Peake, disagreed with VA’s interpretation and
held that the provisions of section 1114(s) do not limit a “service-connected disability rated as
total” to only a schedular 100 percent rating. The Court found the opinion too expansive because
it was possible that there would be no duplicate counting of disabilities if a veteran was awarded
TDIU based on a single disability and thereafter received disability ratings for other conditions.
The Court’s holding allows a TDIU rating to serve as the “total” service-connected disability, if
the TDIU entitlement was solely predicated upon a single disability for the purpose of
considering entitlement to SMC at the (s) rate.

The Court held that the requirement for a single “service-connected disability rated as total”
cannot be satisfied by a combination of disabilities. Multiple service-connected disabilities that
combine to 70 percent or more and establish entitlement to TDIU under 38 C.F.R. § 4.16(a)
cannot be treated as a single “service-connected disability rated as total” for purposes of
entitlement to SMC at the (s) rate.

Based on the Court’s decision in Bradley, entitlement to SMC at the (s) rate will now be granted
for TDIU recipients if the TDIU evaluation was, or can be, predicated upon a single disability
and (1) there exists additional disability or disabilities independently ratable at 60 percent or
more, or (2) the veteran is permanently housebound by reason of a service-connected disability
or disabilities.
 DEPARTMENT OF DEFENSE (DOD)
http://www.defense.gov/

DOD Transferability Options For “Post 9/11 GI Bill”

https://www.dmdc.osd.mil/TEB/

The Defense Department has implemented policy for transferring educational benefits to the
spouses and children of service members under the “Post 9/11 GI Bill,” which takes effect Aug.
1, 2009. Career service members on active duty or in the selected reserve on Aug. 1, 2009, and
who are eligible for the “Post 9/11 GI Bill,” may be entitled to transfer all or a portion of their
education entitlement to one or more family members. To be eligible, service members must
have served in the Armed Forces for at least six years, and agree to serve four additional years,
from the date of election to transfer.

Service members with at least 10 years of service, who by DOD or service policy are prevented
from committing to four additional years, may transfer their benefits provided they commit for
the maximum amount of time allowed by such policy or statute.

Additionally, to maintain proper force structure and promotion opportunities, temporary rules
have been developed for service members eligible to retire between Aug. 1, 2009 and Aug. 1,
2012. Depending on their retirement eligibility date, these service members will commit to one
to three additional years, from the date of election to transfer.

U.S. COURT OF APPEALS FOR VETERANS CLAIMS

PRECEDENT DECISIONS
http://www.vetapp.gov/

Percy V. Shinseki, 23 Vet.App. 37 (2009)

http://www.vetapp.uscourts.gov/documents/Percy-2961.pdf

In this case, VA did not act promptly to close out an appeal due to an untimely substantive
appeal. Instead, it engaged in substantive and procedural development, scheduled hearings on
the matter, and took testimony on the issue before determining that an issue existed concerning
the jurisdiction of the Board of Veterans Appeals (BVA).

The Court noted that the statute affording a claimant a period of 60 days from the date of the
mailing of the Statement of the Case to file a substantive appeal with the BVA is clear on its face
that the 60-day period is not a jurisdictional bar to the Board’s adjudication of a matter. Because
the 60-day filing period is not jurisdictional, VA may waive any issue of timeliness in the filing
of a substantive appeal, either explicitly or implicitly. By treating a disability rating matter as if
it were part of the veteran’s timely filed substantive appeal, the VA waived any objections it
might have had to the timeliness of the appeal with respect to the matter. Percy V. Shinseki, 23
Vet.App. 37 (2009). 38 USC § 7105(d)(3); 38 CFR § 20.302(b).
 U.S. COURT OF APPEALS FOR THE FEDERAL CIRCUIT
http://www.cafc.uscourts.gov/

Sharp v. U.S., No.2008-5105, slip op. (Fed. Cir. Aug. 24, 2009)

http://www.cafc.uscourts.gov/opinions/08-5105.pdf

The claimant’s are surviving spouses of deceased veterans and military retirees of the United
States Armed Forces, each of whom remarried after age 57. This case centered on statutory
interpretation and involved two benefit programs: SBP, which is administered by the Department
of Defense, and DIC, which is administered by the Department of Veterans Affairs. SBP is an
insurance-style program allowing eligible servicemembers and military retirees to elect to have
premiums deducted from their pay in order to provide their spouses with additional benefits after
their deaths. 10 U.S.C. § 1448 (2006).

As the surviving spouse of a deceased military service member who chose to participate in SBP,
the surviving spouses are the primary beneficiary of annuity payments that became effective the
first day after their spouse’s death. DIC is a separate benefit, which is automatically paid to
surviving spouses of veterans who died while on active duty or while suffering from a service-
connected disability. 38 U.S.C. § 1310(a) (2006) (“When any veteran dies . . . from a service-
connected or compensable disability, the Secretary shall pay [DIC] to such veteran’s surviving
spouse . . . .”). The widows’ spouses died while on active duty or while suffering from a service-
connected disability. Thus, each widow was eligible to receive both SBP and DIC benefits.

Prior to 2003, surviving spouses receiving DIC payments became ineligible to continue receiving
the benefit when they remarried. Congress responded by passing the Veterans Benefits Act of
2003 (“the Veterans Benefits Act”), which restored DIC benefits to surviving spouses who chose
to remarry after age 57. Id. § 103(d)(2)(B) (“The remarriage after age 57 of the surviving spouse
of a veteran shall not bar the furnishing of benefits [relating to DIC] to such person as the
surviving spouse of the veteran.”). The Veterans Benefits Act also provided that,
“notwithstanding any other provision of law,” those remarried spouses who are simultaneously
eligible for other benefits inuring to surviving spouses of veterans do not suffer a reduction in
their benefits due to the DIC payments.

The statutory provisions at issue in the Federal Circuit’s decision, 10 U.S.C. § 1450(c)(1) and 38
U.S.C. § 1311(e), were at odds: the SBP scheme calls for reducing SBP payments by the amount
the recipient receives in DIC benefits, whereas the post-2003 DIC scheme prohibits such
reductions for surviving spouses who remarry after age 57. The surviving spouses urged, and the
trial court held, that by its plain language section 1311(e) modified or partially repealed section
1450(c)(1), so that surviving spouses who received reinstated DIC by virtue of remarrying after
age 57 received their SBP payments unreduced by the amount of their DIC payments.

The Federal Circuit agreed with the surviving spouses and the appellate court. The Federal
Circuit held that Congress’ intention to supersede all other laws (except a provision not at issue
in this case), and prevent a decrease in some other benefit payment as a result of section
1311(e)’s restoration of DIC payments to surviving spouses who remarry after age 57, was plain
on the face of the statute. 38 U.S.C. § 1311(e) (“[N]otwithstanding any other provision of law
(other than section 5304(b)(3) of this title), no reduction in benefits under such other provision of
law shall be made by reason of such individual’s eligibility for benefits under this section.”). In
other words, because the “notwithstanding” clause applies to “any other provision of law,”
without relevant limitation, section 1311(e) cannot be given any effect unless its language is
construed to modify or partially repeal the earlier-promulgated section 1450(c)(1) to the extent
necessary to resolve the offset conflict. Therefore, those surviving spouses who receive
reinstated DIC by virtue of remarrying after age 57 can also receive their SBP payments
unreduced by the amount of their DIC payments.

Related information on the appellate court’s decision can be found on page 20 in the
November/December 2008 issue of the DAV magazine, which can be located at the following
link: : http://magazine.dav.org/library/pdf/magazine_200806.pdf.

U.S. SMALL BUSINESS ADMINISTRATION

www.sba.gov

SBA’s Patriot Express Loan Initiative Delivers

$315 Million to Veterans and Military Community
www.sba.gov/patriotexpress

In just two year’s time, the U.S. Small Business Administration’s Patriot Express Pilot Loan
Initiative has supported more than $315 million in loans to more than 3,750 veterans and their
spouses who are using the SBA-guaranteed funds to establish and expand their small businesses. As
a result of the American Recovery and Reinvestment Act, which raised loan guarantees to 90 percent,
and eliminated fees temporarily, the number of Patriot Express loans increased to record levels in
April and May of 2009.

Patriot Express, launched June 28, 2007, builds on the more than $1 billion in loans SBA guarantees
annually for veteran-owned businesses, and the counseling assistance and procurement support it
provides each year to more than 200,000 veterans, service-disabled veterans and Reserve members.
Patriot Express is a streamlined loan product based on the agency’s SBA Express Program, but with
an enhanced guaranty and interest rate. The Patriot Express loan is offered by SBA’s nationwide
network of participating lenders and features one of SBA’s fastest turnaround times for loan
approvals. Loans are available up to $500,000 and qualify for SBA’s maximum guaranty of up to 90
percent.

Patriot Express is available to military community members including veterans, service-disabled

veterans, active-duty service members participating in the military’s Transition Assistance Program,
Reservists and National Guard members, current spouses of any of the above, and the widowed
spouse of a service member or veteran who died during service, or of a service-connected disability.
Patriot Express loans have been approved in all 50 states, the District of Columbia, the U.S. Virgin
Islands, Puerto Rico and Guam and generally range from $5,000 to $375,000 in individual loan
amounts. The average loan amount is almost $85,000. Nearly 15 percent of those loans have gone to
military spouses. After loan applications are approved by the bank, they are submitted to SBA for
approval. Most applications are approved by SBA within 24 hours.
 SBA Launches New Online Training Course:
‘How to Win Federal Contracts’
www.sba.gov/fedcontractingtraining

The U.S. Small Business Administration has launched a new online training course to help
strengthen access to contracting opportunities for small businesses, including those owned by
veterans. The training course, “Recovery Act Opportunities: How to Win Federal Contracts,” is
part of a federal government-wide initiative being led by SBA and the Department of Commerce.

As part of the outreach to small businesses, the comprehensive online course uses both audio and
script to provide information about the federal marketplace, contract rules, how to sell to the
government, and where to find contract and Recovery Act opportunities. The course is indexed
by subject matter to allow ease of use, and includes multiple direct links to additional contracting
resources.

EDWARD R. REESE, JR.

National Service Director
 HERBICIDE EXPOSURE PRESUMPTION EXTENDED TO USS
INGERSOLL CREWMEMBERS

The USS Ingersoll (DD 652) operated as a Navy destroyer gunship providing fire support
for military ground operations along the Vietnam coast during 1965. In addition to
coastal duty, the USS Ingersoll traveled up the Saigon River on October 24th and 25th of
1965 to fire on enemy bases. C&P Service has reviewed the ship’s deck logs, located at
the National Archives and Records Administration, and confirmed this service in the
“inland waterways” of Vietnam. As a result, the presumption of herbicide exposure, as
described in 38 CFR 3.307(a)(6)(i), should be extended to any crewmember who served
aboard ship during October of 1965. This presumption is authorized by M21-1MR
section IV.ii.2.C.10.b. Regional offices should reevaluate any disability claim based on
herbicide exposure from one of these veterans that has been denied.

STRESSOR VERIFICATION
Information on verification of PTSD stressors is located in M21-1MR, Part IV, Subpart
ii, Chapter 1, Section D, Claims for Service Connection for Posttraumatic Stress
Disorder (PTSD). Refer to Section D.13 regarding PTSD development and veterans with
combat awards.

If a veteran received one of the combat decorations cited in M21-1MR, Part IV, Subpart
ii, 1.D.13.d but does not expressly state the nature of the stressor

∗ assume the stressor is combat-related

∗ order an examination, if necessary to decide the claim, and
∗ in the examination request:
o State that VA has verified the veteran's combat service, and
o Specify any details regarding the combat stressor contained in the record.

ADMIN DECISIONS ON CHARACTER OF DISCHARGE

Administrative decisions regarding character of discharge are discussed in M21-1MR,

Part III, Subpart v, Chapter 1, Section B, Statutory Bar to Benefits and Character of
Discharge. Please ensure that character of discharge determinations discuss eligibility
for health care when appropriate. For more information on eligibility for health care and
related benefits, see 38 CFR 3.360 and 38 USC Chapter 17.

2
 HERBICIDE EXPOSURE PRESUMPTION EXTENDED TO USS
INGERSOLL CREWMEMBERS

The USS Ingersoll (DD 652) operated as a Navy destroyer gunship providing fire support
for military ground operations along the Vietnam coast during 1965. In addition to
coastal duty, the USS Ingersoll traveled up the Saigon River on October 24th and 25th of
1965 to fire on enemy bases. C&P Service has reviewed the ship’s deck logs, located at
the National Archives and Records Administration, and confirmed this service in the
“inland waterways” of Vietnam. As a result, the presumption of herbicide exposure, as
described in 38 CFR 3.307(a)(6)(i), should be extended to any crewmember who served
aboard ship during October of 1965. This presumption is authorized by M21-1MR
section IV.ii.2.C.10.b. Regional offices should reevaluate any disability claim based on
herbicide exposure from one of these veterans that has been denied.

STRESSOR VERIFICATION
Information on verification of PTSD stressors is located in M21-1MR, Part IV, Subpart
ii, Chapter 1, Section D, Claims for Service Connection for Posttraumatic Stress
Disorder (PTSD). Refer to Section D.13 regarding PTSD development and veterans with
combat awards.

If a veteran received one of the combat decorations cited in M21-1MR, Part IV, Subpart
ii, 1.D.13.d but does not expressly state the nature of the stressor

∗ assume the stressor is combat-related

∗ order an examination, if necessary to decide the claim, and
∗ in the examination request:
o State that VA has verified the veteran's combat service, and
o Specify any details regarding the combat stressor contained in the record.

ADMIN DECISIONS ON CHARACTER OF DISCHARGE

Administrative decisions regarding character of discharge are discussed in M21-1MR,

Part III, Subpart v, Chapter 1, Section B, Statutory Bar to Benefits and Character of
Discharge. Please ensure that character of discharge determinations discuss eligibility
for health care when appropriate. For more information on eligibility for health care and
related benefits, see 38 CFR 3.360 and 38 USC Chapter 17.

 Compensation & Pension Service
Bulletin
INSIDE THIS ISSUE
Policy (211)
1 o Information on Vietnam Naval
Operations
Procedures (212)
2 o BDN Automated CRSC/CRDP
Payments Discontinued
o Fast Letter 10-03, Chapter 35 Benefits
for Dependents of Servicemembers
3 o Fast Letter 09-52, Verification of
Participation in “Special Operations”
Incidents
o Correcting Erroneous Diagnostic Codes
for Undiagnosed Illness
Training and Contract Exams (213)
o Skill Certification Tests
Quality Assurance (214)
4 o Rating Quality Call
o M21-4 Update
o Fiduciary STAR Reviews
Business Management Staff (215)
o VOR enhancements
Veteran Services (216)
o VA Form 21-4703, Fiduciary
Agreement
5 o VA Form 21-4718a, Certificate of
Balance on Deposit and Authority to
Disclose Financial Records
Newsletter 1
January 2010
o Fiduciary Teleconference
o VA Form 21-7288(a), Daily Record of
Veterans Assistance Interviews
o Congressional Correspondence
o Homeless Veterans
Policy (211)
Information on Vietnam Naval Operations
Compensation and Pension (C&P) Service has
initiated a program to collect data on Vietnam
naval operations for the purpose of providing
regional offices with information to assist with
development in Haas related disability claims
based on herbicide exposure from Navy
Veterans. To date, we have received verification
from various sources showing that a number of
offshore “blue water” naval vessels conducted
operations on the inland “brown water” rivers
and delta areas of Vietnam. We have also
identified certain vessel types that operated
primarily or exclusively on the inland
waterways. The ships and dates of inland
waterway service are listed below. If a
Veteran’s service aboard one of these ships can
be confirmed through military records during the
time frames specified, then exposure to herbicide
agents can be presumed without further
development.
All vessels of Inshore Fire Support [IFS]
Division 93 during their entire Vietnam tour
USS Carronade (IFS 1)
USS Clarion River (LSMR 409) [Landing Ship,
Medium, Rocket]
USS Francis River (LSMR 525)
USS White River (LSMR 536)
All vessels with the designation LST [Landing
Ship, Tank] during their entire tour
[WWII ships converted to transport supplies on
rivers and serve as barracks for brown water
Mobile Riverine Forces]
All vessels with the designation LCVP [Landing
Craft, Vehicle, Personnel] during their entire
tour
All vessels with the designation PCF [Patrol
Craft, Fast] during their entire tour
[Also called Swift Boats, operating for enemy
interdiction on close coastal waters]
All vessels with the designation PBR [Patrol
Boat, River] during their entire tour
[Also called River Patrol Boats as part of the
Mobile Riverine Forces operating on inland
waterways and featured in the Vietnam film
“Apocalypse Now”]
USS Ingersoll (DD-652) [Destroyer] [Operated
on Saigon River, October 24-25, 1965]
USS Mansfield (DD-728) [Destroyer] [Operated
on Saigon River August 8-19, 1967 and
December 21-24, 1968]
USS Richard E. Kraus (DD-849) [Destroyer]
[Operated on coastal inlet north of Da Nang,
June 2-5, 1966, protecting Marines holding a
bridge]
USS Basilone (DD-824) [Destroyer] [Operated
on Saigon River, May 24-25, 1966]
USS Hamner (DD-718) [Destroyer] [Operated
on Song Lon Tao and Long Song Tao Rivers,
August 15-September 1, 1966]
USS Conway (DD-507) [Destroyer] [Operated
on Saigon River, early August 1966]
Newsletter 2
USS Fiske (DD-842) [Destroyer] [Operated on
Mekong River, June 16-21, 1966]
USS Black (DD-666) [Destroyer] [Operated on
Saigon River, July 13-19, 1966]
USS Providence (CLG-6) [Cruiser, Light,
Guided Missile] [Operated on Saigon River 3
days during January 1964]
USS Mahan (DLG-11) [Guided Missile Frigate]
[Operated on Saigon River October 24-28, 1964]
USS Okanogan (APA-220) [Attack Transport]
[Operated on Saigon River July 22-23, 29-30,
1968 and August 5-6, 1968]
USS Niagara Falls (AFS-3) [Combat Stores
Ship] [Unloaded supplies on Saigon River and
Cam Rahn Bay, April 22-25, 1968]
Procedures (212)
BDN Automated CRSC/CRDP Payments
Discontinued
A recent review revealed that the automated
Combat-Related Special Compensation (CRSC)
and Concurrent Retirement and Disability Pay
(CRDP) payments that were still being made on
some BDN cases were resulting in
overpayments. Therefore, that process was
discontinued. Accordingly, all BDN
CRSC/CRDP payments will be made through
the Audit Error Worksheet (AEW) process. As
with all AEWs, Virtual VA (VVA) and TINQ
(Treasure Inquiry) should be checked for prior
payments before processing.
Fast Letter 10-03, Chapter 35 Benefits for
Dependents of Servicemembers
On January 7, 2010, C&P Service released Fast
Letter 10-03, Chapter 35 Benefits for
Dependents of Servicemembers. This letter
contains guidance for the development and
processing of claims for Dependents’
Educational Assistance (DEA/chapter 35
benefits) under Public Law 109-461. Section
301 of the law allows the Department of
Veterans Affairs (VA) to pay DEA benefits to
dependents of severely disabled servicemembers
who are pending discharge from the military.
Eligible dependents may now receive DEA
benefits before servicemembers are discharged.
The new category of eligible persons includes
the spouses and children of active duty
servicemembers who at the time of VA’s
decision:
 are hospitalized or receiving outpatient
medical care, services, or treatment;
 have a total disability permanent in nature,
incurred or aggravated in the line of duty in
the active military, naval, or air service; and
 are likely to be discharged or released from
service for the disability.
Fast Letter 09-52, Verification of
Participation in “Special Operations”
Incidents
On December 9, 2009 C&P Service released
Fast Letter 09-52, Verification of Participation
in “Special Operations” Incidents. This fast
letter provides instructions for verifying a
Veteran’s involvement in Special Operations
Forces classified missions or obtaining related
classified documents.
Correcting Erroneous Diagnostic Codes for
Undiagnosed Illness
Members of a Gulf War Veterans Information
Systems (GWVIS) Work Group have identified
many records, potentially involving qualifying
chronic disabilities associated with service in
Southwest Asia, with erroneous diagnostic
codes. These errors can negatively impact the
quality of the GWVIS reports which are
provided to stakeholders who monitor Gulf War
Veterans’ use of Compensation and Pension
Newsletter 3
Benefits.
The most common errors involve misplacement
of the diagnostic codes in the 8800 series and/or
misuse of the analogous codes XX99. While
RBA2000 prevents these errors from occurring
in current ratings, the errors still exist in ratings
completed prior to RBA2000. RVSRs should be
reminded that before signing a new rating
decision, they must verify the accuracy of the
entire codesheet, including previously entered
diagnostic codes (per M21-1MR III.iv.6.D.20).
RVSRs and Authorizers are asked to pay
particular attention to previous ratings involving
any Undiagnosed Illness or any medically
unexplained chronic multisymptom illness, to
ensure that all diagnostic codes have been input
correctly according to M21-1MR IV.ii.2.D.16.d-
g. When errors are identified, action must be
taken to correct the hyphenated codes.
Training & Contract Exams (213)
Skill Certification Tests
The next VSR Skills Certification test will be
given on February 10, 2010. VSRs who have
completed the VSR training curriculum, are
meeting the local trainee performance standard,
and have one year time in grade as a GS-10 are
eligible to take this test.
The next Journey-Level Rating Veteran Service
Representative (RVSR) Certification test is
scheduled for February 24, 2010. To be eligible
to take the test, RVSRs must be at the GS 12
level or above, be meeting the local performance
standard, and have been an RVSR for at least 24
months.
Further information regarding these tests will be
forthcoming from the Office of Field Operations.
Quality Assurance (214)
Rating Quality Call
The Monthly Rating Quality Call for January is
scheduled for January 28, 2010, at 2:00 PM
EST. The results from the IRR study will be
discussed. Please ensure that, at a minimum,
your training coordinators and/or quality
reviewers are on the call. The call-in
information is posted on the calendar page for
January 2010, and can be accessed through the
calendar link on the C&P Home Page.
Questions may be directed to the 214B mailbox
at VAVBAWAS/CO/214B.
M21-4 Update
Chapter 2, Paragraph 2.05 g. “COVERS” of
M21-4, Manpower Control and Utilization in
Adjudication, has been updated requiring
regional offices to do a periodic rescan of folders
in COVERS every seven days as a minimum.
The update is available on the C&P Intranet and
through WARMS. Questions should be
submitted to the 214A mailbox at
VAVBAWAS/CO/214A.
Fiduciary STAR Reviews
Effective with the call up list for January 2010
(work product codes completed in December
2009), the newly assigned Fiduciary STAR staff,
located in Nashville, TN, will start conducting
national quality reviews for Fiduciary cases.
All Principal Guardianship Folders (PGFs)
requested for national quality review should be
sent to the STAR Nashville office at the
following address:
3322 West End Avenue
Suite 730
Nashville, TN 37203
Newsletter 4
Questions can be directed to the Quality
Assurance mailbox, VAVBAWAS/CO/214B or
Christi Greenwell at 615-279-8380.
Business Management (215)
VOR Enhancements
Several enhancements were made to VOR last
week. This includes a new brokered work detail
report which allows stations receiving brokered
work to see that work in VOR. The Current
Month Operations report has also been corrected
to resolve an issue that intermittently showed
decreasing numbers of cases processed through
various cycles as the month progressed. A
revised VOR Desk Reference Guide has been
posted to the C&P Website.
http://vbaw.vba.va.gov/bl/21/Publicat/Users/doc
s/VOR.doc
Veteran Services (216)
VA Form 21-4703, Fiduciary Agreement
VA Form 21-4703, Fiduciary Agreement, has
been substantially revised. The updated form is
dated July 2009 and has just been released. The
new form requires prospective fiduciaries to
initial all applicable blocks after the Field
Examiner thoroughly explains to him or her the
responsibilities required of a fiduciary. The
updated form also requires the completion of a
Fund Usage Agreement (Page 3). The signatures
of both the Field Examiner and the prospective
fiduciary are now required.
Effective immediately, all VARO Fiduciary
Activities will use VA Form 21-4703 dated July
2009 and dispose of all previous versions of the
form. The direct link to the form is
http://vaww4.va.gov/vaforms/form_detail.asp?F
ormNo=21-4703.
VA Form 21-4718a, Certificate of Balance on
Deposit and Authority to Disclose Financial
Records
VA Form 21-4718a, Certificate of Balance on
Deposit and Authority to Disclose Financial
Records, has been revised. The updated form is
dated February 2009 and has just been released.
The verbiage in block 8 has been changed to
ensure the protection of the assets of the
incompetent Veteran or beneficiary. The direct
link to the form is
http://vaww4.va.gov/vaforms/form_detail.asp?F
ormNo=21-4718a.
Fiduciary Teleconference
As a reminder, the next national fiduciary
teleconference is scheduled for today, January
21, 2010, at 2:00 p.m. EST. The notice of this
teleconference was sent to the mailboxes of the
Directors,Veterans Service Center Managers
(VSCMs) and the Western Area Fiduciary Hub
Manager. Please ensure all fiduciary managers
participate in the call. Unfortunately, seventeen
VAROs with Fiduciary Activities failed to log
into the last call on November 18, 2009. It is
imperative that fiduciary managers are aware of
the information disseminated and discussed
during these calls.
VA Form 21-7288a, Daily Record of Veterans
Assistance Interviews
One of the most common action items cited for
Direct Services following site survey visits is
related to VA Form 21-7288a, Daily Record of
Veterans Assistance Interviews. The most
common action items cited are for improper use
of this form. Use of the incorrect version has
resulted in inaccurate timeliness reporting.
M21-1MR, Part II.1.2.b mandates that VA
Regional Offices maintain a daily record of
Veterans assistance interviews. Fast Letter 07-
17, Instructions for Electronic Version of VA
Newsletter 5
Form 21-7288a, Daily Record of Veterans
Assistance Interviews, dated July 3, 2007, directs
all VA Regional Offices to use VA Form 21-
7288a dated April 2007. An electronic version
of this form is located on the C&P Service
Intranet site, National Call Center (NCC)
Manager and Public Contact (PCT) Coaches
home page under “Personal Interview Activity”
(http://vbaw.vba.va.gov/bl/21/Direct/Coaches/pi
a.htm). The instructions for the proper
completion of this form are also found on this
site. To ensure accurate timeliness and DOOR
reporting, it is imperative that these instructions
are followed in entirety and without deviation.
Congressional Correspondence
Recent site visit survey results have revealed VA
Regional Offices are using an incorrect
processing time requirement for Congressional
correspondence (this includes letters received by
mail, facsimile requests, and electronic mail). It
is mandatory that Congressional inquiries are
acknowledged on a timely basis and the response
addresses the concerns of the constituents and
our customers. M21-1MR II.5.3.b states special
mail (which includes Congressional mail), that
cannot be fully answered within five workdays
after receipt in VA, should be acknowledged
within two workdays by sending a locally
generated letter. The interim response will
inform the inquirer that a complete reply will be
made as soon as possible. For consistency
purposes, Congressional inquiries received by
telephone must follow the requirements above.
Homeless Veterans
In an excerpt from Secretary’s Shinseki’s speech
given at the November 2009 Homeless Veteran
Summit in Washington, DC, the
Secretary stated, “Those who have served this
nation as Veterans should never find themselves
on the streets, living without care and without
hope.” There are 131,000 Veterans estimated to
be homeless on any given night. The Secretary
is committed to ending homelessness among
Veterans within the next five years. We find
ourselves with an enormous challenge, and we
must do our part to help reach that goal.

As part of our efforts to end homelessness

among Veterans within five
years, Regional Offices increased the number of
homeless Veterans claims received and
processed during the first quarter in FY 2010.
The following data shows the number of
homeless Veterans claims received and
processed in FY 2010 against FY 2009.

Homeless Veteran Claims

FY 2009 FY 2010
st
1 Quarter 1st Quarter
Received 1,281 2,187
Processed 1,292 1,756

In comparing the data from the first quarter of

FY 2010 to the first quarter of FY 2009, there
was a 70.7% increase in the number of homeless
Veterans claims received and a 26.4%
increase in the number of homeless Veterans
claims processed.

Although the above numbers show a very

positive trend, there is still a great deal of work
to be done. The goal to eliminate homelessness
among Veterans will only be accomplished
through targeted, meaningful outreach, expedited
claims processing, and a true commitment by
every VA employee.

As a reminder to the regional offices, please

ensure that all homeless Veterans claims are
marked with the “Homeless Flash” in
VETSNET.

Newsletter 6
Policy (211)
Herbicide-Related Disability Claims from
Veterans with Thailand Service
The pending court case of Haas v. Nicholson
concerns the issue of defining Vietnam service
and whether the presumption of herbicide
exposure will be extended to certain Vietnam-era
veterans who did not serve within the country of
Vietnam itself or on its inland waterways. These
veterans include those with naval service on the
offshore waters of Vietnam, often referred to as
“blue water” veterans, and those who supported
the war effort from outside Vietnam and
received a Vietnam Service Medal for their
support. Many of the veterans who received the
Vietnam Service Medal for support efforts
served in Thailand.
The Court of Appeals for Veterans Claims
granted VA a stay in the Haas case that placed a
hold on adjudicating claims that involve a
presumption of herbicide exposure from blue
water veterans and veterans with the Vietnam
Service Medal who served in Thailand. VA
Regional Office (VARO) personnel should be
aware that not all veterans who served in
Thailand received a Vietnam Service Medal and
that there is no statutory or regulatory
presumption of herbicide exposure based solely
on service in Thailand. Therefore, all claims of
herbicide exposure from veterans with Thailand
service should be considered on a direct facts
found evidentiary basis. M21-1MR, section
IV.ii.2.c.10.n, instructs VARO personnel to send
an inquiry in such claims to the C&P Service
Agent Orange Mailbox:
VAVBAWAS/CO/211/AGENTORANGE, prior
to adjudication. When no factual evidence for
exposure is available from the Agent Orange
mailbox, then a follow-up request should be sent
to the Army and Joint Services Records
Research Center (JSRRC).
Newsletter 2
When these inquiries result in sufficient direct
factual evidence of Thailand herbicide exposure,
then the exposure should be acknowledged and
the claim adjudicated. When these inquiries do
not result in sufficient evidence to confirm
exposure, then the claim can be adjudicated if
the veteran did not receive the Vietnam Service
Medal. However, when the veteran has received
the Vietnam Service Medal and the claim would
otherwise result in a denial of the benefit sought,
then the claim falls under the Haas stay. These
claims, as with other claims that fall under the
Haas stay, should not be adjudicated until a final
judicial decision and mandate has been issued in
the Haas case.
Further Definition of Vietnam “Blue Water”
Versus “Brown Water” Service for the
Purpose of Determining Agent Orange
Exposure
Some confusion has arisen among VA Regional
Office personnel regarding whether a veteran’s
service as a crewmember on a deep-water naval
vessel anchored temporarily in an open water
port along the coast of Vietnam, such as Da
Nang Harbor, is equivalent to service on the
inland waterways of Vietnam.
Please be advised that Da Nang Harbor and all
other harbors along the Vietnam coastline are
considered by C&P Service to be part of the
offshore “blue water” of Vietnam and not part of
the inland waterway system or “brown water” of
Vietnam.
To ensure fair and equitable treatment for all
veterans, VA has extended the presumption of
herbicide exposure only to those veterans who
actually served within the Republic of Vietnam,
or on its inland waterways, where herbicide use
is well documented. The United States Court of
Appeals for the Federal Circuit has upheld VA’s
determination that service in the offshore blue
water does not constitute service within the
country of Vietnam or on its inland waterways.
VA considers open deep-water coastal harbors,
such as those at Da Nang, Cam Ranh Bay, and
Vung Tau to be part of the offshore blue water of
Vietnam and not part of its inland waterway
system. Inland brown water service in Vietnam
refers to operations on rivers, estuaries, and delta
areas inside the country itself.
Therefore, under current policy and procedures,
the presence of a naval vessel in a Vietnam
coastal port, such as Da Nang Harbor, is not
sufficient to establish Agent Orange exposure
based on inland brown water service for a
veteran who served on that vessel.
For additional information on blue water versus
brown water service, see the September 2008
Addendum to the C&P Service Bulletin.
Impact of the Ellington v. Nicholson (No 04-
0403) and Ellington v. Peake (2008-7012)
decisions on inferred claims.
C&P Service has received a large number of
questions regarding the application of the
Ellington decisions on inferred claims. It must
be noted that the Ellington cases were not of
great significance to our processing of claims or
understanding of what should be considered a
claim. The Court explained that the informal
claim must be in writing, request a determination
of entitlement or evidence a belief in entitlement
to a benefit, and adequately identify the benefit
sought.
It is important to note that the Court also held the
following: “We do not hold that the submission
of a document in connection with a VA
examination could never constitute an informal
claim.” Further, the Court stated, “Indeed, a
veteran could file an informal claim by
sufficiently manifesting an intent to apply for
Newsletter 3
benefits for a particular disease or injury in a VA
form or questionnaire. However, those facts are
clearly not presented here.”
The Court and Federal Circuit have been clear in
their precedent opinions that a claim, whether
informal or formal, must be in writing. See
Brannon, MacPhee, Rodriguez, Criswell, et. al.
This requirement is also explicitly required
under 38 C.F.R. § 3.1(p).
Thus, the threshold question is, “What
constitutes in writing?” We believe that,
consistent with Ellington and related decisions,
once the, “communication or action,” is
transcribed in writing, such as via a VA Form
119 or the transcription of the VA examination
report, and the transcribed communication
requests a determination of entitlement or
evidences a belief in entitlement to a benefit, and
adequately identifies the benefit sought, an
informal claim has been raised. But it is
important to note that the communication or
action being transcribed, originates from the
veteran.
We also believe that this approach is in
accordance with our policy to sympathetically
consider all pleadings. Thus, if the veteran
makes a statement that meets the content
requirements of a claim as described above, and
the VA examiner or care provider transcribes
that statement into the record, the sympathetic
reading doctrine allows that to be considered an
informal claim.
Audiology Opinions
It has come to the attention of C&P Service that
some VA Regional Offices are asking
audiologists to provide opinions as to whether or
not hearing loss or tinnitus may be presumed
from the veteran’s Military Occupational
Specialty (MOS). Requesting an opinion about
presumption of hearing loss or tinnitus and MOS
is contrary to the findings of the Institute of
Medicine’s study, “Noise and Military Service:
Implications for Hearing Loss and Tinnitus,”
that stated that the evidence was not sufficient to
reach conclusions based on this relationship.
Please share this information with individuals
who request examinations/opinions in your
offices and ensure they know not to request this
type of opinion.
Procedures (212)
Change to VA Form 4107, Your Rights to
Appeal Our Decision.
The June 2008 version of the VA Form 4107,
Your Rights to Appeal Our Decision, contained
an error under the section, “What Is an Appeal to
the Board of Veterans’ Appeals?” The Board of
Veterans' Appeals has corrected the error in the
form’s November 2008 version. VA Regional
Offices should use the new form immediately
and not use prior versions. The revised VA
Form 4107 may be found on the One-VA Form
Website. We anticipate having the new version
of VA Form 4107 available via Jet Forms in
PCGL with the February 2009 installation.
AL Amyloidosis Future Diaries
As noted in the C&P Service Bulletins of
October and November 2008, the process of
adding Amyloid Light chain (AL) Amyloidosis
to the list of presumptive diseases under 38 CFR
3.309(e) is well underway. We have published
the proposed rule in the Federal Register (73 FR
65280) and are awaiting comments. We will
then respond to them and publish the final rule.
In the interim, VA Regional Offices that receive
claims of compensation for AL Amyloidosis
based on herbicide exposure should establish a
future end product (EP) 686 maturing on April
15, 2009. In Share, also remember to select the
Newsletter 4
“Corporate Flashes” function, and assign the
“NEHMER-AL AMYLOIDOSIS” flash.
Please contact Rhonda Ford of the Regulations
Staff if you have any questions.
Returned Cost-of-Living Adjustment (COLA)
Letters
Earlier this year, we advised VA Regional
Offices to collect all returned 2007 Cost-of-
Living Adjustment (COLA) letters. These
letters often contained only the last four digits of
the claim number for compensation and
Dependency and Indemnity Compensation (DIC)
awards still in BDN. Attempting to identify the
beneficiary with such incomplete information
would be time consuming and sometimes
virtually impossible. Therefore, station Records
Management Officers may now destroy these
2007 COLA letters in accordance with current
guidance, including Records Control Schedule
VB-1, Part I, Item number 13-052.400.
Hines will soon be releasing the 2008 COLA
letters, which will contain complete identifying
information. Follow current guidance (M21-
1MR Part III, Subpart iii, Chapter 1, Section B,
Topic 11, Block g) regarding any returned 2008
COLA letters and all other non-essential mail.
C&P Establishment of Future Control for
VR&E Motivational Outreach
C&P and VR&E Services are considering the
potential use of the End Product (EP) 810 work
item to control VR&E Motivational Outreach.
Until new procedures are finalized and
published, all VA Regional Offices should
follow the manual guidance already published.
Per M21-1 MR IX.i.1.A.6, inform veterans of
the availability and purpose of vocational
rehabilitation when:
 a rating results in an initial evaluation
 of 10 percent or greater, or increased
SC combined evaluation of 20 percent
or greater, other than a temporary
rating under paragraph 29 or 30 of the
rating schedule, or
 service connection for an additional
compensable disability, regardless of
whether there is a change in the
combined evaluation and the combined
evaluation is at least 20 percent, and a
DD Form 214, Certificate of Release
From Active Duty is received showing
the veteran has been retired from the
Armed Forces because of disability.
VR&E Service must meet with the veteran to
determine eligibility for 38 U.S.C. Chapter 31
services.
Currently, the authorizer must establish a future
date control for a 30-day period via the BDN
501 screen under EP 707, using reason code 30.
For VETSNET cases, the authorizer must use the
Share application to establish the 707 claim type,
using the reason 30 future suspense reason.
o Use a local control in those cases in
which BDN/Share control cannot be used.
o If a completed VA Form 28-1900 is
submitted prior to the control date, cancel
the control.
VR&E, on receipt of the control document,
initiates motivation activity by
 Requesting the claims folders as
necessary,
 Determining whether to visit the veteran
directly, or contact the veteran by
telephone or letter,
 Establishing an outreach record in each
case,
 Filing the original outreach record in the
Newsletter 5
claims folder, and
 Clearing the EP 707.
Data Collection for FL 08-40
Fast Letter (FL) 08-40, Combat-Related Special
Compensation (CRSC) and Concurrent
Retirement and Disability Pay (CRDP) Audit
Error Worksheet (AEW) Processing Procedures
Within the Veterans Service Network
(VETSNET), released on November 14, 2008,
described the process of submitting “Not Found”
Audit Error Worksheets (AEWs) data to the
VAVBAWAS/CO/212A mailbox.
The Process in FL 08-40:
Beginning November 21, 2008, all Area
Directors will submit an updated list of their
area’s “Not Found” AEWs to the
VBAVAWAS/CO/212A mailbox on the 3rd
Friday of each month. The Compensation
and Pension (C&P) Service will submit all
subsequent AEWs to the Area Directors’
mailboxes for dissemination to the regional
office of jurisdiction.
The New Process:
Beginning December 19, 2008, VA Regional
Offices (VAROs) must submit the updated
list of their “Not Found” AEWs to the
VBAVAWAS/CO/212A mailbox on the 3rd
Friday of each month. C&P Service will
provide subsequent AEWs to the Area
Directors’ mailboxes for dissemination to the
VARO of jurisdiction.
This change is effective immediately. Please
send any questions regarding this process to the
VAVBAWAS/CO/212A mailbox.
IVM Report Due
Last month we stated that December 26, 2008, is
the last day to submit the IRS Safeguard Activity
Report to VAVBAWAS\CO\212A. In light of
the President closing Executive Departments and
Agencies of the Federal Government on
December 26, 2008, this report is now due on
December 29, 2008. Any VA Regional Office
or Center that has or processes Income
Verification Match (IVM) files must submit the
report, described in M21-1MR, Part X, Chapter
10. If your office did not have any IVM files on
station at the end of Calendar Year (CY) 2008
and did not destroy any IVM materials during
CY 08, you may submit a negative Safeguard
Activity Report. Otherwise, if your office had
IVM files on station at the end of CY 2007 or
destroyed IVM materials during CY 2008, you
must submit the usual report.
Requesting Transfers of PLCP Claims
C&P Service has received information that
stations are requesting the claims folders of
paperless claims from the Rating Activity Sites
(RASs). Claims Assistants and Veteran Service
Representatives should not request claim folders
with the PLCP flash shown in COVERS.
Instead, they should forward the supplemental
claim to the respective RAS. Please remind
employees that once a claim has been rated in
the paperless environment, the RAS indefinitely
retains jurisdiction of the claim. The delays
caused by stations not forwarding supplemental
PLCP claims to the respective RAS are
adversely affecting development initiation time,
control time, and average days pending.
SSA Medical Records
The Social Security Administration (SSA) has
notified us of several issues regarding medical
Newsletter 6
records. Some VA Regional Offices (VAROs)
have requested that SSA cease sending medical
records via Compact Disc (CD) because of
various problems reading the CD. VARO staff
that cannot read a CD provided by SSA should
e-mail VAVBAWAS/CO/SSA. An employee
having problems with the CD player in his/her
Personal Computer (PC) should notify the
information technology staff to inspect it for
repair or replacement. Also, outbased offices
(mini-Veterans Service Centers) that request
SSA records should use the mailing address of
the VARO as the return address. VAROs are
responsible for ensuring prompt delivery of SSA
medical records to their outbased offices.
Month of Death Check for Surviving Spouse
Section 506 of Public Law 104-275 which
amended section 5310 of Title 38, United States
Code, states:
“Where a veteran receiving compensation or
pension dies after December 31, 1996, the
surviving spouse, if not entitled to death
compensation, dependency and indemnity
compensation, or death pension for the month of
death, shall be entitled to a benefit for that month
in an amount equal to the amount of
compensation or pension the veteran would have
received for that month but for his or her death.”
Many, if not all VA Regional Offices, have been
paying the month of death check to the surviving
spouse only when he or she requests it in writing
or by phone. Also, the VA Form 21-534,
Application for Dependency and Indemnity
Compensation, Death Pension and Accrued
Benefits, has been treated as a claim for the
month of death check.
Based on this practice, there is reason to believe
that many surviving spouses have not received
the month of death check for which they were
eligible. Effective immediately, any First Notice
of Death (FNOD) that is processed should be
screened in the Triage or Post-Determination
team for a potential eligible surviving spouse.
For cases in which the veteran was in receipt of
pension or compensation benefits at the 30% rate
or higher, this should be a relatively easy task as
dependency information is stored on these cases.
However, for cases in which the veteran was
receiving 20% compensation or lower, more
research may be needed.
If the Notice of Death (NOD) came in the form
of a death certificate, the existence of a surviving
spouse should be noted. Also, some VA Form
21-530s, Applications for Burial Benefits, VA
Form 21-2008s, Applications for United States
Flag for Burial Purposes, phone calls and written
notices will reveal that there is a surviving
spouse. In cases for which there is no indication
of a surviving spouse such as a death match for a
veteran receiving a 20% compensation benefit,
further development is required in the form of a
phone call or letter.
The screener should forward all cases with a
surviving spouse to the Post-Determination team
to process an award for the month of death check
using End Product (EP) 290 Payee 10.
C&P Service is working on clarification of VA’s
policy related to this statute and a means to
compensate surviving spouses who may be
unaware of their entitlement.
Training & Contract Exams (213)
Centralized Challenge Training Session
Session 2 of Centralized Challenge training will
be held January 27 – February 13, 2009, with
students traveling on January 26, 2009.
Stations that are sending students to Centralized
Challenge training should ensure those students
complete their prerequisite requirements prior to
Newsletter 7
arriving at centralized training. Prerequisite
requirements are posted to the C&P Training
Website Home Page a minimum of two weeks
prior to the start of a session.
Release of New EPSS on Due Process
A new Electronic Performance Support System
(EPSS) on Due Process was released to the field
on December 12, 2008. The new EPSS will be
located within the VSR Assistant. It includes a
step-by-step guide on working due process, both
pre-determination and post-determination on
many issues, such as incarceration, fugitive felon
and dependency. Users will be able to use flow
charts, which can be found by clicking on the,
"Resources," button on the top menu bar. When
Resources appear, open the job aid topic and
look for the flow chart. Users can print a copy of
the flow chart for a static version, or it can be
used interactively on-line, allowing the user to
quickly click through it. Under, “Resources,”
we have also included two Due Process Job
Aides, “Due Process Common Errors Job Aid”
and “VETSNET Apportionment Job Aid”. We
would like to thank our field subject matter
experts, Thomas Kenville from Cleveland and
Dottie Scanlan from Nashville for all of their
hard work. We look forward to your feedback
on the new EPSS, which may be sent to the C&P
Service Training mailbox at
VAVBAWAS/CO/C&PTraining.
Business Management (215)
COLA Adjustments
We sent a reminder on December 16, 2008, that
VETSNET COLA adjustments needed to be
complete by COB that date in order to apply to
the next benefit payment cycle. For cases not
adjusted within this timeframe, please work to
ensure that these are adjusted before January
end-of-month processing. The cutoff for BDN
cases is December 19, 2008.
850 Work Items
850 series work items were installed into
production in November. This new series of
work items represents VETSNET cases
requiring a manual COLA adjustment. We are
in the process of testing these in the VETSNET
Operations Reports (VOR) test environment and
predict they will be available shortly in VOR
production.
The 800 series desk reference guide has been
updated to reflect the 850s.
Veterans Services (216)
Status of Outreach Letters
Agent Orange
On November 4, 2008, Hines mailed
approximately 28,000 letters to “in-country”
Vietnam veterans who received treatment for
type II diabetes within the VHA health care
system, but were not currently receiving
compensation for the condition. Subsequently, a
match was conducted of those veterans who
were sent that outreach letter against C&P
records to determine how many veterans had
filed claims since the mailing. The match only
identified those veterans who had filed a claim
for an Agent Orange presumptive condition after
November 4, 2008 (date of the letter) as of
December 2, 2008:
Agent Orange claims pending – 497
Number of grants – 1
Number of denials – 0
Letters returned as undeliverable – 522
C&P Service is working with an outside vender
(Choicepoint) to obtain current addresses for a
second mailing to the 522 veterans whose letters
Newsletter 8
were returned.
Traumatic Brain Injury (TBI)
An outreach letter has been developed that
provides information on VA’s new evaluation
criteria for Traumatic Brain Injury (TBI). The
letter also provides information on how to
request a re-examination based on the new
criteria. This mailing will target all veterans
currently service-connected for diagnostic code
8045 (TBI). A data request has been submitted
to PA&I to identify those veterans. Results of
this search have not been received, but we
should have the data soon. We will advise
VAROs before a mailing occurs.
Radiation
The Defense Threat Reduction Agency (DTRA)
provided VA with a list of 2,182 veterans who
participated in US atmospheric nuclear testing
between 1945 and 1962. The list did not contain
all the information needed for this outreach
mailing. A radiation outreach letter has been
drafted and is being reviewed. The letter
provides information on the presumptive
conditions specific to radiation-exposed veterans
as well as radiogenic diseases associated with
ionizing radiation. We will advise VAROs
before a mailing occurs. Of the 2,182 records,
465 only had the first and last name and no other
identifying information. The remaining 1,717
were matched against C&P records to find living
veterans with award or pending claim
information. The match resulted in 266 veterans
who matched our search criteria and 1,451
veterans who did not match. Within the
unmatched group 708 were identified as
deceased and 743 as unknown. We are currently
working with an outside vender (Choicepoint) to
obtain current address information for the 743
veterans who are still living.

VHA Disability Examination
Management Office (DEMO)
o New VBA Wide Disability Benefits
Questionnaire (DBQ) Point of Contact
(POC) Communications Call
5 o Guidance on Requesting Medical
Opinions
o Guidance on Use of Disability Benefits
Questionnaire (DBQ)
Business Management Staff (215)
o Timely Forwarding of Burial Flag
Applications (VA Form 21-2008 ) to
the National Cemetery Administration
(NCA)
Policy (211)
Presumption of Agent Orange Exposure for
Korean Service Veterans
VA published a final rule in the Federal Register
on January 25, 2011, that amended 38 CFR §
3.307 by adding a new section (a)(6)(iv). The
new section establishes presumptive herbicide
exposure for certain Veterans who served in, or
near, the Korean demilitarized zone (DMZ)
between April 1, 1968 and August 31, 1971. The
Department of Defense (DoD) provided VA with
the identity of certain military units operating
along the DMZ during that time frame. A listing
of those units can be found in M21-1MR Part IV,
Supbart ii, Chapter 2, Section C, Topic 10, Block
p (M21-1MR IV.ii.2.C.10.p). A Veteran with
confirmed service in one of these units during the
designated time frame qualifies for the
presumption of herbicide exposure. This
regulation is a change from previous VA policy,
which acknowledged herbicide exposure on a
facts-found basis for Veterans of designated units
who served from April 1968 to July 1969. The
manual will be updated to reflect this change.
Newsletter 2
Because the new regulation represents a
liberalization, the provisions of 38 CFR § 3.114
regarding effective dates of service connection
apply. Veterans who were denied service
connection based on the previous policy may now
receive a grant, with an effective date “no earlier”
than January 25, 2011.
New Personnel Information Exchange System
(PIES) O39 Request for Claims Involving
temporary duty (TDY) to Vietnam
The Compensation Service Bulletin dated July
2011 provided evidence development procedures
for Agent Orange exposure related claims when
the Veteran alleges temporary duty (TDY) to
Vietnam during the early war years. In such
cases, when an initial O34 PIES request does not
provide the required evidence of TDY, our duty to
assist obligation requires we obtain the Veteran’s
complete military personnel file with an O18
PIES request. This often results in a lengthy
review of military documents in an attempt to find
specific evidence of TDY.
To streamline the process, Compensation Service
has created a new PIES O39 request code. When
this code is received by the Records Management
Center (RMC) at the National Personnel Records
Center (NPRC), they will copy all TDY orders,
performance evaluations, and other documents
indicating TDY from a Veteran’s personnel file
and send them to the requesting regional office
(RO). This will save the expense of copying and
shipping the entire personnel file and will
significantly reduce review time for RO
personnel.
Regardless of whether the PIES O39 request
produces any evidence of TDY, assume that the
entire file was reviewed and VA’s duty to assist
has been fulfilled. Although this new PIES code
is a response to issues involving Vietnam service
and the presumption of Agent Orange exposure, it
has application to any claim where TDY is an
issue related to service connection.
Procedures (212)
Reminder: Veterans Service Officer (VSO)
Review of Rating Decisions
This is a reminder that per M21-1MR I. 3.B.12.b
ROs must “provide [Veterans Service Officers]
VSOs a minimum of two business days to review
a rating decision before promulgation. The two
business days will begin on the date the claims
folder is placed on the VSO review table.”
This time period provides VSOs an opportunity to
review the rating decision and discuss it with VA
personnel prior to promulgation. VSOs may
request clarification of a rating decision, but
should pursue disagreements with a decision
through the appellate process after promulgation.
Any cases not reviewed after two business days
are released for promulgation. Note that local RO
policy determines whether deferred ratings and
examination requests are available for VSO
review and whether VSOs may negotiate a longer
time period for pre-promulgation review. The
same requirement applies to pre-discharge claims,
as stated in Fast Letter (FL) 08-21 and FL 09-31,
the manual will be updated to reflect the FL.
Fast Letter 11-21, Revised Travel Board Letters
On August 4, 2011, Compensation Service
released FL 11-21, Revised Travel Board Letters.
This FL:

clarifies that hearings associated with
pending appeals are optional,

provides new notice language, and

encourages appellant use of
videoconference hearings rather than
awaiting in-person hearings.
In support of this FL, Central Office (CO)
obtained a list of all BVA appellants currently
awaiting travel board hearings. On August 26,
2011 (projected), Hines ITC will release
Enclosure 1 of the FL, RO Letter Acknowledging
Appellants Election of Travel Board Hearing, to
those appellants. The return address on the letters
Newsletter 3
will be the office of jurisdiction over the pending
appeal.
BVA Announces Increased Video Hearing
Dates
BVA recently announced changes to next year’s
video hearing dates. Beginning in October 2011,
BVA is increasing its video hearing capacity by
25%. ROs on the east coast will increase capacity
from seven to nine hearings per docket (day).
ROs on the west coast will increase capacity from
five to seven hearings per docket. ROs will start
this scheduling beginning October 2011.
All stations not identified on this list are
considered east coast for BVA hearing purposes.
The following are the west coast offices:
339 - Denver 349 - Waco
340 - Albuquerque 354 - Reno
341 - Salt Lake City 358 - Manila
343 - Oakland 362 - Houston
344 - Los Angeles 363 - Anchorage
345 - Phoenix 377 - San Diego
346 - Seattle 436 - Ft. Harrison
347 - Boise 442 - Cheyenne
348 - Portland 459 - Honolulu
Quality Assurance (214)
Fiscal Year (FY) 2012 Site Visit Schedule
The Fiscal Year (FY) 2012 Site Visit Schedule
has been added to Compensation Service's
Intranet Home Page under Quality Assurance, Site
Visits. Please direct any questions to the Program
Operations Staff at VAVBAWAS/CO/214A.
Site Visit Rotation Schedule
Compensation Service has amended the site visit
rotation schedule to allow the flexibility to visit
stations based on performance, either prior to the
established three-year site visit cycle, or on a
four-year rotation schedule. The current rotation
schedule has been added to Compensation
Service's Intranet Home Page under Quality
Assurance, Site Visits. The rotation schedule will
be reassessed each year based on station
performance trends. Any questions should be
directed to the Program Operations staff at
VAVBAWAS/CO/214A.
Site Visit Support
The Quality Assurance Staff extends appreciation
for continued support in providing RO
management staff to attend site visits. As we
prepare to start a new round of site visits in FY
2012, we request that you remind your Assistant
Veterans Service Center Managers (AVSCMs) or
experienced coaches of their opportunity to
participate in site visits, since the Program
Operations Staff may request their attendance
next fiscal year. We understand it's difficult to
schedule time away from the office; however,
participation is a valuable developmental
opportunity. Again, thank you for your support.
Local Quality Review Team Training
In conjunction with the creation of dedicated
Quality Review Teams at each RO to assist in the
effort to reach the strategic goal of 98 percent
rating quality by 2015, the Nashville STAR
Office will host Local Quality Review Team
Training from Tuesday, August 23, 2011 through
Thursday, August 25, 2011.
Thirty-six newly-promoted Quality Review
Specialists (QRS) from across the nation will
participate in the three-day training session, which
will provide guidance through hands-on learning
activities, interactive discussions, and
presentation to illuminate VA regulations and
technical and philosophical ideas affecting
program accuracy in authorization and rating
claims processing.
Rating Quality Call
The Monthly Rating Quality Call for August is
scheduled for Thursday, August 25, 2011, at 2:00
Newsletter 4
PM EDT and will be moderated by our Quality
Assurance Officer, Kathy Strickland.
Compensation Service will post the call-in
information on the Calendar Page for August
2011, which can be accessed through
Compensation Service’s Home Page Calendar.
Questions may be directed to the Quality
Assurance mailbox at VAVBAWAS/CO/214B.
Inter-Rater Reliability (IRR) Study
An Inter-Rater Reliability (IRR) study will be
conducted on Tuesday, August 23, 2011 with a
sample size of approximately 246 Journey-Level
Rating Veterans Service Representatives
(RVSRs) and Decision Review Officers (DROs)
from all ROs. Questions may be directed to the
IRRS mailbox at VAVBAWAS/CO/IRRS.
Cases Worked at Challenge Sites
Compensation Service is using live cases for this
month's Challenge training. Claim numbers for
these completed EPs will likely appear on the
STAR Rating Call-Up Lists over the next several
months. Please do not send these files to STAR
for review. Instead, simply annotate the Monthly
Status Report with the reason the case was not
submitted to STAR for review, i.e., "Challenge
Case," and e-mail it to VAVBAWAS/CO/214B
no later than the due date for receipt of the
requested folders. Based on the annotated case
listing, a substitute case will be generated by
STAR for review the following month.
Procedures for Folder Transfers to the STAR
Staff
Pursuant to M21-4 3.06 (b), ROs are reminded
that they must refer randomly-sampled claims
folders to Nashville's STAR Office for quality
review unless the claims folder is unavailable due
to one of four reasons:
1) The case is pending appellate review
2) The file has been officially declared lost
 3) The claim was brokered, or
4) The claims folder has been permanently
transferred to another station.
In these instances, the station should explain the
reason the file will not be referred for review by
annotating the Monthly Status Report and e-
mailing it to VAVBAWAS/CO/214B no later
than the due date for receipt of the requested
folders. Based on the annotated case listing, a
substitute case will be generated by STAR for
review the following month.
Disability Examination Management
Office (DEMO)
New VBA Wide Disability Benefits
Questionnaire (DBQ) Point of Contact (POC)
Communications Call
To facilitate the continued roll-out of the 81
planned Disability Benefits Questionnaires
(DBQs), Compensation Service, in conjunction
with the Office of Field Operations (OFO) and
Office of Strategic Planning (OSP) will begin a
weekly DBQ Communications call on Tuesday,
August 16, 2011, at 12:00 PM EDT.
Each RO has been asked by OFO to name a DBQ
point of contact (POC) and submit his or her
name to OFO. The purpose of these calls is to
provide up-to-date information on the DBQ roll-
out process and to answer questions regarding
implementation and use of DBQs. All DBQ
POCs are expected to attend these calls. We will
send an e-mail to the Compensation Exam
Coordinators with the agenda and additional
information.
Guidance on Requesting Medical Opinions
Because of unforeseen system limitations, we
have received significant feedback and questions
regarding the use of the Medical Opinion DBQ.
Until programming changes can be made to this
DBQ, Compensation Service has developed
interim procedures to improve the process of
Newsletter 5
requesting medical opinions. The complete
instructions for requesting a Medical Opinion
DBQ or multiple medical opinions are attached to
this bulletin.
Guidance on use of Disability Benefits
Questionnaire (DBQ)
As previously announced, use of many DBQs has
become mandatory, both by VBA personnel
requesting Compensation and Pension (C&P)
Examinations via CAPRI, as well as by Veterans
Health Administration (VHA) C&P examiners.
Instructions published by the VHA Office of
Disability and Medical Assessment (DMA)
require C&P examiners to conduct and record
examinations on the new DBQs once they are
available for use in CAPRI, even if the
examination request was submitted prior to the
“Go-Live Date” for a particular DBQ and
requested the traditional exam worksheet.
We have received reports from VHA that RO
personnel are going into CAPRI and changing
examination requests from the selected worksheet
to the new DBQs. Because DBQ use by
examiners is required, if available, changing
examination requests in CAPRI is unnecessary
and creates a management and tracking burden for
the C&P Clinic administrative staff.
Therefore, if an examination request was
submitted in CAPRI indicating a traditional
worksheet, and the associated DBQ becomes
available and mandatory for use after the request
was submitted, there is no need to change the
request to the new DBQ.
Business Management (215)
Timely Forwarding of Burial Flag Applications
(VA Form 21-2008 ) to the National Cemetery
Administration (NCA)
FL 09-23, Transfer of Burial Flag Application
Processing to the National Cemetery
Administration (NCA), directed that burial flag
 Medical Opinion Request Instructions

The Medical Opinion DBQ is available for internal VA use only in CAPRI. Instructions are attached to this email
regarding how to request a Medical Opinion DBQ. Until further notice, please make sure that VSRs/RVSRs/DROs do
the following:

1) If 1 (one) Medical Opinion needs to be requested, then select DBQ MEDICAL OPINION in the 2507 CAPRI request
& copy/paste, as per instructions below.

2) For Multiple Medical Opinions, temporarily continue to use the current procedure that your staff is used to, by
selecting the DBQ that pertains to the contention (e.g. DBQ Ankle Conditions) and copy/pasting the medical opinion
requests in the remarks section in CAPRI (2507). Please make sure that the new copy/paste instructions included in
the attachment are used. Note: Due to systematic challenges pertaining to multiple medical opinions, ROs are to
temporarily accept multiple medical opinions on the old legacy medical opinion template instead of the medical opinion
DBQ response from the C&P clinic.

All other DBQs will continue to be used, when available in CAPRI.

AMC's, as well as Appeals Team personnel, will continue to request Medical Opinions either by using the copy/paste
options provided in the attached Medical Opinion DBQ instructions or by copy/pasting the exact instructions as
requested by BVA.

These instructions are designed to guide the RVSR/VSR in developing the medical opinion request notes in CAPRI
(2507). The RVSR/VSR will first indicate that they are requesting a Medical Opinion and then the type of opinion
being requested. Following the instructions included with each option, the RVSR/VSR will direct the examiner to the
appropriate section of the Medical Opinion DBQ. Furthermore, the RVSR/VSR will complete the appropriate template
sentences or sections based on the Veteran’s claim. The RVSR/VSR will then copy the completed template
sentences or sections verbatim into the request for the Medical Opinion DBQ or appropriate examination type, when
multiple opinions are being requested. The RVSR/VSR must also include directions as to the hierarchy of requests.

To reduce the chance that a medical opinion request is missed by an examiner, always paste the opinion request(s)
as the first entry in the remarks section of the appropriate examination type and always use ALL CAPS for the words
“MEDICAL OPINION” as the first line.

Example of a Medical Opinion DBQ request for direct service connection copy/pasted into CAPRI (2507) remarks
section:

MEDICAL OPINION

Type of medical opinion requested: Direct service connection

Contention: left knee sprain

The Veteran is claiming that “his/her” left knee sprain was incurred in or caused by “his/her” fall from a humvee that
occurred while in Iraq on July 1, 2006.

Opinion Requested:
Is the veteran’s left knee sprain at least as likely as not (50 percent or greater probability) incurred in or caused by his
fall from a humvee that occurred while in Iraq on July 1, 2006. Rationale must be provided in the appropriate section
below. Your review is not limited to the evidence identified on this request form, or tabbed in the claims folder. If an
examination or additional testing is required, obtain them prior to rendering your opinion.

Potentially Relevant Evidence:

Tab A: Sick Call notes dated July 1, 2006
Tab B: Chronological Records of Medical Care dated July 3, 2006
Tab C: Chronological Records of Medical Care dated July 10, 2006
Tab D: Medical Evaluation Board dated August 5, 2008

Newsletter 6
Note: Additional instructions can be added, when deemed necessary by the rater, as well as an opinion regarding
conflicting evidence (item #4).

Below are all of the options that you have to copy/paste and fill in the blanks when requesting a Medical Opinion DBQ:
1. Type of medical opinion(s) requested
Direct service connection
Secondary service connection
Aggravation of preexisting condition
Aggravation of nonservice-connected disability
Reconciliation of conflicting medical evidence
2. Contention
Claimed Condition: _____________________________

Direct service connection

The Veteran is claiming that his/her (insert “claimed condition”) was incurred in or caused by (insert “claimed in-service
injury, event, or illness”) that occurred (insert “estimated date or time frame”).

Secondary service connection

The Veteran is claiming that his/her (insert “claimed condition”) was proximately due to or the result of his or her (insert
“service connected condition”).

Aggravation of a pre-existing disability

The Veteran is claiming that his/her (insert “claimed condition”) existed prior to service and was aggravated beyond its
natural progression by (insert “claimed in-service injury, event, or illness”).

Aggravation of a nonservice connected disability by a service connected disability

The Veteran contends that his/her (insert “claimed condition”) was aggravated beyond natural progression by his or
her (insert “service connected condition”).

3. Opinion request

Direct service connection

Is the Veteran’s (insert “claimed condition”) at least as likely as not (50 percent or greater probability) incurred in or
caused by (insert “claimed in-service injury, event, or illness”) that occurred (insert “estimated date or time frame”).
Rationale must be provided in the appropriate section below. Your review is not limited to the evidence identified on
this request form, or tabbed in the claims folder. If an examination or additional testing is required, obtain them prior to
rendering your opinion.

Secondary service connection

Is the Veteran’s (insert “claimed condition”) at least as likely as not (50 percent or greater probability) proximately due
to or the result of (insert “service connected condition”). Rationale must be provided in the appropriate section below.
Your review is not limited to the evidence identified on this request form, or tabbed in the claims folder. If an
examination or additional testing is required, obtain them prior to rendering your opinion.

Aggravation of a pre-service disability

Was the Veteran’s (insert “claimed condition”), which clearly and unmistakably existed prior to service, aggravated
beyond its natural progression by (insert “claimed in-service injury, event, or illness”) during service? Rationale must
be provided in the appropriate section below. Your review is not limited to the evidence identified on this request form,
or tabbed in the claims folder. If an examination or additional testing is required, obtain them prior to rendering your
opinion.

Aggravation of a nonservice connected disability by a service connected disability

Was the Veteran’s (insert “claimed condition”) at least as likely as not aggravated beyond its natural progression by
(insert “service connected condition”)? Rationale must be provided in the appropriate section below. Your review is
not limited to the evidence identified on this request form, or tabbed in the claims folder. If an examination or
additional testing is required, obtain them prior to rendering your opinion.

Newsletter 7
4. Opinion regarding conflicting medical evidence
There is conflicting medical evidence. We are asking that you review this medical evidence and provide an opinion.
The following is a summary of the conflicting medical evidence as it relates to the Veteran’s claim:
______________________________________________________

Rationale must be provided in the appropriate section below. Your review is not limited to the evidence identified on
this request form, or tabbed in the claims folder. If an examination or additional testing is required, obtain them prior to
rendering your opinion.

5. Potentially relevant evidence

NOTE: The examiner’s review of the record is NOT restricted to the evidence listed below. This list is provided in an
effort to assist the examiner in locating potentially relevant evidence.

Tab A: _________________________
Tab B: _________________________
Tab C: _________________________
Tab D: _________________________
Tab E: _________________________
Tab F: _________________________

6. Insert additional instructions to clinician as necessary (e.g. hierarchy of contingent opinions)

______________________________________________________________________________________________
______________________________________________________________________________________________
_____________________________________________________________________________________

Newsletter 8
 Compensation & Pension Service
Bulletin

May 2010

INSIDE THIS ISSUE
Front Office (21)
1 o Service Center Managers Conference
Policy (211)
2 o Routine Future Exams in Schedular
Temporary Total Evaluations
o New Procedures for Claims Based on
Herbicide Exposure in Thailand and
Korea
Procedures (212)
4 o M21-1Manual Rewrite (MR) Updates
o Handling and Storage Requirements for
the DoD STR Folder
5 o Fast Letter (FL) 10-16, Fully
Developed Claim Program
Training and Contract Exams (213)
o Skills Certification
6 o Training Performance Support System
(TPSS) Module 6 – Burials
o Electronic Performance Support
System (EPSS) – Combat Related
Disability Payments (CRDP)/Combat
Related Special Compensation (CRSC)

Quality Assurance (214)

o End Product (EP) Transaction Reports
7 o Site Visit Common Findings Report

Newsletter 1
 o EP 600 Date of Claim (DOC) Issue
o Folder Maintenance and Repair
Business Management Staff (215)
o C&P Calendar Update
o Homeless Flash
8 o Compensation and Pension Record
Interchange (CAPRI) Upgrade
Veterans Services (216)
o Fast Letter 10-12, Revised Fiduciary
Program Policies and Procedures
9 o National Fiduciary Managers Training
Conference
Front Office (21)
Service Center Managers Conference
The Service Center Managers Conference will
take place June 27, 2010 to July 2, 2010 in
Orlando, Florida. The conference will focus on
quality, training, new processes and updates, and
campaign plan initiatives from the recent
Director's Workshop. An invitation letter and
travel packet will be provided in the near future.
This message is being sent for planning purposes,
while final coordination is conducted with
facilities in Orlando. Should you have any
questions or require additional information, please
contact Jim Adams (202) 461-9659, the
Compensation and Pension (C&P) point of
contact. We look forward to meeting with you at
the conference.
Policy (211)
Routine Future Exams in Schedular
Temporary Total Evaluations
There has been ongoing confusion in the field
regarding the need to schedule routine future
examinations when a schedular temporary total
evaluation is assigned following a medical event
Newsletter
or procedure. It is clear by the content of the
rating schedule that some schedular temporary
total evaluations are to be assigned for an open-
ended period, and others are for a specified,
closed-end period. An example of an open-ended
period is found under diagnostic code 7528,
Malignant neoplasms of the genitourinary system.
A 100 percent evaluation is assigned, and six
months after the cessation of surgical, X-ray,
antineoplastic chemotherapy or other therapeutic
procedure, a mandatory VA exam is conducted.
Subsequent evaluations will be based on the
residual disability found on exam. Any change in
the evaluation based on that exam or subsequent
exams shall be subject to the due process
requirements of 38 CFR §3.105(e).
In contrast, a schedular temporary total evaluation
with a closed-end period is found under
diagnostic code 5055, Knee replacement
(prosthesis). The rating schedule directs that,
following hospital discharge, a one month total
rating be assigned based on 38 CFR §4.30. This
is followed by assignment of a temporary total
evaluation for a period of one year following
implantation of the prosthetic joint. After the
expiration of the one year, generally, the
minimum schedular evaluation is assigned.
In the first example of prostate cancer, there is no
question that the plain language of the rating
schedule requires a future examination.
Therefore, the future examination will be
scheduled by the rating decision. In the second
example of a knee replacement, there is no such
direction or guidance. In keeping with VA’s
current emphasis on simplifying the claims
process and reducing the number of unnecessary
examinations, new guidance is being issued.
Effective immediately, in cases where the rating
schedule provides for a closed-end temporary
total evaluation, the rating establishing the total
evaluation will prospectively assign the minimum
schedular evaluation effective the day following
expiration of the prescribed total period. No
future examination will be scheduled prior to
2
the expiration of the temporary total period.
The decision notice letter will inform the veteran
of the duration of the temporary total period and
the effective date of reduced schedular minimum
evaluation.
The exception to this guidance is when the
evaluation prior to the temporary total period
exceeds the minimum schedular evaluation, and
that evaluation is protected under 38 CFR
3.951(b). In such cases, no future examination
will be scheduled, and the higher protected
evaluation will be assigned the day following
expiration of the temporary total period.
The M21-1MR will be revised to reflect this
guidance.
New Procedures for Claims Based on
Herbicide Exposure in Thailand and Korea
Effective immediately, when regional offices
(ROs) receive disability claims based on exposure
to tactical herbicides, such as Agent Orange, from
Veterans who served in Thailand or Korea during
the Vietnam era, there is no longer a requirement
to send an inquiry to the C&P Service Agent
Orange Mailbox. Development inquiries can be
sent directly to the Army and Joint Services
Records Research Center (JSRRC) when the
available evidence does not indicate tactical
herbicide exposure. This will reduce processing
time and provide better service to Veterans.
Herbicide related claims from Veterans with
Thailand service
After reviewing documents related to herbicide
use in Vietnam and Thailand, C&P Service has
determined that there was significant use of
herbicides on the fenced in perimeters of military
bases in Thailand intended to eliminate vegetation
and ground cover for base security purposes.
Evidence of this can be found in a declassified
Vietnam era Department of Defense (DoD)
document titled Project CHECO Southeast Asia
Report: Base Defense in Thailand. Therefore,
when herbicide related claims from Veterans with
Newsletter
Thailand service are received, RO personnel
should now evaluate the treatment and personnel
records to determine whether the Veteran’s
service activities involved duty on or near the
perimeter of the military base where the Veteran
was stationed.
DoD has provided information that commercial
herbicides, rather than tactical herbicides, were
used within the confines of Thailand bases to
control weeds. These commercial herbicides have
been, and continue to be, used on all military
bases worldwide. They do not fall under the VA
regulations governing exposure to tactical
herbicides such as Agent Orange. However, there
is some evidence that the herbicides used on the
Thailand base perimeters may have been either
tactical, procured from Vietnam, or a commercial
variant of much greater strength and with
characteristics of tactical herbicides. Therefore,
C&P Service has determined that a special
consideration of herbicide exposure on a facts
found or direct basis should be extended to those
Veterans whose duties placed them on or near the
perimeters of Thailand military bases. This
allows for presumptive service connection of the
diseases associated with herbicide exposure.
The majority of troops in Thailand during the
Vietnam era were stationed at the Royal Thai Air
Force Bases of U-Tapao, Ubon, Nakhon Phanom,
Udorn, Takhli, Korat, and Don Muang. If a US
Air Force Veteran served on one of these air bases
as a security policeman, security patrol dog
handler, member of a security police squadron, or
otherwise served near the air base perimeter, as
shown by MOS (military occupational specialty),
performance evaluations, or other credible
evidence, then herbicide exposure should be
acknowledged on a facts found or direct basis.
However, this applies only during the Vietnam
era, from February 28, 1961 to May 7, 1975.
Along with air bases, there were some small
Army installations established in Thailand during
this period, which may also have used perimeter
herbicides in the same manner as the air bases.
Therefore, if a US Army Veteran claims a
3
disability based on herbicide exposure and the
Veteran was a member of a military police (MP)
unit or was assigned an MP MOS and states that
his duty placed him at or near the base perimeter,
then herbicide exposure on a facts found or direct
basis should be acknowledged for this Veteran.
The difference in approach for US Army Veterans
is based on the fact that some MPs had criminal
investigation duties rather than base security
duties. Therefore, the Veteran’s lay statement is
required to establish security duty on the base
perimeter. This also applies to US Army
personnel who served on air bases in Thailand.
During the early years of the war in Vietnam,
before Air Force security units were fully
established on air bases in Thailand, US Army
personnel may have provided perimeter security.
In such cases, if the Veteran provides a lay
statement that he was involved with perimeter
security duty and there is additional credible
evidence supporting this statement, then herbicide
exposure on a facts found or direct basis can be
acknowledged for this Veteran.
Evaluation and adjudication of the cases described
above can now be conducted by RO personnel
without input from the C&P Service Agent
Orange Mailbox. These instructions replace those
provided in the August 2009 C&P service
Bulletin. In summary, no herbicide related claim
from a Thailand Veteran should be sent to the
C&P Service Agent Orange Mailbox. If evidence
shows that the Veteran performed duties along the
military base perimeter, ROs should acknowledge
herbicide exposure on a facts found or direct
basis. If the available evidence does not show
service along the base perimeter and does not
otherwise indicate exposure to tactical herbicides,
place the memorandum for the record from M21-
1MR IV.ii.2.C.10.q in the claims file and send a
request for information to JSRRC.
Herbicide related claims from Veterans with
Korean service
Currently, tactical herbicide exposure can be
presumed for Veterans who served in specific US
Army units that operated along the Korean
Newsletter
demilitarized zone (DMZ) from April 1968
through July 1969. These units were identified by
DoD documents and are listed in M21-1MR
IV.ii.2.C.10.o. When service treatment or
personnel records show that a Veteran was
assigned to one of these units during the time
frame of tactical herbicide use, the Veteran
qualifies for the presumption of exposure. When
a Veteran with Korean service alleges herbicide
exposure but was not in one of the specified units
or was in one of the specified units outside the
time frame of tactical herbicide use, ROs were
previously instructed to send an inquiry to the
Agent Orange Mailbox for any additional
evidence that might indicate tactical herbicide
exposure.
C&P Service has now determined that ROs are no
longer required to submit herbicide exposure
inquiries from Korean service Veterans to the
Agent Orange Mailbox. Inquires related to
potential herbicide exposure outside the specific
units and time frame listed in M21-1MR should
now be sent directly to JSRRC.
These policy changes are intended to reduce the
time required to process these claims.
Procedures (212)
M21-1Manual Rewrite (MR) Updates
Recently, C&P Service released changes to M21-
1MR that:
 updates procedures regarding claims for
service connection for death from suicide
(M21-1MR, Part IV, Subpart iii, Chapter 2)
 includes new information on Vocational
Rehabilitation and Education (VR&E)
motivational contact procedures and
controlling the 810-diary in Share (M21-1MR,
Part IX, Subpart I, Chapter 1, Section A)
For a detailed list of all the changes made to these
chapters, please refer to the Transmittal Sheet in
the “Changes by Part” or “Changes by Date” link
4
at the top of the MR main website.
Handling and Storage Requirements for the
DoD STR Folder
When a servicemember leaves the military, his or
her Service Treatment Records (STRs) are
transferred to VA on a long-term loan. The
Department of Defense (DoD) is the owner of the
STRs and the STR folder.
The DoD Records Custodians have raised the
issue that VA is destroying their STR folders,
which contain some medical documentation on
the servicemember/Veteran, thus destroying the
integrity of the total STR.
The M21-1 Manual Rewrite(MR), specifically
Part III, Subpart iii, Chapter 2, Section A, details
handling and storage requirements for STRs. The
M21-1MR does not authorize the destruction of
the STR folder. Under no circumstances should
the STR folder be destroyed.
Some specifics related to handling and storing
DoD STRs on loan to VA include:
 Avoid marking on, date stamping, or
punching holes in any records received from
the service department. Avoid removing
STRs from the STR folder unless necessary
for photocopying (M21-1MR III.iii.2.A.2.a).
 STRs belong to the respective service
departments and are on loan to VA. As such,
the STRs are subject to recall by a service
department (M21-1MR III.iii.2.A.2.c).
 While in VA’s possession (M21-1MR
III.iii.2.A.2.c):
o Place the STR folder neatly within the
claims folder
o Do not remove or rearrange documents
from the STR folder unless necessary
for photocopying
o Do not place the STR folder in a VA
Newsletter
Form 21-4582, Service Department
Records Envelope
o Establish a separate volume of the
claims folder in which to maintain the
STR folder or STR envelope if the
thickness is more than one inch, or
more than two and one-half inches
when combined with the claims folder
 Additionally, when a service department
requests return of the STR folder, VA must:
o Photocopy the STRs
o Stamp the copies to show they are
copies of the originals and that the
original STRs were returned.
o Place photocopies of STRs in VA
Form 21-4582.
o File VA Form 21-4582, with STR
copies in the center flap of the claims
folder.
o Return the original STR folder and the
original STRs to the service
department.
Fast Letter (FL) 10-16, Fully Developed Claim
Program
The Veterans’ Benefits Improvement Act of 2008,
Public Law 110-389, § 221(a) mandated VA carry
out the pilot program Expediting Fully Developed
Claims (FDCs) to assess the feasibility and
advisability of expeditiously processing FDCs
within 90 days of receipt. On December 17,
2008, C&P Service released Fast Letter (FL) 08-
48, Pilot Program on Expediting Fully Developed
Claims instructing ten ROs to implement the FDC
pilot program. VA has now decided to expand
the program for implementation at all ROs.
On May 3, 2010, C&P Service released FL 10-16,
Fully Developed Claim Program. The FL
rescinds FL 08-48, modifies previous guidance
released for the FDC pilot program, and provides
guidance for nationwide RO implementation of
the FDC Program.
The FL comes with three enclosures: draft
5
versions of the VA Form 21-526EZ, Fully
Developed Claim/Express Compensation Claim,
and the VA Form 21-527EZ, Fully Developed
Claim/Express Pension Claim, and a copy of the
FDC folder flash. The draft forms provided with
the FL are not to be disseminated or used.
Central Office is awaiting the Office of
Management and Budget (OMB) approval of
these forms and will promptly notify the field
upon such approval.
Please remind staff not to use the Share flash,
Fully Developed Claim, since the flash was for
use with the FDC pilot program only.
Additionally, do not use the following special
issues: Express Claim, Express Claim Excluded-
Additional Evidence, Express Claim Excluded-
Failed to Report for Exam, and Express Claim
Excluded-VBA Administrative Reason.
Please reference FL 10-16 for more information
on identifying claims associated with the FDC
Program.
Training & Contract Exams (213)
Skills Certification
The next Rating Veteran Service Representative
(RVSR) Certification test is scheduled for June 9,
2010. To be eligible to take the test, RVSRs must
have completed the RVSR training curriculum,
meet the local trainee performance standards, and
have been in the position for a minimum of six
months and not more than 24 months.
The initial Operational Certification test for
Decision Review Officers (DROs) is scheduled
for June 16, 2010. To be eligible to take the test,
DROs must be at a GS-13 grade level or above,
assigned as a DRO for at least six months and
meet the local DRO performance standards.
The next Pension Management Center (PMC)
Veteran Service Representative (VSR)
Certification test is scheduled for June 23, 2010.
VSRs may sit for certification 90 days prior to the
earliest date they achieve one year specialized
Newsletter 6
experience at the GS-10 level. A VSR must also
meet the local performance standards at the time
of the test.
Further information regarding these tests will be
forthcoming from the Office of Field Operations
(OFO).
Training Performance Support System (TPSS)
Module 6 - Burials
A team consisting of C&P personnel and three
field subject matter experts (SMEs) have been
assigned to review and update the VSR TPSS
Module 6 – Burials. George Boyd, C&P;
Elizabeth Garcia, Denver RO; Wendi Hoyt,
Nashville RO, and Jamie Goedtke, St. Pete RO,
completed their initial review and are making
necessary changes. Areas needing the most
change relate to dates of claim, date of death and
date of burial. Along with revising the
information about dates, updated Modern Award
Processing-Development (MAP-D) and Personal
Computer Generated Letter (PCGL) notifications
and current rates and eligibility requirements for
Burial Allowance and Plot/Interment benefits will
be included. This module is scheduled to be
released to the field by October 31, 2010.
Electronic Performance Support System
(EPSS) – Combat Related Disability Payments
(CRDP)/Combat Related Special
Compensation (CRSC)
A team made up of C&P personnel and two field
SMEs have been preparing a new Electronic
Performance Support System (EPSS) tool to assist
in processing Combat Related Disability
Payments (CRDP)/Combat Related Special
Compensation (CRSC) claims and Audit Error
Worksheets (AEW). George Boyd, C&P;
Raymond Lund, Waco RO and Tom Kenville,
Cleveland RO, have worked with the contractor
from General Dynamics to establish this tool. We
have completed the initial phase and are preparing
the tool for field testing at a designated RO.
Experienced and novice VSRs will be selected to
process a variety of individual claims based on
CRDP/CRSC and their AEWs. The analysis from
the field test will assist the team in identifying any
confusion or misunderstandings when using the
tool. This tool is scheduled to be released to the
field by August 31, 2010.
Quality Assurance (214)
End Product (EP) Transaction Reports
The Rating EP Transaction Review reports posted
on the C&P Program Operations Intranet
webpage are no longer active; however, reports
through May 1, 2009 will remain available on the
website for historical purposes. C&P Service has
discontinued the reports because most of the data
is now available through VETSNET Operations
Reports (VOR).
We encourage ROs to monitor their data integrity
by reviewing the VOR-Completed Claims Detail
report to validate rating end products (EPs)
completed within five days of the date of claim.
We also encourage stations to review the VOR-
Detailed-Cancelled EPs report to validate the
cancellation of rating EPs that were pending
greater than 180 days. These two reports mirror
the data that was available through the C&P
Single EP Transaction reports.
The VOR-Completed Claims Detail report
provides data regarding multiple rating claims
improperly cleared with the same date of claim.
This mirrors some of the data that was available
through the Multiple EP Transaction reports. We
also encourage RO managers to routinely review
the VOR-Pending-Multiple Rating EP report to
validate station compliance with the procedures of
FL 09-39, Sequential End Products (EPs) and
Third-Digit Modifiers, dated October 2, 2009.
The Program Operations site visit staff will be
monitoring these VOR reports for data integrity as
part of the site visit protocol.
Please direct any questions to the Program
Newsletter 7
Operations staff at VAVBAWAS/CO/214A.
Site Visit Common Findings Report
The FY 2009 Site Visit Common Findings report
has been posted to the C&P Site Visit Intranet
webpage. The report can be accessed through the
following link:
http://10.220.1.4/bl/21/sitevisit/sitevisit.asp
The majority of action items fall into the
Workload Management category. The most
significant repeated findings in this area were
improper execution of the Workload Management
Plan and lack of standard operating procedures in
place for proper mail analysis, mail control and
processing.
Questions regarding this report may be directed to
the Program Operations Staff mailbox at
VAVBAWAS/CO/214A.
EP 600 Date of Claim (DOC) Issue
In reviewing EP 600s, some inconsistencies with
the date of claim (DOC) have been identified. EP
600s should be established timely and monitored
closely to minimize overpayments. Per M21-
1MR.I.2.B.7.b and TL 09-04, an EP 600 should
be established at the time the notice of adverse
action is sent. Questions concerning this should
be forwarded to VAVBAWAS/CO/214B.
Folder Maintenance and Repair
The Quality Assurance Staff has been providing
comments on non-segregated folders requiring
renovation prior to shipping to Nashville for
STAR review. Many folders are shipped to
Nashville that have loose mail and service
treatment records that should be filed down prior
to shipping, need replacement, and need
additional volumes created. This is a reminder
that per M21-1MR.4.G., Veterans folders should
be maintained to provide maximum protection of
their contents by replacing folders and envelopes
that become damaged. Any required renovation
should be preformed prior to transferring the
folder out of the office. Questions concerning this
should be forwarded to VAVBAWAS/CO/214B.
Business Management (215)
C&P Calendar Update
The C&P Calendar web page is a one-stop source
for new and updated information both relating to
the C&P Intranet and to C&P Service at large. In
an effort to improve the sharing of information,
C&P Service has developed a subscription service
for the calendar. Users who subscribe to the
calendar will receive automatic e-mail updates
whenever a calendar item is added or
changed. Each e-mail update will contain the
body of the new or changed calendar item as well
as a link to the calendar itself. To subscribe,
please visit
http://vbacodmoint1.vba.va.gov/bl/21/calendar/cal
_Subscribe.asp. Please contact the
VAVBAWAS/CO/21WEB e-mail box with any
questions, comments, or suggestions about this
service or anything on the C&P Intranet.
Homeless Flash
The proper use of the Homeless Flash in Share
requires that the Homeless Veteran indicator on
the BIRLS Miscellaneous Info (MSC) screen be
checked. Checking the Homeless Veteran
indicator in BIRLS will also automatically add the
Homeless flash in Share when processed as a
BIRLS Update. This action is only required once
for each of these claims.
If a Homeless Flash is established in Share, but
not in BIRLS, the next time a BIRLS update is
processed, the Homeless Flash in Share will be
removed.
If the flash needs to be removed, simply un-check
the Homeless Veteran indicator and perform a
BIRLS update.
Please note, this information was previously
distributed in an e-mail from OFO on May 3,
Newsletter 8
2010. Questions can be directed to C&P Service
at 215A.VBACO@va.gov.
Compensation and Pension Record
Interchange (CAPRI) Upgrade
VBA will be nationally deploying a new version
of the Compensation and Pension Record
Interchange (CAPRI) application. This version
will fix several defects and add enhancements to
the application. Additional information can be
found in the release notes which can be
downloaded from the VHA Software Document
Library. The following outlines major
improvements that will affect VBA’s use of
CAPRI:
o A previous release of CAPRI prevented
users from copying and pasting on the
C&P Exam Request screen via shortcut
keys or the mouse right-click menu. This
issue has been resolved.
o CAPRI will now allow the addition of a
new patient record with a first name
consisting of only a single character. This
issue was first reported by the Togus RO
when they tried to create a new record in
CAPRI for a patient whose first name
consisted of only the character “J.”
o CAPRI will now support the need to enter
foreign addresses for a patient’s
permanent, temporary, and confidential
addresses.
o In support of the Disability Evaluation
System (DES) program, CAPRI has been
modified to allow the selection of
“TRICARE” or “SHARE AGREEMENT”
as Primary Eligibility options when
creating a new patient record.
As with any software release, this release does
create some issues that will be addressed in a
future release. The following outlines major
known issues with this release:
o Duplex (double-sided) printing is ignored
by CAPRI, even if the default printer
settings call for duplex printing.
o The Site Selection screen does not honor a
 space as a character when typing in a
facility name. Using the mouse or arrow
keys to make a site selection is unaffected.
Veterans Services (216)
Fast Letter 10-12, Revised Fiduciary Program
Policies and Procedures
On April 20, 2010, C&P Service released FL 10-
12, Revised Fiduciary Program Policies and
Procedures. This FL significantly revises several
Fiduciary Program requirements including:
o New Requirement for Documentation of
Expenditures - The long-standing provision of
M21-1MR, Part XI, 3.D.17d mandating that
Legal Instruments Examiners (LIE) obtain
receipts for any questionable expense remains
in effect. However, effective April 21, 2010,
a receipt is required for any unbudgeted item
in excess of $1,000. Furthermore, a receipt is
now required for any budgeted item which
exceeds the Fund Usage Agreement by more
than 15 percent, if the financial institution
documents do not verify the expense.
o New Misuse Requirements - Recent reviews
of misuse determination findings during C&P
Service site visits to ROs have revealed the
need for additional examinations of misuse
procedures. Effective April 21, 2010, once
the RO completes its final action on a misuse
case, the misuse allegation, memorandum not
to investigate, or the investigation and
determination with all supporting documents,
must be submitted to the C&P Service
Fiduciary Staff. Copies of these documents
should be submitted to:
VA Central Office
810 Vermont Ave. NW
Attn: C&P Service (216A)
Washington, DC 20420
The necessary paperwork may be
electronically submitted to the Fiduciary
Mailbox at VAVBAWAS/CO/F&FE, but only
if the signatures are included in the electronic
Newsletter 9
record and the supporting documentation has
been scanned for inclusion. M21-1MR will
be updated to reflect this change.
o New Requirement for Collection of Fiduciary
ID - FBS Users Guide, Chapter 8, Section 3a
defines the fiduciary identification as a Social
Security number for an individual or a
taxpayer ID number for an entity other than an
individual. The guide states that this number
is required if the fiduciary is an individual, but
it does not indicate whether the number must
be collected for an entity other than an
individual. Effective April 21, 2010, a Social
Security or Taxpayer ID number is required of
all fiduciaries, and must be recorded in FBS.
On all initial appointment field examinations,
ROs and the Western Area Fiduciary Hub
(Hub) must collect the fiduciary ID. Every
fiduciary-beneficiary (F-B) field examination
must either collect the fiduciary ID or confirm
the fiduciary ID is a matter of record. The
FBS Users Guide will be updated to reflect
this change.
o New Onsite Review Requirements - M21-
1MR, Part XI, Chapter 6.a.1.e requires that a
copy of Onsite Review Reports be filed in the
Onsite Review File for the fiduciary and
maintained for the life of the file. The life of
the file expires when the fiduciary is released
from all cases. Recent findings during C&P
Service site visits have revealed
inconsistencies in conducting onsite reviews.
Effective April 21, 2010, all completed onsite
reviews will be reviewed by the C&P Service
Fiduciary Staff. ROs and the Hub must
submit a copy of the signed Onsite Review
Report and supporting documentation within
ten days of completion of the Onsite Review
Report to:
VA Central Office
810 Vermont Ave. NW
Attn: C&P Service (216A)
Washington, DC 20420
Onsite Review Reports may be electronically
submitted to the Fiduciary Mailbox at
VAVBAWAS/CO/F&FE, but only if the
 Compensation & Pension Service
Bulletin
INSIDE THIS ISSUE
Front Office (21)
1 o Service Center Managers Conference
Policy (211)
2 o Routine Future Exams in Schedular
Temporary Total Evaluations
o New Procedures for Claims Based on
Herbicide Exposure in Thailand and
Korea
Newsletter 1
May 2010
Procedures (212)
4 o M21-1Manual Rewrite (MR) Updates
o Handling and Storage Requirements for
the DoD STR Folder
5 o Fast Letter (FL) 10-16, Fully
Developed Claim Program
Training and Contract Exams (213)
o Skills Certification
6 o Training Performance Support System
(TPSS) Module 6 – Burials
o Electronic Performance Support
System (EPSS) – Combat Related
Disability Payments (CRDP)/Combat
Related Special Compensation (CRSC)
Quality Assurance (214)
o End Product (EP) Transaction Reports
7 o Site Visit Common Findings Report
 o EP 600 Date of Claim (DOC) Issue
o Folder Maintenance and Repair
Business Management Staff (215)
o C&P Calendar Update
o Homeless Flash
8 o Compensation and Pension Record
Interchange (CAPRI) Upgrade
Veterans Services (216)
o Fast Letter 10-12, Revised Fiduciary
Program Policies and Procedures
9 o National Fiduciary Managers Training
Conference
Front Office (21)
Service Center Managers Conference
The Service Center Managers Conference will
take place June 27, 2010 to July 2, 2010 in
Orlando, Florida. The conference will focus on
quality, training, new processes and updates, and
campaign plan initiatives from the recent
Director's Workshop. An invitation letter and
travel packet will be provided in the near future.
This message is being sent for planning purposes,
while final coordination is conducted with
facilities in Orlando. Should you have any
questions or require additional information, please
contact Jim Adams (202) 461-9659, the
Compensation and Pension (C&P) point of
contact. We look forward to meeting with you at
the conference.
Policy (211)
Routine Future Exams in Schedular
Temporary Total Evaluations
There has been ongoing confusion in the field
regarding the need to schedule routine future
examinations when a schedular temporary total
evaluation is assigned following a medical event
Newsletter 2
or procedure. It is clear by the content of the
rating schedule that some schedular temporary
total evaluations are to be assigned for an open-
ended period, and others are for a specified,
closed-end period. An example of an open-ended
period is found under diagnostic code 7528,
Malignant neoplasms of the genitourinary system.
A 100 percent evaluation is assigned, and six
months after the cessation of surgical, X-ray,
antineoplastic chemotherapy or other therapeutic
procedure, a mandatory VA exam is conducted.
Subsequent evaluations will be based on the
residual disability found on exam. Any change in
the evaluation based on that exam or subsequent
exams shall be subject to the due process
requirements of 38 CFR §3.105(e).
In contrast, a schedular temporary total evaluation
with a closed-end period is found under
diagnostic code 5055, Knee replacement
(prosthesis). The rating schedule directs that,
following hospital discharge, a one month total
rating be assigned based on 38 CFR §4.30. This
is followed by assignment of a temporary total
evaluation for a period of one year following
implantation of the prosthetic joint. After the
expiration of the one year, generally, the
minimum schedular evaluation is assigned.
In the first example of prostate cancer, there is no
question that the plain language of the rating
schedule requires a future examination.
Therefore, the future examination will be
scheduled by the rating decision. In the second
example of a knee replacement, there is no such
direction or guidance. In keeping with VA’s
current emphasis on simplifying the claims
process and reducing the number of unnecessary
examinations, new guidance is being issued.
Effective immediately, in cases where the rating
schedule provides for a closed-end temporary
total evaluation, the rating establishing the total
evaluation will prospectively assign the minimum
schedular evaluation effective the day following
expiration of the prescribed total period. No
future examination will be scheduled prior to
the expiration of the temporary total period.
The decision notice letter will inform the veteran
of the duration of the temporary total period and
the effective date of reduced schedular minimum
evaluation.
The exception to this guidance is when the
evaluation prior to the temporary total period
exceeds the minimum schedular evaluation, and
that evaluation is protected under 38 CFR
3.951(b). In such cases, no future examination
will be scheduled, and the higher protected
evaluation will be assigned the day following
expiration of the temporary total period.
The M21-1MR will be revised to reflect this
guidance.
New Procedures for Claims Based on
Herbicide Exposure in Thailand and Korea
Effective immediately, when regional offices
(ROs) receive disability claims based on exposure
to tactical herbicides, such as Agent Orange, from
Veterans who served in Thailand or Korea during
the Vietnam era, there is no longer a requirement
to send an inquiry to the C&P Service Agent
Orange Mailbox. Development inquiries can be
sent directly to the Army and Joint Services
Records Research Center (JSRRC) when the
available evidence does not indicate tactical
herbicide exposure. This will reduce processing
time and provide better service to Veterans.
Herbicide related claims from Veterans with
Thailand service
After reviewing documents related to herbicide
use in Vietnam and Thailand, C&P Service has
determined that there was significant use of
herbicides on the fenced in perimeters of military
bases in Thailand intended to eliminate vegetation
and ground cover for base security purposes.
Evidence of this can be found in a declassified
Vietnam era Department of Defense (DoD)
document titled Project CHECO Southeast Asia
Report: Base Defense in Thailand. Therefore,
when herbicide related claims from Veterans with
Newsletter 3
Thailand service are received, RO personnel
should now evaluate the treatment and personnel
records to determine whether the Veteran’s
service activities involved duty on or near the
perimeter of the military base where the Veteran
was stationed.
DoD has provided information that commercial
herbicides, rather than tactical herbicides, were
used within the confines of Thailand bases to
control weeds. These commercial herbicides have
been, and continue to be, used on all military
bases worldwide. They do not fall under the VA
regulations governing exposure to tactical
herbicides such as Agent Orange. However, there
is some evidence that the herbicides used on the
Thailand base perimeters may have been either
tactical, procured from Vietnam, or a commercial
variant of much greater strength and with
characteristics of tactical herbicides. Therefore,
C&P Service has determined that a special
consideration of herbicide exposure on a facts
found or direct basis should be extended to those
Veterans whose duties placed them on or near the
perimeters of Thailand military bases. This
allows for presumptive service connection of the
diseases associated with herbicide exposure.
The majority of troops in Thailand during the
Vietnam era were stationed at the Royal Thai Air
Force Bases of U-Tapao, Ubon, Nakhon Phanom,
Udorn, Takhli, Korat, and Don Muang. If a US
Air Force Veteran served on one of these air bases
as a security policeman, security patrol dog
handler, member of a security police squadron, or
otherwise served near the air base perimeter, as
shown by MOS (military occupational specialty),
performance evaluations, or other credible
evidence, then herbicide exposure should be
acknowledged on a facts found or direct basis.
However, this applies only during the Vietnam
era, from February 28, 1961 to May 7, 1975.
Along with air bases, there were some small
Army installations established in Thailand during
this period, which may also have used perimeter
herbicides in the same manner as the air bases.
Therefore, if a US Army Veteran claims a
disability based on herbicide exposure and the
Veteran was a member of a military police (MP)
unit or was assigned an MP MOS and states that
his duty placed him at or near the base perimeter,
then herbicide exposure on a facts found or direct
basis should be acknowledged for this Veteran.
The difference in approach for US Army Veterans
is based on the fact that some MPs had criminal
investigation duties rather than base security
duties. Therefore, the Veteran’s lay statement is
required to establish security duty on the base
perimeter. This also applies to US Army
personnel who served on air bases in Thailand.
During the early years of the war in Vietnam,
before Air Force security units were fully
established on air bases in Thailand, US Army
personnel may have provided perimeter security.
In such cases, if the Veteran provides a lay
statement that he was involved with perimeter
security duty and there is additional credible
evidence supporting this statement, then herbicide
exposure on a facts found or direct basis can be
acknowledged for this Veteran.
Evaluation and adjudication of the cases described
above can now be conducted by RO personnel
without input from the C&P Service Agent
Orange Mailbox. These instructions replace those
provided in the August 2009 C&P service
Bulletin. In summary, no herbicide related claim
from a Thailand Veteran should be sent to the
C&P Service Agent Orange Mailbox. If evidence
shows that the Veteran performed duties along the
military base perimeter, ROs should acknowledge
herbicide exposure on a facts found or direct
basis. If the available evidence does not show
service along the base perimeter and does not
otherwise indicate exposure to tactical herbicides,
place the memorandum for the record from M21-
1MR IV.ii.2.C.10.q in the claims file and send a
request for information to JSRRC.
Herbicide related claims from Veterans with
Korean service
Currently, tactical herbicide exposure can be
presumed for Veterans who served in specific US
Army units that operated along the Korean
Newsletter 4
demilitarized zone (DMZ) from April 1968
through July 1969. These units were identified by
DoD documents and are listed in M21-1MR
IV.ii.2.C.10.o. When service treatment or
personnel records show that a Veteran was
assigned to one of these units during the time
frame of tactical herbicide use, the Veteran
qualifies for the presumption of exposure. When
a Veteran with Korean service alleges herbicide
exposure but was not in one of the specified units
or was in one of the specified units outside the
time frame of tactical herbicide use, ROs were
previously instructed to send an inquiry to the
Agent Orange Mailbox for any additional
evidence that might indicate tactical herbicide
exposure.
C&P Service has now determined that ROs are no
longer required to submit herbicide exposure
inquiries from Korean service Veterans to the
Agent Orange Mailbox. Inquires related to
potential herbicide exposure outside the specific
units and time frame listed in M21-1MR should
now be sent directly to JSRRC.
These policy changes are intended to reduce the
time required to process these claims.
Procedures (212)
M21-1Manual Rewrite (MR) Updates
Recently, C&P Service released changes to M21-
1MR that:
 updates procedures regarding claims for
service connection for death from suicide
(M21-1MR, Part IV, Subpart iii, Chapter 2)
 includes new information on Vocational
Rehabilitation and Education (VR&E)
motivational contact procedures and
controlling the 810-diary in Share (M21-1MR,
Part IX, Subpart I, Chapter 1, Section A)
For a detailed list of all the changes made to these
chapters, please refer to the Transmittal Sheet in
the “Changes by Part” or “Changes by Date” link
at the top of the MR main website.
Handling and Storage Requirements for the
DoD STR Folder
When a servicemember leaves the military, his or
her Service Treatment Records (STRs) are
transferred to VA on a long-term loan. The
Department of Defense (DoD) is the owner of the
STRs and the STR folder.
The DoD Records Custodians have raised the
issue that VA is destroying their STR folders,
which contain some medical documentation on
the servicemember/Veteran, thus destroying the
integrity of the total STR.
The M21-1 Manual Rewrite(MR), specifically
Part III, Subpart iii, Chapter 2, Section A, details
handling and storage requirements for STRs. The
M21-1MR does not authorize the destruction of
the STR folder. Under no circumstances should
the STR folder be destroyed.
Some specifics related to handling and storing
DoD STRs on loan to VA include:
 Avoid marking on, date stamping, or
punching holes in any records received from
the service department. Avoid removing
STRs from the STR folder unless necessary
for photocopying (M21-1MR III.iii.2.A.2.a).
 STRs belong to the respective service
departments and are on loan to VA. As such,
the STRs are subject to recall by a service
department (M21-1MR III.iii.2.A.2.c).
 While in VA’s possession (M21-1MR
III.iii.2.A.2.c):
o Place the STR folder neatly within the
claims folder
o Do not remove or rearrange documents
from the STR folder unless necessary
for photocopying
o Do not place the STR folder in a VA
Newsletter 5
Form 21-4582, Service Department
Records Envelope
o Establish a separate volume of the
claims folder in which to maintain the
STR folder or STR envelope if the
thickness is more than one inch, or
more than two and one-half inches
when combined with the claims folder
 Additionally, when a service department
requests return of the STR folder, VA must:
o Photocopy the STRs
o Stamp the copies to show they are
copies of the originals and that the
original STRs were returned.
o Place photocopies of STRs in VA
Form 21-4582.
o File VA Form 21-4582, with STR
copies in the center flap of the claims
folder.
o Return the original STR folder and the
original STRs to the service
department.
Fast Letter (FL) 10-16, Fully Developed Claim
Program
The Veterans’ Benefits Improvement Act of 2008,
Public Law 110-389, § 221(a) mandated VA carry
out the pilot program Expediting Fully Developed
Claims (FDCs) to assess the feasibility and
advisability of expeditiously processing FDCs
within 90 days of receipt. On December 17,
2008, C&P Service released Fast Letter (FL) 08-
48, Pilot Program on Expediting Fully Developed
Claims instructing ten ROs to implement the FDC
pilot program. VA has now decided to expand
the program for implementation at all ROs.
On May 3, 2010, C&P Service released FL 10-16,
Fully Developed Claim Program. The FL
rescinds FL 08-48, modifies previous guidance
released for the FDC pilot program, and provides
guidance for nationwide RO implementation of
the FDC Program.
The FL comes with three enclosures: draft
versions of the VA Form 21-526EZ, Fully
Developed Claim/Express Compensation Claim,
and the VA Form 21-527EZ, Fully Developed
Claim/Express Pension Claim, and a copy of the
FDC folder flash. The draft forms provided with
the FL are not to be disseminated or used.
Central Office is awaiting the Office of
Management and Budget (OMB) approval of
these forms and will promptly notify the field
upon such approval.
Please remind staff not to use the Share flash,
Fully Developed Claim, since the flash was for
use with the FDC pilot program only.
Additionally, do not use the following special
issues: Express Claim, Express Claim Excluded-
Additional Evidence, Express Claim Excluded-
Failed to Report for Exam, and Express Claim
Excluded-VBA Administrative Reason.
Please reference FL 10-16 for more information
on identifying claims associated with the FDC
Program.
Training & Contract Exams (213)
Skills Certification
The next Rating Veteran Service Representative
(RVSR) Certification test is scheduled for June 9,
2010. To be eligible to take the test, RVSRs must
have completed the RVSR training curriculum,
meet the local trainee performance standards, and
have been in the position for a minimum of six
months and not more than 24 months.
The initial Operational Certification test for
Decision Review Officers (DROs) is scheduled
for June 16, 2010. To be eligible to take the test,
DROs must be at a GS-13 grade level or above,
assigned as a DRO for at least six months and
meet the local DRO performance standards.
The next Pension Management Center (PMC)
Veteran Service Representative (VSR)
Certification test is scheduled for June 23, 2010.
VSRs may sit for certification 90 days prior to the
earliest date they achieve one year specialized
Newsletter 6
experience at the GS-10 level. A VSR must also
meet the local performance standards at the time
of the test.
Further information regarding these tests will be
forthcoming from the Office of Field Operations
(OFO).
Training Performance Support System (TPSS)
Module 6 - Burials
A team consisting of C&P personnel and three
field subject matter experts (SMEs) have been
assigned to review and update the VSR TPSS
Module 6 – Burials. George Boyd, C&P;
Elizabeth Garcia, Denver RO; Wendi Hoyt,
Nashville RO, and Jamie Goedtke, St. Pete RO,
completed their initial review and are making
necessary changes. Areas needing the most
change relate to dates of claim, date of death and
date of burial. Along with revising the
information about dates, updated Modern Award
Processing-Development (MAP-D) and Personal
Computer Generated Letter (PCGL) notifications
and current rates and eligibility requirements for
Burial Allowance and Plot/Interment benefits will
be included. This module is scheduled to be
released to the field by October 31, 2010.
Electronic Performance Support System
(EPSS) – Combat Related Disability Payments
(CRDP)/Combat Related Special
Compensation (CRSC)
A team made up of C&P personnel and two field
SMEs have been preparing a new Electronic
Performance Support System (EPSS) tool to assist
in processing Combat Related Disability
Payments (CRDP)/Combat Related Special
Compensation (CRSC) claims and Audit Error
Worksheets (AEW). George Boyd, C&P;
Raymond Lund, Waco RO and Tom Kenville,
Cleveland RO, have worked with the contractor
from General Dynamics to establish this tool. We
have completed the initial phase and are preparing
the tool for field testing at a designated RO.
Experienced and novice VSRs will be selected to
process a variety of individual claims based on
CRDP/CRSC and their AEWs. The analysis from
the field test will assist the team in identifying any
confusion or misunderstandings when using the
tool. This tool is scheduled to be released to the
field by August 31, 2010.
Quality Assurance (214)
End Product (EP) Transaction Reports
The Rating EP Transaction Review reports posted
on the C&P Program Operations Intranet
webpage are no longer active; however, reports
through May 1, 2009 will remain available on the
website for historical purposes. C&P Service has
discontinued the reports because most of the data
is now available through VETSNET Operations
Reports (VOR).
We encourage ROs to monitor their data integrity
by reviewing the VOR-Completed Claims Detail
report to validate rating end products (EPs)
completed within five days of the date of claim.
We also encourage stations to review the VOR-
Detailed-Cancelled EPs report to validate the
cancellation of rating EPs that were pending
greater than 180 days. These two reports mirror
the data that was available through the C&P
Single EP Transaction reports.
The VOR-Completed Claims Detail report
provides data regarding multiple rating claims
improperly cleared with the same date of claim.
This mirrors some of the data that was available
through the Multiple EP Transaction reports. We
also encourage RO managers to routinely review
the VOR-Pending-Multiple Rating EP report to
validate station compliance with the procedures of
FL 09-39, Sequential End Products (EPs) and
Third-Digit Modifiers, dated October 2, 2009.
The Program Operations site visit staff will be
monitoring these VOR reports for data integrity as
part of the site visit protocol.
Please direct any questions to the Program
Newsletter 7
Operations staff at VAVBAWAS/CO/214A.
Site Visit Common Findings Report
The FY 2009 Site Visit Common Findings report
has been posted to the C&P Site Visit Intranet
webpage. The report can be accessed through the
following link:
http://10.220.1.4/bl/21/sitevisit/sitevisit.asp
The majority of action items fall into the
Workload Management category. The most
significant repeated findings in this area were
improper execution of the Workload Management
Plan and lack of standard operating procedures in
place for proper mail analysis, mail control and
processing.
Questions regarding this report may be directed to
the Program Operations Staff mailbox at
VAVBAWAS/CO/214A.
EP 600 Date of Claim (DOC) Issue
In reviewing EP 600s, some inconsistencies with
the date of claim (DOC) have been identified. EP
600s should be established timely and monitored
closely to minimize overpayments. Per M21-
1MR.I.2.B.7.b and TL 09-04, an EP 600 should
be established at the time the notice of adverse
action is sent. Questions concerning this should
be forwarded to VAVBAWAS/CO/214B.
Folder Maintenance and Repair
The Quality Assurance Staff has been providing
comments on non-segregated folders requiring
renovation prior to shipping to Nashville for
STAR review. Many folders are shipped to
Nashville that have loose mail and service
treatment records that should be filed down prior
to shipping, need replacement, and need
additional volumes created. This is a reminder
that per M21-1MR.4.G., Veterans folders should
be maintained to provide maximum protection of
their contents by replacing folders and envelopes
that become damaged. Any required renovation
should be preformed prior to transferring the
folder out of the office. Questions concerning this
should be forwarded to VAVBAWAS/CO/214B.
Business Management (215)
C&P Calendar Update
The C&P Calendar web page is a one-stop source
for new and updated information both relating to
the C&P Intranet and to C&P Service at large. In
an effort to improve the sharing of information,
C&P Service has developed a subscription service
for the calendar. Users who subscribe to the
calendar will receive automatic e-mail updates
whenever a calendar item is added or
changed. Each e-mail update will contain the
body of the new or changed calendar item as well
as a link to the calendar itself. To subscribe,
please visit
http://vbacodmoint1.vba.va.gov/bl/21/calendar/cal
_Subscribe.asp. Please contact the
VAVBAWAS/CO/21WEB e-mail box with any
questions, comments, or suggestions about this
service or anything on the C&P Intranet.
Homeless Flash
The proper use of the Homeless Flash in Share
requires that the Homeless Veteran indicator on
the BIRLS Miscellaneous Info (MSC) screen be
checked. Checking the Homeless Veteran
indicator in BIRLS will also automatically add the
Homeless flash in Share when processed as a
BIRLS Update. This action is only required once
for each of these claims.
If a Homeless Flash is established in Share, but
not in BIRLS, the next time a BIRLS update is
processed, the Homeless Flash in Share will be
removed.
If the flash needs to be removed, simply un-check
the Homeless Veteran indicator and perform a
BIRLS update.
Please note, this information was previously
distributed in an e-mail from OFO on May 3,
Newsletter 8
2010. Questions can be directed to C&P Service
at 215A.VBACO@va.gov.
Compensation and Pension Record
Interchange (CAPRI) Upgrade
VBA will be nationally deploying a new version
of the Compensation and Pension Record
Interchange (CAPRI) application. This version
will fix several defects and add enhancements to
the application. Additional information can be
found in the release notes which can be
downloaded from the VHA Software Document
Library. The following outlines major
improvements that will affect VBA’s use of
CAPRI:
o A previous release of CAPRI prevented
users from copying and pasting on the
C&P Exam Request screen via shortcut
keys or the mouse right-click menu. This
issue has been resolved.
o CAPRI will now allow the addition of a
new patient record with a first name
consisting of only a single character. This
issue was first reported by the Togus RO
when they tried to create a new record in
CAPRI for a patient whose first name
consisted of only the character “J.”
o CAPRI will now support the need to enter
foreign addresses for a patient’s
permanent, temporary, and confidential
addresses.
o In support of the Disability Evaluation
System (DES) program, CAPRI has been
modified to allow the selection of
“TRICARE” or “SHARE AGREEMENT”
as Primary Eligibility options when
creating a new patient record.
As with any software release, this release does
create some issues that will be addressed in a
future release. The following outlines major
known issues with this release:
o Duplex (double-sided) printing is ignored
by CAPRI, even if the default printer
settings call for duplex printing.
o The Site Selection screen does not honor a
 space as a character when typing in a
facility name. Using the mouse or arrow
keys to make a site selection is unaffected.
Veterans Services (216)
Fast Letter 10-12, Revised Fiduciary Program
Policies and Procedures
On April 20, 2010, C&P Service released FL 10-
12, Revised Fiduciary Program Policies and
Procedures. This FL significantly revises several
Fiduciary Program requirements including:
o New Requirement for Documentation of
Expenditures - The long-standing provision of
M21-1MR, Part XI, 3.D.17d mandating that
Legal Instruments Examiners (LIE) obtain
receipts for any questionable expense remains
in effect. However, effective April 21, 2010,
a receipt is required for any unbudgeted item
in excess of $1,000. Furthermore, a receipt is
now required for any budgeted item which
exceeds the Fund Usage Agreement by more
than 15 percent, if the financial institution
documents do not verify the expense.
o New Misuse Requirements - Recent reviews
of misuse determination findings during C&P
Service site visits to ROs have revealed the
need for additional examinations of misuse
procedures. Effective April 21, 2010, once
the RO completes its final action on a misuse
case, the misuse allegation, memorandum not
to investigate, or the investigation and
determination with all supporting documents,
must be submitted to the C&P Service
Fiduciary Staff. Copies of these documents
should be submitted to:
VA Central Office
810 Vermont Ave. NW
Attn: C&P Service (216A)
Washington, DC 20420
The necessary paperwork may be
electronically submitted to the Fiduciary
Mailbox at VAVBAWAS/CO/F&FE, but only
if the signatures are included in the electronic
Newsletter 9
record and the supporting documentation has
been scanned for inclusion. M21-1MR will
be updated to reflect this change.
o New Requirement for Collection of Fiduciary
ID - FBS Users Guide, Chapter 8, Section 3a
defines the fiduciary identification as a Social
Security number for an individual or a
taxpayer ID number for an entity other than an
individual. The guide states that this number
is required if the fiduciary is an individual, but
it does not indicate whether the number must
be collected for an entity other than an
individual. Effective April 21, 2010, a Social
Security or Taxpayer ID number is required of
all fiduciaries, and must be recorded in FBS.
On all initial appointment field examinations,
ROs and the Western Area Fiduciary Hub
(Hub) must collect the fiduciary ID. Every
fiduciary-beneficiary (F-B) field examination
must either collect the fiduciary ID or confirm
the fiduciary ID is a matter of record. The
FBS Users Guide will be updated to reflect
this change.
o New Onsite Review Requirements - M21-
1MR, Part XI, Chapter 6.a.1.e requires that a
copy of Onsite Review Reports be filed in the
Onsite Review File for the fiduciary and
maintained for the life of the file. The life of
the file expires when the fiduciary is released
from all cases. Recent findings during C&P
Service site visits have revealed
inconsistencies in conducting onsite reviews.
Effective April 21, 2010, all completed onsite
reviews will be reviewed by the C&P Service
Fiduciary Staff. ROs and the Hub must
submit a copy of the signed Onsite Review
Report and supporting documentation within
ten days of completion of the Onsite Review
Report to:
VA Central Office
810 Vermont Ave. NW
Attn: C&P Service (216A)
Washington, DC 20420
Onsite Review Reports may be electronically
submitted to the Fiduciary Mailbox at
VAVBAWAS/CO/F&FE, but only if the
 Compensation & Pension Service
Bulletin

January 2010

o Fiduciary Teleconference
INSIDE THIS ISSUE
o VA Form 21-7288(a), Daily Record of
Policy (211) Veterans Assistance Interviews
1 o Information on Vietnam Naval o Congressional Correspondence
Operations o Homeless Veterans
Procedures (212)
2 o BDN Automated CRSC/CRDP Policy (211)
Payments Discontinued
o Fast Letter 10-03, Chapter 35 Benefits Information on Vietnam Naval Operations
for Dependents of Servicemembers
3 o Fast Letter 09-52, Verification of Compensation and Pension (C&P) Service has
Participation in “Special Operations” initiated a program to collect data on Vietnam
Incidents naval operations for the purpose of providing
o Correcting Erroneous Diagnostic Codes regional offices with information to assist with
for Undiagnosed Illness development in Haas related disability claims
based on herbicide exposure from Navy
Training and Contract Exams (213) Veterans. To date, we have received verification
o Skill Certification Tests from various sources showing that a number of
offshore “blue water” naval vessels conducted
Quality Assurance (214) operations on the inland “brown water” rivers
4 o Rating Quality Call and delta areas of Vietnam. We have also
o M21-4 Update identified certain vessel types that operated
o Fiduciary STAR Reviews primarily or exclusively on the inland
waterways. The ships and dates of inland
Business Management Staff (215) waterway service are listed below. If a
o VOR enhancements Veteran’s service aboard one of these ships can
be confirmed through military records during the
time frames specified, then exposure to herbicide
Veteran Services (216) agents can be presumed without further
o VA Form 21-4703, Fiduciary development.
Agreement
o VA Form 21-4718a, Certificate of All vessels of Inshore Fire Support [IFS]
5 Division 93 during their entire Vietnam tour
Balance on Deposit and Authority to USS Carronade (IFS 1)
Disclose Financial Records USS Clarion River (LSMR 409) [Landing Ship,

Newsletter 1
Medium, Rocket]
USS Francis River (LSMR 525)
USS White River (LSMR 536)
All vessels with the designation LST [Landing
Ship, Tank] during their entire tour
[WWII ships converted to transport supplies on
rivers and serve as barracks for brown water
Mobile Riverine Forces]
All vessels with the designation LCVP [Landing
Craft, Vehicle, Personnel] during their entire
tour
All vessels with the designation PCF [Patrol
Craft, Fast] during their entire tour
[Also called Swift Boats, operating for enemy
interdiction on close coastal waters]
All vessels with the designation PBR [Patrol
Boat, River] during their entire tour
[Also called River Patrol Boats as part of the
Mobile Riverine Forces operating on inland
waterways and featured in the Vietnam film
“Apocalypse Now”]
USS Ingersoll (DD-652) [Destroyer] [Operated
on Saigon River, October 24-25, 1965]
USS Mansfield (DD-728) [Destroyer] [Operated
on Saigon River August 8-19, 1967 and
December 21-24, 1968]
USS Richard E. Kraus (DD-849) [Destroyer]
[Operated on coastal inlet north of Da Nang,
June 2-5, 1966, protecting Marines holding a
bridge]
USS Basilone (DD-824) [Destroyer] [Operated
on Saigon River, May 24-25, 1966]
USS Hamner (DD-718) [Destroyer] [Operated
on Song Lon Tao and Long Song Tao Rivers,
August 15-September 1, 1966]
USS Conway (DD-507) [Destroyer] [Operated
on Saigon River, early August 1966]
Newsletter
USS Fiske (DD-842) [Destroyer] [Operated on
Mekong River, June 16-21, 1966]
USS Black (DD-666) [Destroyer] [Operated on
Saigon River, July 13-19, 1966]
USS Providence (CLG-6) [Cruiser, Light,
Guided Missile] [Operated on Saigon River 3
days during January 1964]
USS Mahan (DLG-11) [Guided Missile Frigate]
[Operated on Saigon River October 24-28, 1964]
USS Okanogan (APA-220) [Attack Transport]
[Operated on Saigon River July 22-23, 29-30,
1968 and August 5-6, 1968]
USS Niagara Falls (AFS-3) [Combat Stores
Ship] [Unloaded supplies on Saigon River and
Cam Rahn Bay, April 22-25, 1968]
Procedures (212)
BDN Automated CRSC/CRDP Payments
Discontinued
A recent review revealed that the automated
Combat-Related Special Compensation (CRSC)
and Concurrent Retirement and Disability Pay
(CRDP) payments that were still being made on
some BDN cases were resulting in
overpayments. Therefore, that process was
discontinued. Accordingly, all BDN
CRSC/CRDP payments will be made through
the Audit Error Worksheet (AEW) process. As
with all AEWs, Virtual VA (VVA) and TINQ
(Treasure Inquiry) should be checked for prior
payments before processing.
Fast Letter 10-03, Chapter 35 Benefits for
Dependents of Servicemembers
On January 7, 2010, C&P Service released Fast
Letter 10-03, Chapter 35 Benefits for
Dependents of Servicemembers. This letter
contains guidance for the development and
processing of claims for Dependents’
Educational Assistance (DEA/chapter 35
2
benefits) under Public Law 109-461. Section
301 of the law allows the Department of
Veterans Affairs (VA) to pay DEA benefits to
dependents of severely disabled servicemembers
who are pending discharge from the military.
Eligible dependents may now receive DEA
benefits before servicemembers are discharged.
The new category of eligible persons includes
the spouses and children of active duty
servicemembers who at the time of VA’s
decision:
· are hospitalized or receiving outpatient
medical care, services, or treatment;
· have a total disability permanent in nature,
incurred or aggravated in the line of duty in
the active military, naval, or air service; and
· are likely to be discharged or released from
service for the disability.
Fast Letter 09-52, Verification of
Participation in “Special Operations”
Incidents
On December 9, 2009 C&P Service released
Fast Letter 09-52, Verification of Participation
in “Special Operations” Incidents. This fast
letter provides instructions for verifying a
Veteran’s involvement in Special Operations
Forces classified missions or obtaining related
classified documents.
Correcting Erroneous Diagnostic Codes for
Undiagnosed Illness
Members of a Gulf War Veterans Information
Systems (GWVIS) Work Group have identified
many records, potentially involving qualifying
chronic disabilities associated with service in
Southwest Asia, with erroneous diagnostic
codes. These errors can negatively impact the
quality of the GWVIS reports which are
provided to stakeholders who monitor Gulf War
Veterans’ use of Compensation and Pension
Newsletter
Benefits.
The most common errors involve misplacement
of the diagnostic codes in the 8800 series and/or
misuse of the analogous codes XX99. While
RBA2000 prevents these errors from occurring
in current ratings, the errors still exist in ratings
completed prior to RBA2000. RVSRs should be
reminded that before signing a new rating
decision, they must verify the accuracy of the
entire codesheet, including previously entered
diagnostic codes (per M21-1MR III.iv.6.D.20).
RVSRs and Authorizers are asked to pay
particular attention to previous ratings involving
any Undiagnosed Illness or any medically
unexplained chronic multisymptom illness, to
ensure that all diagnostic codes have been input
correctly according to M21-1MR IV.ii.2.D.16.d-
g. When errors are identified, action must be
taken to correct the hyphenated codes.
Training & Contract Exams (213)
Skill Certification Tests
The next VSR Skills Certification test will be
given on February 10, 2010. VSRs who have
completed the VSR training curriculum, are
meeting the local trainee performance standard,
and have one year time in grade as a GS-10 are
eligible to take this test.
The next Journey-Level Rating Veteran Service
Representative (RVSR) Certification test is
scheduled for February 24, 2010. To be eligible
to take the test, RVSRs must be at the GS 12
level or above, be meeting the local performance
standard, and have been an RVSR for at least 24
months.
Further information regarding these tests will be
forthcoming from the Office of Field Operations.
3
Quality Assurance (214)
Rating Quality Call
The Monthly Rating Quality Call for January is
scheduled for January 28, 2010, at 2:00 PM
EST. The results from the IRR study will be
discussed. Please ensure that, at a minimum,
your training coordinators and/or quality
reviewers are on the call. The call-in
information is posted on the calendar page for
January 2010, and can be accessed through the
calendar link on the C&P Home Page.
Questions may be directed to the 214B mailbox
at VAVBAWAS/CO/214B.
M21-4 Update
Chapter 2, Paragraph 2.05 g. “COVERS” of
M21-4, Manpower Control and Utilization in
Adjudication, has been updated requiring
regional offices to do a periodic rescan of folders
in COVERS every seven days as a minimum.
The update is available on the C&P Intranet and
through WARMS. Questions should be
submitted to the 214A mailbox at
VAVBAWAS/CO/214A.
Fiduciary STAR Reviews
Effective with the call up list for January 2010
(work product codes completed in December
2009), the newly assigned Fiduciary STAR staff,
located in Nashville, TN, will start conducting
national quality reviews for Fiduciary cases.
All Principal Guardianship Folders (PGFs)
requested for national quality review should be
sent to the STAR Nashville office at the
following address:
3322 West End Avenue
Suite 730
Nashville, TN 37203
Newsletter
Questions can be directed to the Quality
Assurance mailbox, VAVBAWAS/CO/214B or
Christi Greenwell at 615-279-8380.
Business Management (215)
VOR Enhancements
Several enhancements were made to VOR last
week. This includes a new brokered work detail
report which allows stations receiving brokered
work to see that work in VOR. The Current
Month Operations report has also been corrected
to resolve an issue that intermittently showed
decreasing numbers of cases processed through
various cycles as the month progressed. A
revised VOR Desk Reference Guide has been
posted to the C&P Website.
http://vbaw.vba.va.gov/bl/21/Publicat/Users/doc
s/VOR.doc
Veteran Services (216)
VA Form 21-4703, Fiduciary Agreement
VA Form 21-4703, Fiduciary Agreement, has
been substantially revised. The updated form is
dated July 2009 and has just been released. The
new form requires prospective fiduciaries to
initial all applicable blocks after the Field
Examiner thoroughly explains to him or her the
responsibilities required of a fiduciary. The
updated form also requires the completion of a
Fund Usage Agreement (Page 3). The signatures
of both the Field Examiner and the prospective
fiduciary are now required.
Effective immediately, all VARO Fiduciary
Activities will use VA Form 21-4703 dated July
2009 and dispose of all previous versions of the
form. The direct link to the form is
http://vaww4.va.gov/vaforms/form_detail.asp?F
ormNo=21-4703.
4
VA Form 21-4718a, Certificate of Balance on
Deposit and Authority to Disclose Financial
Records
VA Form 21-4718a, Certificate of Balance on
Deposit and Authority to Disclose Financial
Records, has been revised. The updated form is
dated February 2009 and has just been released.
The verbiage in block 8 has been changed to
ensure the protection of the assets of the
incompetent Veteran or beneficiary. The direct
link to the form is
http://vaww4.va.gov/vaforms/form_detail.asp?F
ormNo=21-4718a.
Fiduciary Teleconference
As a reminder, the next national fiduciary
teleconference is scheduled for today, January
21, 2010, at 2:00 p.m. EST. The notice of this
teleconference was sent to the mailboxes of the
Directors,Veterans Service Center Managers
(VSCMs) and the Western Area Fiduciary Hub
Manager. Please ensure all fiduciary managers
participate in the call. Unfortunately, seventeen
VAROs with Fiduciary Activities failed to log
into the last call on November 18, 2009. It is
imperative that fiduciary managers are aware of
the information disseminated and discussed
during these calls.
VA Form 21-7288a, Daily Record of Veterans
Assistance Interviews
One of the most common action items cited for
Direct Services following site survey visits is
related to VA Form 21-7288a, Daily Record of
Veterans Assistance Interviews. The most
common action items cited are for improper use
of this form. Use of the incorrect version has
resulted in inaccurate timeliness reporting.
M21-1MR, Part II.1.2.b mandates that VA
Regional Offices maintain a daily record of
Veterans assistance interviews. Fast Letter 07-
17, Instructions for Electronic Version of VA
Newsletter
Form 21-7288a, Daily Record of Veterans
Assistance Interviews, dated July 3, 2007, directs
all VA Regional Offices to use VA Form 21-
7288a dated April 2007. An electronic version
of this form is located on the C&P Service
Intranet site, National Call Center (NCC)
Manager and Public Contact (PCT) Coaches
home page under “Personal Interview Activity”
(http://vbaw.vba.va.gov/bl/21/Direct/Coaches/pi
a.htm). The instructions for the proper
completion of this form are also found on this
site. To ensure accurate timeliness and DOOR
reporting, it is imperative that these instructions
are followed in entirety and without deviation.
Congressional Correspondence
Recent site visit survey results have revealed VA
Regional Offices are using an incorrect
processing time requirement for Congressional
correspondence (this includes letters received by
mail, facsimile requests, and electronic mail). It
is mandatory that Congressional inquiries are
acknowledged on a timely basis and the response
addresses the concerns of the constituents and
our customers. M21-1MR II.5.3.b states special
mail (which includes Congressional mail), that
cannot be fully answered within five workdays
after receipt in VA, should be acknowledged
within two workdays by sending a locally
generated letter. The interim response will
inform the inquirer that a complete reply will be
made as soon as possible. For consistency
purposes, Congressional inquiries received by
telephone must follow the requirements above.
Homeless Veterans
In an excerpt from Secretary’s Shinseki’s speech
given at the November 2009 Homeless Veteran
Summit in Washington, DC, the
Secretary stated, “Those who have served this
nation as Veterans should never find themselves
on the streets, living without care and without
hope.” There are 131,000 Veterans estimated to
5
be homeless on any given night. The Secretary
is committed to ending homelessness among
Veterans within the next five years. We find
ourselves with an enormous challenge, and we
must do our part to help reach that goal.

As part of our efforts to end homelessness

among Veterans within five
years, Regional Offices increased the number of
homeless Veterans claims received and
processed during the first quarter in FY 2010.
The following data shows the number of
homeless Veterans claims received and
processed in FY 2010 against FY 2009.

Homeless Veteran Claims

FY 2009 FY 2010
st
1 Quarter 1st Quarter
Received 1,281 2,187
Processed 1,292 1,756

In comparing the data from the first quarter of

FY 2010 to the first quarter of FY 2009, there
was a 70.7% increase in the number of homeless
Veterans claims received and a 26.4%
increase in the number of homeless Veterans
claims processed.

Although the above numbers show a very

positive trend, there is still a great deal of work
to be done. The goal to eliminate homelessness
among Veterans will only be accomplished
through targeted, meaningful outreach, expedited
claims processing, and a true commitment by
every VA employee.

As a reminder to the regional offices, please

ensure that all homeless Veterans claims are
marked with the “Homeless Flash” in
VETSNET.

Newsletter 6
 Compensation & Pension Service
Bulletin
INSIDE THIS ISSUE
Policy (211)
1 o Improper Special Adapted Housing
(SAH) grants
2 o Communication between the Board of
Veterans Appeals (BVA) and VA
Regional Offices (ROs)
o Agent Orange Exposure Among Naval
Aviation Veterans of the Vietnam Era
3 o Total Disability Ratings Based on
Individual Unemployability (TDIU)–
Methods to Submit VA Form 21-4140
Newsletter
e ruary 2011
Procedures (212)
o Veterans Benefits Pamphlets (IS-1)
must be provided to all Integrated
Disability Evaluation System (IDES)
participants
o M21-1MR Changes Released in
January 2011
o Proof of Nonpayment of the Economic
Recovery Payment (ERP)
4 o Pending End Product (EP) 290,
National Instant Criminal Background
Check System (NICS) Relief Requests
o Release of Spanish Language
Eligibility Verification Report (EVR)
Forms
Training & Contract Exams (213)
o Centralized Challenge Training Session
o Phase III (Home Station Training)
Schedule
o Weekly Home Station Evaluations
5 o National Training Curriculum (NTC)
Online Evaluations
Quality Assurance (214)
o Rating Quality Call
o Fast Letters (FLs) 08-05, Controls to
Minimize Compensation Benefit
Overpayments, and 08-09,
Prioritization and Processing of
System-Generated Messages
(Writeouts)
1

Business Management Staff (215)
6 • Compensation and Pension Records
Interchange (CAPRI) Enhancements
Coming This Month
• Veteran Online Application
(VONAPP) Portal in eBenefits.
Policy (211)
Improper Special Adapted Housing (SAH)
grants
The Loan Guarantee Service notified
Compensation and Pension (C&P) Service it has
found multiple cases where rating decisions
improperly granted SAH when the Veteran did
not appear to meet the established criteria.
Entitlement to SAH requires higher level
disability, such that there must be evidence of loss
or loss of use of an extremity(ies). The issue of
SAH should only be inferred if the Veteran meets
the eligibility requirements. Do not infer the issue
simply to deny.
As a reminder, eligibility requirements for SAH
include entitlement to compensation for
permanent and total disability due to:
• Loss, or loss of use, of both lower
extremities, such as to preclude
locomotion without the aid of braces,
crutches, canes, or a wheelchair, or
• Blindness (light perception only) in both
eyes with loss or loss of use of one lower
extremity, or
• Loss or loss of use of one lower extremity
together with residuals of organic disease
or injury which so affect the functions of
balance or propulsion as to preclude
locomotion without the aid of braces,
crutches, canes, or a wheelchair, or
• Loss or loss of use of one lower extremity
Newsletter
together with the loss or loss of use of one
upper which so affect the functions of
balance or propulsion as to preclude
locomotion without the aid of braces,
crutches, canes, or a wheelchair, or
• Loss or loss of use of both upper
extremities such as to preclude use of the
arms at or above the elbow, or
• Full thickness or subdermal burns that
have resulted in contractures with
limitation of motion of two or more
extremities or of at least one extremity and
the trunk.
(See 38 CFR § 3.809)
Communication Between the Board of
Veterans Appeals (BVA) and VA Regional
Offices (ROs)
BVA notified C&P Service it has received
multiple inquiries from field representatives
related to C&P policy and procedures, such as in
the case of Fast Letter (FL) 10-30, Substitution of
Party in Case of Claimant’s Death.
The October 2010 VSCM conference call bulletin
provided contact information for two paralegal
specialists at BVA who can assist with the
reinstatement of a terminated Veterans Appeals
Control and Locator System (VACOLS) record
for the purposes of substitution claims. Field
representatives should direct any other inquiries,
including policy and procedural questions,
through the appropriate chain of command. For
questions irresolvable at the Regional Office (RO)
level, please refer to the Frequently Asked
Questions (FAQ) intranet homepage for guidance
on submitting questions to C&P Service.
For other VACOLS issues, please refer to the
VACOLS coordinator directory.
Agent Orange Exposure Among Naval
Aviation Veterans of the Vietnam Era
During the Vietnam era, most naval aviation units
were either carrier based or operated out of
2
Western Pacific locations other than Vietnam,
such as Guam or Okinawa. However, some
squadrons were based in Vietnam itself or aircraft
elements of the squadron rotated in and out of
Vietnam for temporary duty. If a Veteran with
naval aviation service files an Agent Orange
exposure related disability claim based on service
in Vietnam, and initial development does not
provide evidence to support the required in-
country duty or visitation, further development is
required to comply with VA’s duty to assist.
Further development should include a Personnel
Information Exchange System (PIES) O18
request to the National Personnel Records Center
(NPRC) for the Veteran’s complete military
records and/or a Defense Personnel Records
Information Retrieval System (DPRIS) O43
request for unit research to the Army and Joint
Services Records Research Center (JSRRC).
An additional resource, which may support the
claim and reduce processing time, is the official
Navy website: Dictionary of American Naval
Aviation Squadrons. This website contains the
history of all attack squadrons, designated by the
prefix “VA” and all strike fighter squadrons,
designated by the prefix “VFA.” The “V”
designation is a holdover from the early days of
flight and refers to a “heavier than air vehicle.”
The histories of other aircraft types are included
but most Vietnam era Navy aircraft types are VA
or VFA. These histories describe unit locations,
including Vietnam in-country rotations. If the
Veteran’s unit history shows Vietnam in-country
rotation and the Veteran provides a lay statement
of personal in-country service, then the
presumption of exposure can be acknowledged.
This website will be added to the C&P Service
Intranet Rating Job Aids link: Vietnam Era Navy
Ship Agent Orange Exposure Development Site.
In the meantime, the site can be accessed at:
http://www.history.navy.mil/branches/dictvol1.htm.
Total Disability Ratings Based on Individual
Unemployability (TDIU) – Methods to Submit
VA Form 21-4140
Veterans who are in receipt of TDIU are sent a
Newsletter
VA Form 21-4140, Employment Questionnaire,
each year. The Veteran must fill out the form to
report any employment income for the past year
or to verify continued unemployment. The
regular certification of employment or
unemployment is to insure that Veterans who
receive TDIU continue to be eligible for the
benefit. Since the purpose of the document is for
the Veteran to certify employment or
unemployment, the Veteran’s signature is
required. As a result, the veteran may return the
completed form to VA by regular mail, fax or, if
the document is scanned, it may be attached to an
email.
Procedures (212)
Veterans Benefits Pamphlets (IS-1) must be
provided to all Integrated Disability
Evaluation System (IDES) participants
Military Service Coordinators (MSCs) are
reminded that at the time of the initial interview,
all servicemembers referred to the IDES program
must be provided with a copy of the pamphlet,
Federal Benefits for Veterans and Dependants
and Survivors (VA Pamphlet 80-10-01).
As specified in the IDES Pilot Program
Implementation Guide, MSCs must provide this
pamphlet along with his or her own business card.
Additionally, they must show the servicemember
how to use the pamphlet to locate important
websites and additional contact information for
other VA facilities. ROs must ensure that all out-
based MSCs are provided with sufficient stock of
the current (2010) pamphlet.
M21-1MR Changes Released in January 2011
Recently, C&P Service released changes to the
M21-1MR:
• The changes to M21-1MR, Part III, Supbart ii,
Chapter 4, Files and Folder Controls reflect a
variety of changes to procedures for folders,
• The changes to M21-1MR, Part VII, Chapters
3
 1, 2, and 5, reflect changes to burial benefits,
and
• The changes to M21-1MR, Part VIII, Chapter
3, Rating reflect changes to payment of
accrued benefits for the Veteran’s month of
death
For a detailed list of all the changes made to these
chapters, please refer to the Transmittal Sheet in
the “Changes by Part” or “Changes by Date” link
at the top of the MR main website.
Proof of Nonpayment of the Economic
Recovery Payment (ERP)
VA paid the one-time Economic Recovery
Payment (ERP) of $250 to nearly 2 million
beneficiaries. Receipt of the $250 ERP reduces
the Internal Revenue Service (IRS) Making Work
Pay tax credit by the total amount of the ERP.
FL 10-33, Handling Requests for Proof of Non-
Payment of the Economic Recovery Payment
(ERP), provided instructions on requests for proof
of non-payment for tax year 2009. For the
upcoming 2010 tax year, National Call Centers
(NCCs), ROs, and the Nashville RO ERP team
should update any proof of non-receipt letters to
reflect tax year 2010 and follow the instructions in
FL 10-33 for requests of proof of non-payment.
VA employees who handle inquiries regarding
non-payment should remember to:
• check all computer systems (Share
Payment History Screen, Modern Award
Processing-Development (MAP-D) notes,
Virtual VA, etc.) to ensure the status of
payment (e.g., issued, returned, or offset),
and,
• check the Share Payment History Screen
using the social security number of both
the Veteran and beneficiary.
Pending End Product (EP) 290, NICS Relief
Requests
On November 22, 2010, C&P Service released FL
10-51, Processing Requests for Relief From the
Reporting Requirements of the National Instant
Newsletter
Criminal Background Check System (NICS).
C&P Service also returned all pending NICS
relief requests in its possession to the ROs,
including centers.
The FL, and corresponding C&P Service Bulletin
of November 2010, instructed all ROs to establish
a new end product (EP) 290 with a “NICS Relief
Request” claim label and conclude all actions
within 90 days of receipt of the claims folder.
Please ensure that RO staff use a claim
establishment (CEST) date of November 22, 2010
on any NICS relief request, and complete all
actions no later than March 31, 2011.
Release of Spanish Language Eligibility
Verification Report (EVR) Forms
In January 2011, C&P Service released 10
Spanish Language Eligibility Verification Report
(EVR) forms. All EVR forms, including the
medical expense report and the letter to inform
beneficiaries that VA has not received their EVR,
are now available online at
http://vaww4.va.gov/vaforms/.
Training & Contract Exams (213)
Centralized Challenge Training Session
Veterans Service Representative (VSR)
(Combined Pre/Post) and Rating Veterans Service
Representative (RVSR) Centralized Challenge
training began on January 25, 2011 with the
trainees departing on Friday, February 18, 2011.
Approximately 237 VSR trainees and 119 RVSR
trainees attended this session. Classes are
currently being held at the VBA Training
Academy in Baltimore and the National
Conference Center in Lansdowne, Virginia. The
next session (Session 2011-3) is scheduled from
March 8 through March 31, 2011 at the VBA
Training Academy in Baltimore for VSRs and at
the National Conference Center in Lansdowne,
Virginia for RVSRs. The prerequisites for the
March session are due to the C&P Training
4
Mailbox not later than (NLT) 12:00 pm (EST)
Tuesday, March 1, 2011.
Phase III (Home Station Training) Schedule
The C&P Service Training Staff has created a
revised Phase III Home Station Training schedule.
ROs should follow this schedule once trainees
come back from Centralized Challenge training.
The Phase III schedule provides a revised 20-
week training schedule guide for Training
Managers and Training Coordinators at each
station. The new Phase III schedule was posted to
the C&P Training webpage Monday, February 14,
2011. Training Managers and Training
Coordinators should carefully review the new
guide and schedule in order to identify
recommended training as well as best practices of
this 20-week curriculum.
Weekly Home Station Evaluations
FL 09-34, Revision of Challenge Training for
Veterans Service Representatives (VSRs) and
Rating Veterans Service Representatives (RVSRs),
indicates that all stations are required to input
weekly home station evaluations on the C&P
Training website. The Weekly Home Station
evaluations track the Phase III Training conducted
at each RO after trainees return from Centralized
Challenge training. These evaluations provide the
C&P Service Training Staff with information
used to:
• identify changes needed to lessons and/or
schedules,
• track the progression of trainees after
Centralized Challenge, and
• develop best practices on implementation of
training.
The location of these evaluations online is: C&P
Training homepage> Evaluations tab (left-hand
side bar)> RVSR/VSR Challenge option> select
the option pertaining to training (RVSR, VSR
Combined, VSR Pre-Determination, or VSR Post-
Determination).
National Training Curriculum (NTC) Online
Evaluations
Newsletter
FL 11-04, C&P FY 2011 National Training
Curriculum (Formerly Core Technical Training
Requirements/CTTR) for VBA Regional Office
Personnel, identified new training curriculum
requirements. Trainers and trainees at each
station should be inputting evaluations into our
online NTC Evaluations. These evaluations
provide the C&P Service Training Staff feedback
on the mandatory courses and identify additional
courses needed by the field. The location of these
evaluations online is: C&P Training homepage>
Evaluations tab (left-hand side bar)> NTC
(Formerly CTTR) option> select RVSR
Evaluations, VSR Evaluations, or PMC VSR
Evaluations.
Quality Assurance (214)
Rating Quality Call
The Monthly Rating Quality Call for February is
scheduled for February 24, 2011, at 2:00 PM
EST. C&P Service will post the call-in
information on the Calendar Page for January
2011, which can be accessed through C&P’s
Home Page Calendar. Questions may be directed
to the Quality Assurance mailbox at
VAVBAWAS/CO/214B.
Fast Letters (FLs) 08-05, Controls to Minimize
Compensation Benefit Overpayments, and 08-
09, Prioritization and Processing of System-
Generated Messages (Writeouts)
C&P Service conducts a quarterly review of
payments identified as high-dollar to determine if
these payments were improper. The results of this
analysis indicate, in part, that ROs are not always
following the guidance outlined in FLs 08-05,
Controls to Minimize Compensation Benefit
Overpayments, and 08-09, Prioritization and
Processing System-Generated Messages (Write-
outs).
Therefore, ROs are reminded of the guidance in
FL 08-05, wherein the field is required to
5
establish an end product (EP) 690 in addition to
the control EP. ROs will establish the appropriate
control EP code in accordance with M21-4,
Appendix C or M21-1MR, Part X during the
initial review of the information. The EP 690 is
to help monitor timeliness in completing action on
pending issues with potential overpayments. This
applies to such situations as prison match, fugitive
felon match, dependency issues, etc. when due
process is necessary for potential overpayments.
If no action is necessary in these situations, then
clear the controlling EP, and do not establish an
EP 690.
ROs are also reminded of the current procedures
for monitoring writeouts per FL 08-09. VSRs
must prioritize writeouts/800 series work items
(WI) to prevent underpayments, overpayments, or
potential financial hardships. Following the
guidance provided in M21-4, Appendix C, M21-
1MR, Part X, and/or M21-1, Part V, Chapter 19,
VSRs must timely control and process these
writeouts or WI. To facilitate monitoring for
timeliness in completing action on potential
underpayments or overpayments, establish and
maintain an EP 693 in addition to any other EP
required. The EP 693 must remain pending with
any other controlling EP until all actions are
complete. If subsequent due process must be
established, clear the controlling EP, but leave the
EP 693 pending along with the EP 600 until all
actions are complete. (For additional information
on EP 693, please refer to the “800 Series Work
Items (WI)” article in the December 2010 VSCM
Bulletin.)
The FLs and manual provide additional guidance
for establishing the correct dates of claim for the
EP 690 and 693. Questions may be directed to
VAVBAWAS/CO/214A.
Business Management (215)
Compensation and Pension Records
Interchange (CAPRI) Enhancements Coming
This Month
Newsletter 6
Beta testing of the next version of CAPRI, is
currently happening in Denver, San Diego, St.
Paul, St. Petersburg, and Waco. The following
changes are included:
1. Report Builder functionality enhancement to
allow users more flexibility when selecting
reports to be added to the Report Builder.
2. Hospital Adjustment Reports can now be
saved in a format that can be downloaded and
imported into Microsoft applications such as
Excel and Access.
3. The Special Report for Pension/Aid and
Attendance (A&A) now has the date range
used in generating the report displayed in the
header.
4. New priority exam types have been added to
support the Benefits Delivery at Discharge
(BDD) and Integrated Disability Evaluation
System (IDES) programs, and the Automated
Management Information System (AMIS) 290
reports have been modified to report on them.
5. The Fee Basis Community Nursing Home
(CNH) reports are now accessible via
CAPRI’s Reports screen, which should
eliminate the need for VBA to access
Automated Medical Information Exchange
(AMIE).
6. CAPRI is more in compliance with Section
508.
7. Miscellaneous defect and user enhancement
requests have also been addressed.
Advanced Web Image Viewer (AWIV)
In the past, VBA employees had no way of
viewing documents and images stored in the VHA
VistA Imaging software without requesting hard
copies from VHA. The Advanced Web Image
Viewer will now allow VBA users to view data
from VistA Imaging via CAPRI’s VistAWeb tab.
Initial deployment of the AWIV component to
VBA is complete and all CAPRI users should
now have AWIV installed on their workstations.
However, AWIV will not allow us to view VistA
Imaging data until the next version of VistAWeb
is released. The VistAWeb Development Team
has informed C&P Service that the next version
may be available in 3-4 weeks. More information
will be released to the field as it becomes
available. Additionally, C&P Service is working
on a desk reference guide to aid CAPRI users in
understanding the new functionality that AWIV
provides.

If you have questions or require assistance, please

contact the VAVBAWAS/CO/215/CAPRI e-mail
box.

Veteran Online Application (VONAPP) Portal

in eBenefits.

Sunday, January 30, 2011, marked the launch of a

new VONAPP portal within eBenefits. Users can
establish an eBenefits account if they are
registered in the Defense Enrollment Eligibility
Reporting System (DEERS). If users are not
registered, they can still access VONAPP directly
through the portal. However, establishing an
eBenefits account allows VONAPP users to
access the application through the portal without
having to log into VONAPP separately. A new
graphical user interface within VONAPP
heightens the VONAPP user’s experience with a
new look and feel.

A Big “Thank You” to

Our Founding Fathers!
Happy Presidents’ Day!

Newsletter 7


 Compensation & Pension Service
Bulletin
INSIDE THIS ISSUE
Policy (211)
1 o Improper Special Adapted Housing
(SAH) grants
2 o Communication between the Board of
Veterans Appeals (BVA) and VA
Regional Offices (ROs)
o Agent Orange Exposure Among Naval
Aviation Veterans of the Vietnam Era
3 o Total Disability Ratings Based on
Individual Unemployability (TDIU)–
Methods to Submit VA Form 21-4140
Newsletter
e ruary 2011
Procedures (212)
o Veterans Benefits Pamphlets (IS-1)
must be provided to all Integrated
Disability Evaluation System (IDES)
participants
o M21-1MR Changes Released in
January 2011
o Proof of Nonpayment of the Economic
Recovery Payment (ERP)
4 o Pending End Product (EP) 290,
National Instant Criminal Background
Check System (NICS) Relief Requests
o Release of Spanish Language
Eligibility Verification Report (EVR)
Forms
Training & Contract Exams (213)
o Centralized Challenge Training Session
o Phase III (Home Station Training)
Schedule
o Weekly Home Station Evaluations
5 o National Training Curriculum (NTC)
Online Evaluations
Quality Assurance (214)
o Rating Quality Call
o Fast Letters (FLs) 08-05, Controls to
Minimize Compensation Benefit
Overpayments, and 08-09,
Prioritization and Processing of
System-Generated Messages
(Writeouts)
1

Business Management Staff (215)
6 • Compensation and Pension Records
Interchange (CAPRI) Enhancements
Coming This Month
• Veteran Online Application
(VONAPP) Portal in eBenefits.
Policy (211)
Improper Special Adapted Housing (SAH)
grants
The Loan Guarantee Service notified
Compensation and Pension (C&P) Service it has
found multiple cases where rating decisions
improperly granted SAH when the Veteran did
not appear to meet the established criteria.
Entitlement to SAH requires higher level
disability, such that there must be evidence of loss
or loss of use of an extremity(ies). The issue of
SAH should only be inferred if the Veteran meets
the eligibility requirements. Do not infer the issue
simply to deny.
As a reminder, eligibility requirements for SAH
include entitlement to compensation for
permanent and total disability due to:
• Loss, or loss of use, of both lower
extremities, such as to preclude
locomotion without the aid of braces,
crutches, canes, or a wheelchair, or
• Blindness (light perception only) in both
eyes with loss or loss of use of one lower
extremity, or
• Loss or loss of use of one lower extremity
together with residuals of organic disease
or injury which so affect the functions of
balance or propulsion as to preclude
locomotion without the aid of braces,
crutches, canes, or a wheelchair, or
• Loss or loss of use of one lower extremity
Newsletter
together with the loss or loss of use of one
upper which so affect the functions of
balance or propulsion as to preclude
locomotion without the aid of braces,
crutches, canes, or a wheelchair, or
• Loss or loss of use of both upper
extremities such as to preclude use of the
arms at or above the elbow, or
• Full thickness or subdermal burns that
have resulted in contractures with
limitation of motion of two or more
extremities or of at least one extremity and
the trunk.
(See 38 CFR § 3.809)
Communication Between the Board of
Veterans Appeals (BVA) and VA Regional
Offices (ROs)
BVA notified C&P Service it has received
multiple inquiries from field representatives
related to C&P policy and procedures, such as in
the case of Fast Letter (FL) 10-30, Substitution of
Party in Case of Claimant’s Death.
The October 2010 VSCM conference call bulletin
provided contact information for two paralegal
specialists at BVA who can assist with the
reinstatement of a terminated Veterans Appeals
Control and Locator System (VACOLS) record
for the purposes of substitution claims. Field
representatives should direct any other inquiries,
including policy and procedural questions,
through the appropriate chain of command. For
questions irresolvable at the Regional Office (RO)
level, please refer to the Frequently Asked
Questions (FAQ) intranet homepage for guidance
on submitting questions to C&P Service.
For other VACOLS issues, please refer to the
VACOLS coordinator directory.
Agent Orange Exposure Among Naval
Aviation Veterans of the Vietnam Era
During the Vietnam era, most naval aviation units
were either carrier based or operated out of
2
Western Pacific locations other than Vietnam,
such as Guam or Okinawa. However, some
squadrons were based in Vietnam itself or aircraft
elements of the squadron rotated in and out of
Vietnam for temporary duty. If a Veteran with
naval aviation service files an Agent Orange
exposure related disability claim based on service
in Vietnam, and initial development does not
provide evidence to support the required in-
country duty or visitation, further development is
required to comply with VA’s duty to assist.
Further development should include a Personnel
Information Exchange System (PIES) O18
request to the National Personnel Records Center
(NPRC) for the Veteran’s complete military
records and/or a Defense Personnel Records
Information Retrieval System (DPRIS) O43
request for unit research to the Army and Joint
Services Records Research Center (JSRRC).
An additional resource, which may support the
claim and reduce processing time, is the official
Navy website: Dictionary of American Naval
Aviation Squadrons. This website contains the
history of all attack squadrons, designated by the
prefix “VA” and all strike fighter squadrons,
designated by the prefix “VFA.” The “V”
designation is a holdover from the early days of
flight and refers to a “heavier than air vehicle.”
The histories of other aircraft types are included
but most Vietnam era Navy aircraft types are VA
or VFA. These histories describe unit locations,
including Vietnam in-country rotations. If the
Veteran’s unit history shows Vietnam in-country
rotation and the Veteran provides a lay statement
of personal in-country service, then the
presumption of exposure can be acknowledged.
This website will be added to the C&P Service
Intranet Rating Job Aids link: Vietnam Era Navy
Ship Agent Orange Exposure Development Site.
In the meantime, the site can be accessed at:
http://www.history.navy.mil/branches/dictvol1.htm.
Total Disability Ratings Based on Individual
Unemployability (TDIU) – Methods to Submit
VA Form 21-4140
Veterans who are in receipt of TDIU are sent a
Newsletter
VA Form 21-4140, Employment Questionnaire,
each year. The Veteran must fill out the form to
report any employment income for the past year
or to verify continued unemployment. The
regular certification of employment or
unemployment is to insure that Veterans who
receive TDIU continue to be eligible for the
benefit. Since the purpose of the document is for
the Veteran to certify employment or
unemployment, the Veteran’s signature is
required. As a result, the veteran may return the
completed form to VA by regular mail, fax or, if
the document is scanned, it may be attached to an
email.
Procedures (212)
Veterans Benefits Pamphlets (IS-1) must be
provided to all Integrated Disability
Evaluation System (IDES) participants
Military Service Coordinators (MSCs) are
reminded that at the time of the initial interview,
all servicemembers referred to the IDES program
must be provided with a copy of the pamphlet,
Federal Benefits for Veterans and Dependants
and Survivors (VA Pamphlet 80-10-01).
As specified in the IDES Pilot Program
Implementation Guide, MSCs must provide this
pamphlet along with his or her own business card.
Additionally, they must show the servicemember
how to use the pamphlet to locate important
websites and additional contact information for
other VA facilities. ROs must ensure that all out-
based MSCs are provided with sufficient stock of
the current (2010) pamphlet.
M21-1MR Changes Released in January 2011
Recently, C&P Service released changes to the
M21-1MR:
• The changes to M21-1MR, Part III, Supbart ii,
Chapter 4, Files and Folder Controls reflect a
variety of changes to procedures for folders,
• The changes to M21-1MR, Part VII, Chapters
3
 1, 2, and 5, reflect changes to burial benefits,
and
• The changes to M21-1MR, Part VIII, Chapter
3, Rating reflect changes to payment of
accrued benefits for the Veteran’s month of
death
For a detailed list of all the changes made to these
chapters, please refer to the Transmittal Sheet in
the “Changes by Part” or “Changes by Date” link
at the top of the MR main website.
Proof of Nonpayment of the Economic
Recovery Payment (ERP)
VA paid the one-time Economic Recovery
Payment (ERP) of $250 to nearly 2 million
beneficiaries. Receipt of the $250 ERP reduces
the Internal Revenue Service (IRS) Making Work
Pay tax credit by the total amount of the ERP.
FL 10-33, Handling Requests for Proof of Non-
Payment of the Economic Recovery Payment
(ERP), provided instructions on requests for proof
of non-payment for tax year 2009. For the
upcoming 2010 tax year, National Call Centers
(NCCs), ROs, and the Nashville RO ERP team
should update any proof of non-receipt letters to
reflect tax year 2010 and follow the instructions in
FL 10-33 for requests of proof of non-payment.
VA employees who handle inquiries regarding
non-payment should remember to:
• check all computer systems (Share
Payment History Screen, Modern Award
Processing-Development (MAP-D) notes,
Virtual VA, etc.) to ensure the status of
payment (e.g., issued, returned, or offset),
and,
• check the Share Payment History Screen
using the social security number of both
the Veteran and beneficiary.
Pending End Product (EP) 290, NICS Relief
Requests
On November 22, 2010, C&P Service released FL
10-51, Processing Requests for Relief From the
Reporting Requirements of the National Instant
Newsletter
Criminal Background Check System (NICS).
C&P Service also returned all pending NICS
relief requests in its possession to the ROs,
including centers.
The FL, and corresponding C&P Service Bulletin
of November 2010, instructed all ROs to establish
a new end product (EP) 290 with a “NICS Relief
Request” claim label and conclude all actions
within 90 days of receipt of the claims folder.
Please ensure that RO staff use a claim
establishment (CEST) date of November 22, 2010
on any NICS relief request, and complete all
actions no later than March 31, 2011.
Release of Spanish Language Eligibility
Verification Report (EVR) Forms
In January 2011, C&P Service released 10
Spanish Language Eligibility Verification Report
(EVR) forms. All EVR forms, including the
medical expense report and the letter to inform
beneficiaries that VA has not received their EVR,
are now available online at
http://vaww4.va.gov/vaforms/.
Training & Contract Exams (213)
Centralized Challenge Training Session
Veterans Service Representative (VSR)
(Combined Pre/Post) and Rating Veterans Service
Representative (RVSR) Centralized Challenge
training began on January 25, 2011 with the
trainees departing on Friday, February 18, 2011.
Approximately 237 VSR trainees and 119 RVSR
trainees attended this session. Classes are
currently being held at the VBA Training
Academy in Baltimore and the National
Conference Center in Lansdowne, Virginia. The
next session (Session 2011-3) is scheduled from
March 8 through March 31, 2011 at the VBA
Training Academy in Baltimore for VSRs and at
the National Conference Center in Lansdowne,
Virginia for RVSRs. The prerequisites for the
March session are due to the C&P Training
4
Mailbox not later than (NLT) 12:00 pm (EST)
Tuesday, March 1, 2011.
Phase III (Home Station Training) Schedule
The C&P Service Training Staff has created a
revised Phase III Home Station Training schedule.
ROs should follow this schedule once trainees
come back from Centralized Challenge training.
The Phase III schedule provides a revised 20-
week training schedule guide for Training
Managers and Training Coordinators at each
station. The new Phase III schedule was posted to
the C&P Training webpage Monday, February 14,
2011. Training Managers and Training
Coordinators should carefully review the new
guide and schedule in order to identify
recommended training as well as best practices of
this 20-week curriculum.
Weekly Home Station Evaluations
FL 09-34, Revision of Challenge Training for
Veterans Service Representatives (VSRs) and
Rating Veterans Service Representatives (RVSRs),
indicates that all stations are required to input
weekly home station evaluations on the C&P
Training website. The Weekly Home Station
evaluations track the Phase III Training conducted
at each RO after trainees return from Centralized
Challenge training. These evaluations provide the
C&P Service Training Staff with information
used to:
• identify changes needed to lessons and/or
schedules,
• track the progression of trainees after
Centralized Challenge, and
• develop best practices on implementation of
training.
The location of these evaluations online is: C&P
Training homepage> Evaluations tab (left-hand
side bar)> RVSR/VSR Challenge option> select
the option pertaining to training (RVSR, VSR
Combined, VSR Pre-Determination, or VSR Post-
Determination).
National Training Curriculum (NTC) Online
Evaluations
Newsletter
FL 11-04, C&P FY 2011 National Training
Curriculum (Formerly Core Technical Training
Requirements/CTTR) for VBA Regional Office
Personnel, identified new training curriculum
requirements. Trainers and trainees at each
station should be inputting evaluations into our
online NTC Evaluations. These evaluations
provide the C&P Service Training Staff feedback
on the mandatory courses and identify additional
courses needed by the field. The location of these
evaluations online is: C&P Training homepage>
Evaluations tab (left-hand side bar)> NTC
(Formerly CTTR) option> select RVSR
Evaluations, VSR Evaluations, or PMC VSR
Evaluations.
Quality Assurance (214)
Rating Quality Call
The Monthly Rating Quality Call for February is
scheduled for February 24, 2011, at 2:00 PM
EST. C&P Service will post the call-in
information on the Calendar Page for January
2011, which can be accessed through C&P’s
Home Page Calendar. Questions may be directed
to the Quality Assurance mailbox at
VAVBAWAS/CO/214B.
Fast Letters (FLs) 08-05, Controls to Minimize
Compensation Benefit Overpayments, and 08-
09, Prioritization and Processing of System-
Generated Messages (Writeouts)
C&P Service conducts a quarterly review of
payments identified as high-dollar to determine if
these payments were improper. The results of this
analysis indicate, in part, that ROs are not always
following the guidance outlined in FLs 08-05,
Controls to Minimize Compensation Benefit
Overpayments, and 08-09, Prioritization and
Processing System-Generated Messages (Write-
outs).
Therefore, ROs are reminded of the guidance in
FL 08-05, wherein the field is required to
5
establish an end product (EP) 690 in addition to
the control EP. ROs will establish the appropriate
control EP code in accordance with M21-4,
Appendix C or M21-1MR, Part X during the
initial review of the information. The EP 690 is
to help monitor timeliness in completing action on
pending issues with potential overpayments. This
applies to such situations as prison match, fugitive
felon match, dependency issues, etc. when due
process is necessary for potential overpayments.
If no action is necessary in these situations, then
clear the controlling EP, and do not establish an
EP 690.
ROs are also reminded of the current procedures
for monitoring writeouts per FL 08-09. VSRs
must prioritize writeouts/800 series work items
(WI) to prevent underpayments, overpayments, or
potential financial hardships. Following the
guidance provided in M21-4, Appendix C, M21-
1MR, Part X, and/or M21-1, Part V, Chapter 19,
VSRs must timely control and process these
writeouts or WI. To facilitate monitoring for
timeliness in completing action on potential
underpayments or overpayments, establish and
maintain an EP 693 in addition to any other EP
required. The EP 693 must remain pending with
any other controlling EP until all actions are
complete. If subsequent due process must be
established, clear the controlling EP, but leave the
EP 693 pending along with the EP 600 until all
actions are complete. (For additional information
on EP 693, please refer to the “800 Series Work
Items (WI)” article in the December 2010 VSCM
Bulletin.)
The FLs and manual provide additional guidance
for establishing the correct dates of claim for the
EP 690 and 693. Questions may be directed to
VAVBAWAS/CO/214A.
Business Management (215)
Compensation and Pension Records
Interchange (CAPRI) Enhancements Coming
This Month
Newsletter 6
Beta testing of the next version of CAPRI, is
currently happening in Denver, San Diego, St.
Paul, St. Petersburg, and Waco. The following
changes are included:
1. Report Builder functionality enhancement to
allow users more flexibility when selecting
reports to be added to the Report Builder.
2. Hospital Adjustment Reports can now be
saved in a format that can be downloaded and
imported into Microsoft applications such as
Excel and Access.
3. The Special Report for Pension/Aid and
Attendance (A&A) now has the date range
used in generating the report displayed in the
header.
4. New priority exam types have been added to
support the Benefits Delivery at Discharge
(BDD) and Integrated Disability Evaluation
System (IDES) programs, and the Automated
Management Information System (AMIS) 290
reports have been modified to report on them.
5. The Fee Basis Community Nursing Home
(CNH) reports are now accessible via
CAPRI’s Reports screen, which should
eliminate the need for VBA to access
Automated Medical Information Exchange
(AMIE).
6. CAPRI is more in compliance with Section
508.
7. Miscellaneous defect and user enhancement
requests have also been addressed.
Advanced Web Image Viewer (AWIV)
In the past, VBA employees had no way of
viewing documents and images stored in the VHA
VistA Imaging software without requesting hard
copies from VHA. The Advanced Web Image
Viewer will now allow VBA users to view data
from VistA Imaging via CAPRI’s VistAWeb tab.
Initial deployment of the AWIV component to
VBA is complete and all CAPRI users should
now have AWIV installed on their workstations.
However, AWIV will not allow us to view VistA
Imaging data until the next version of VistAWeb
is released. The VistAWeb Development Team
has informed C&P Service that the next version
may be available in 3-4 weeks. More information
will be released to the field as it becomes
available. Additionally, C&P Service is working
on a desk reference guide to aid CAPRI users in
understanding the new functionality that AWIV
provides.

If you have questions or require assistance, please

contact the VAVBAWAS/CO/215/CAPRI e-mail
box.

Veteran Online Application (VONAPP) Portal

in eBenefits.

Sunday, January 30, 2011, marked the launch of a

new VONAPP portal within eBenefits. Users can
establish an eBenefits account if they are
registered in the Defense Enrollment Eligibility
Reporting System (DEERS). If users are not
registered, they can still access VONAPP directly
through the portal. However, establishing an
eBenefits account allows VONAPP users to
access the application through the portal without
having to log into VONAPP separately. A new
graphical user interface within VONAPP
heightens the VONAPP user’s experience with a
new look and feel.

A Big “Thank You” to

Our Founding Fathers!
Happy Presidents’ Day!

Newsletter 7


Further Information on VA Form 21-4140,
Employment Questionnaire
In the February 2010 edition of the Compensation
and Pension (C&P) Service Bulletin, it was
explained that Veterans in receipt of total
disability based on individual unemployability
(TDIU) must complete and sign a yearly VA
Form 21-4140, Employment Questionnaire, and
return it to the regional office (RO) as a means to
certify continued unemployment. This may be
done by regular mail, fax, or a scanned document
attached to an email. We have received questions
as to whether RO personnel may telephone the
Veteran when the deadline for submission has
past and request that the Veteran send the 21-4140
by one of these means. The answer is “yes.” If
the Veteran has neglected to return the form, it is
faster and easier to call the Veteran and request it,
than to initiate proceedings to terminate TDIU
only to reinstate TDIU after the Veteran complies.
This phone communication is an excellent means
to expedite receipt of the 21-4140 by one of the
methods described above. Please remember that
the call itself, even with a statement of
unemployment from the Veteran, is not a
substitute for receipt of the actual form with the
Veteran’s signature.
Procedures (212)
Fast Letter (FL) 11-07, Disposal of Income
Verification Match (IVM) Worksheets
On March 1, 2011, Fast Letter (FL) 11-07,
Disposal of Income Verification Match (IVM)
Worksheets was released to the field. The letter
provided new guidelines for the retention of IVM
worksheets. Under these guidelines field
personnel may:
• immediately destroy all IVM worksheets that
require no action, and
• destroy all IVM worksheets one month after
the expiration of the one-year period for
submitting a notice of disagreement (NOD).
Newsletter 2
Combat-Related Special Compensation
(CRSC) Paragraph for Veterans Granted
Service Connection for Disabilities Secondary
to Agent Orange Exposure
In most cases, Veterans entitled to military retired
pay who have service connected disabilities
secondary to Agent Orange exposure will be
eligible for CRSC for those disabilities.
However, only the service CRSC board can make
that determination. Therefore, when granting
Veterans service connection for disabilities
secondary to Agent Orange exposure, notify him
or her of potential eligibility to CRSC and where
to apply. Accordingly, C&P Service has
developed a paragraph for such notification (see
attachment to this bulletin). Until we update
Personal Computer Generated Letters (PCGL) to
include the paragraph, please insert the paragraph,
along with the appropriate branch of service
contact information table, when notifying
Veterans of a grant of service connection for
disabilities secondary to Agent Orange exposure.
Fast Letter (FL) 11-05, Specially Adapted
Housing and Special Home Adaptation Claims
On February 17, 2011, C&P Service released FL
11-05, Specially Adapted Housing and Special
Home Adaptation (SAH/SHA) Claims. Regional
Loan Centers (RLCs) currently use a computer
program, SAHSHA, to track and process
applications for SAH/SHA. This FL provides
amended procedures for ROs for how to handle
those claims.
Training & Contract Exams (213)
New Lessons Added to National Training
Curriculum (NTC) Plan
The C&P Service Training Staff has developed
two new lessons to accompany the NTC plan for
Journey level Rating Veterans Service
Representative (RVSR): Military Sexual Trauma
(Learning Management System (LMS) #
1371104) and Permanent & Total Ratings
(LMS # 1370862). These two lessons are
currently posted on the C&P Training Website
under the “Mandated Journey Level” tab within
the RVSR Training Curriculum. In response to an
Office of Inspector General (OIG)
recommendation, the C&P Training Staff created
an RVSR Inferred Issues lesson as well. The
lesson is now required for both Intermediate and
Journey level RVSRs. This lesson is posted on
the C&P Training Website under the “Mandated
Intermediate Level” and the “Mandated Journey
Level” tabs within the RVSR Training
Curriculum as well.
Paperless Veterans Service Representative
(VSR) Dependency and Indemnity
Compensation (DIC) Training Performance
Support System (TPSS) Module
The VSR DIC TPSS Module will be deployed as
a paperless training program during the week of
March 28, 2011. All Training Managers and
Training Coordinators will be provided with a
video training course and an electronic Quick
Reference Guide to the new Paperless VSR DIC
TPSS Module. In addition, the Training
Manager/Training Coordinator’s Conference Call
on Thursday, March 17, 2011 will host a Q&A
session with General Dynamics, the contractor
creating the paperless modules.
Centralized Challenge Training Session
(2011-4)
VSR (Combined Pre/Post) and RVSR Centralized
Challenge training began on Tuesday, March 8,
2011 and will conclude on Thursday, March 31,
2011. Approximately 161 VSR trainees and 110
RVSR trainees are attending this session. Classes
are currently being held at the VBA Training
Academy in Baltimore and the National
Conference Center in Lansdowne, Virginia.
Newsletter 3
Quality Assurance (214)
Rating Quality Call
The Monthly Rating Quality Call for March is
scheduled for March 24, 2011, at 2:00 PM EDT.
C&P Service will post the call-in information on
the Calendar Page for March 2011, which can be
accessed through C&P’s Home Page Calendar.
Questions may be directed to the Quality
Assurance mailbox at VAVBAWAS/CO/214B.
Time Limit to Submit Requests for
Reconsideration
Formal requests for Systematic Technical
Accuracy Review (STAR) benefit entitlement
reconsiderations and informal requests for review
of non-benefit entitlement error calls must be
submitted by the station to the Quality Assurance
office within 30 days.
• The 30-day period for paper folders begins the
date the file is received in Control of Veterans
Records System (COVERS) by the station or
the date the file was received on station
according to the United Parcel Service (UPS)
shipping manifest, whichever is earlier.
• The 30-day period for paperless claims begins
from the date the station is notified by email
that the quality reviews have been completed.
• The 30-day period for fiduciary begins either
the date the estate action record indicates
receipt of the Principal Guardianship Folder
(PGF), or other evidence that the PGF was
received, such as a date stamp.
Exceptions to the 30-day period may be requested
by contacting the STAR Staff at
VAVBAWAS/CO/214B.
Business Management (215)
Advanced Web Image Viewer (AWIV)
The February 2011 issue of the C&P Service
Bulletin included information about
Compensation and Pension Records Interchange
(CAPRI) and AWIV. In the past, VBA
employees had no way of viewing documents and
Veteran Services (216)
images stored in the Veterans Health
Administration (VHA) VistA Imaging software
Fast Letter (FL) 09-26 Revised Fiduciary
without requesting hard copies from VHA. We
Accounting Requirements (revised)
are happy to report that AWIV is now operational,
thus allowing VBA users to view data from VistA
On March 1, 2011, FL 09-26, Revised Fiduciary
Imaging via CAPRI’s VistAWeb tab.
Accounting Requirements was revised to amend
the initial FL dated June 5, 2009. The initial
Before the viewer can be used, users must
iteration of FL 09-26 stated “the only acceptable
complete a one-time installation by going to the
account verifications are original financial
Start menu
VBAPPS
CAPRIRemote

institution statements or statements printed by
Vista_AWIV
AWIV_Installer.
financial institutions with their seal or stamp.” FL
09-26, as revised on March 1, 2011, amended the
For assistance with the installation, please contact
requirement to allow original or photocopied
your local IRM support personnel or
financial institution documents as well as
VAVBAWAS/CO/215/CAPRI.
statements printed from the financial institution’s
website. Copies or printed documents are only
For more information on how to use AWIV, see
acceptable provided there are no signs of
the desk reference on the CAPRI/AMIE page.
alteration. If questions arise regarding the validity
of the documents, the station must take action to
If you have questions or require assistance, please
secure the original documents.
contact the VAVBAWAS/CO/215/CAPRI e-mail
box.
Additionally, the original version of the FL stated
that all surety bonds in effect had to be verified
Disability Benefit Questionnaires (DBQ)
prior to approving an accounting. This revision
Switchboard Intranet Site
removes the requirement to verify surety bonds
for court appointed fiduciaries. Only federal
A link to the new Disability Benefit
fiduciary surety bonds must be verified prior to
Questionnaires (DBQ) Switchboard Intranet site
approving an accounting.
has been published on the C&P Intranet. This
new site is designed to be a one-stop resource for
VBA employees working with DBQs. The site Benefits Assistance Service (BAS)
contains links to additional DBQs resources such
as the VHA DEMO DBQ site. To access the site Expedited Processing for Claimant’s
from the C&P Intranet homepage, click "VHA Experiencing Extreme Financial Hardship
Examination Process” (under "Quality Assurance
(214)"), then click "Disability Benefit M21-1 Manual Rewrite (MR), Part III, Subpart ii,
Questionnaires Switchboard". Section B, Chapter 7, Topic a, General Claims
Processing, outlines the groups of claimants who
For issues related to this or any C&P Intranet require priority processing of their claims. One
page, please contact VAVBAWAS/CO/21WEB. such group of claimants is individuals
experiencing extreme financial hardship.

BAS has provided guidance for Public Contact

Representatives (PCRs) on handling calls and
IRIS inquiries when extreme financial hardship is

Newsletter 4
 Combat Related Special Compensation (CRSC) Paragraph for Veterans Granted
Service Connection for Disabilities Secondary to Agent Orange Exposure

When a Veteran entitled to military retired pay is granted service connection for a
disability secondary to Agent Orange exposure, insert the paragraph below, along with
the appropriate branch of service contact information table, immediately following the
normal retired pay paragraph.

Combat-Related Special Compensation

You may be entitled to Combat-Related Special Compensation (CRSC) for your service-
connected <insert new Agent Orange disability(ies) here>. CRSC provides monthly
payments to eligible retired Veterans with combat-related disability(ies), and is a benefit
administered by the Department of Defense. Please note that entitlement to CRSC is not
automatic. Accordingly, to receive CRSC for your service connected < insert new Agent
Orange disability(ies) here>, you must specifically apply for CRSC for that disability,
even if you have already been awarded CRSC for disabilities previously service
connected by VA. For information on applying for CRSC, contact your branch of service
as shown below.

<Insert appropriate branch of service contact information table here>

Newsletter 6
 Compensation & Pension Service
Bulletin
INSIDE THIS ISSUE
Front Office (21)
1 o Service Center Managers Conference
Policy (211)
2 o Routine Future Exams in Schedular
Temporary Total Evaluations
o New Procedures for Claims Based on
Herbicide Exposure in Thailand and
Korea
Procedures (212)
4 o M21-1Manual Rewrite (MR) Updates
o Handling and Storage Requirements for
the DoD STR Folder
5 o Fast Letter (FL) 10-16, Fully
Developed Claim Program
Training and Contract Exams (213)
o Skills Certification
6 o Training Performance Support System
(TPSS) Module 6 – Burials
o Electronic Performance Support
System (EPSS) – Combat Related
Disability Payments (CRDP)/Combat
Related Special Compensation (CRSC)
Quality Assurance (214)
o End Product (EP) Transaction Reports
7 o Site Visit Common Findings Report
Newsletter
May 2010
o EP 600 Date of Claim (DOC) Issue
o Folder Maintenance and Repair
Business Management Staff (215)
o C&P Calendar Update
o Homeless Flash
8 o Compensation and Pension Record
Interchange (CAPRI) Upgrade
Veterans Services (216)
o Fast Letter 10-12, Revised Fiduciary
Program Policies and Procedures
9 o National Fiduciary Managers Training
Conference
Front Office (21)
Service Center Managers Conference
The Service Center Managers Conference will
take place June 27, 2010 to July 2, 2010 in
Orlando, Florida. The conference will focus on
quality, training, new processes and updates, and
campaign plan initiatives from the recent
Director's Workshop. An invitation letter and
travel packet will be provided in the near future.
This message is being sent for planning purposes,
while final coordination is conducted with
facilities in Orlando. Should you have any
questions or require additional information, please
contact Jim Adams (202) 461-9659, the
Compensation and Pension (C&P) point of
contact. We look forward to meeting with you at
1
the conference.
Policy (211)
Routine Future Exams in Schedular
Temporary Total Evaluations
There has been ongoing confusion in the field
regarding the need to schedule routine future
examinations when a schedular temporary total
evaluation is assigned following a medical event
or procedure. It is clear by the content of the
rating schedule that some schedular temporary
total evaluations are to be assigned for an open-
ended period, and others are for a specified,
closed-end period. An example of an open-ended
period is found under diagnostic code 7528,
Malignant neoplasms of the genitourinary system.
A 100 percent evaluation is assigned, and six
months after the cessation of surgical, X-ray,
antineoplastic chemotherapy or other therapeutic
procedure, a mandatory VA exam is conducted.
Subsequent evaluations will be based on the
residual disability found on exam. Any change in
the evaluation based on that exam or subsequent
exams shall be subject to the due process
requirements of 38 CFR §3.105(e).
In contrast, a schedular temporary total evaluation
with a closed-end period is found under
diagnostic code 5055, Knee replacement
(prosthesis). The rating schedule directs that,
following hospital discharge, a one month total
rating be assigned based on 38 CFR §4.30. This
is followed by assignment of a temporary total
evaluation for a period of one year following
implantation of the prosthetic joint. After the
expiration of the one year, generally, the
minimum schedular evaluation is assigned.
In the first example of prostate cancer, there is no
question that the plain language of the rating
schedule requires a future examination.
Therefore, the future examination will be
scheduled by the rating decision. In the second
example of a knee replacement, there is no such
direction or guidance. In keeping with VA’s
Newsletter
current emphasis on simplifying the claims
process and reducing the number of unnecessary
examinations, new guidance is being issued.
Effective immediately, in cases where the rating
schedule provides for a closed-end temporary
total evaluation, the rating establishing the total
evaluation will prospectively assign the minimum
schedular evaluation effective the day following
expiration of the prescribed total period. No
future examination will be scheduled prior to
the expiration of the temporary total period.
The decision notice letter will inform the veteran
of the duration of the temporary total period and
the effective date of reduced schedular minimum
evaluation.
The exception to this guidance is when the
evaluation prior to the temporary total period
exceeds the minimum schedular evaluation, and
that evaluation is protected under 38 CFR
3.951(b). In such cases, no future examination
will be scheduled, and the higher protected
evaluation will be assigned the day following
expiration of the temporary total period.
The M21-1MR will be revised to reflect this
guidance.
New Procedures for Claims Based on
Herbicide Exposure in Thailand and Korea
Effective immediately, when regional offices
(ROs) receive disability claims based on exposure
to tactical herbicides, such as Agent Orange, from
Veterans who served in Thailand or Korea during
the Vietnam era, there is no longer a requirement
to send an inquiry to the C&P Service Agent
Orange Mailbox. Development inquiries can be
sent directly to the Army and Joint Services
Records Research Center (JSRRC) when the
available evidence does not indicate tactical
herbicide exposure. This will reduce processing
time and provide better service to Veterans.
Herbicide related claims from Veterans with
Thailand service
2
After reviewing documents related to herbicide
use in Vietnam and Thailand, C&P Service has
determined that there was significant use of
herbicides on the fenced in perimeters of military
bases in Thailand intended to eliminate vegetation
and ground cover for base security purposes.
Evidence of this can be found in a declassified
Vietnam era Department of Defense (DoD)
document titled Project CHECO Southeast Asia
Report: Base Defense in Thailand. Therefore,
when herbicide related claims from Veterans with
Thailand service are received, RO personnel
should now evaluate the treatment and personnel
records to determine whether the Veteran’s
service activities involved duty on or near the
perimeter of the military base where the Veteran
was stationed.
DoD has provided information that commercial
herbicides, rather than tactical herbicides, were
used within the confines of Thailand bases to
control weeds. These commercial herbicides have
been, and continue to be, used on all military
bases worldwide. They do not fall under the VA
regulations governing exposure to tactical
herbicides such as Agent Orange. However, there
is some evidence that the herbicides used on the
Thailand base perimeters may have been either
tactical, procured from Vietnam, or a commercial
variant of much greater strength and with
characteristics of tactical herbicides. Therefore,
C&P Service has determined that a special
consideration of herbicide exposure on a facts
found or direct basis should be extended to those
Veterans whose duties placed them on or near the
perimeters of Thailand military bases. This
allows for presumptive service connection of the
diseases associated with herbicide exposure.
The majority of troops in Thailand during the
Vietnam era were stationed at the Royal Thai Air
Force Bases of U-Tapao, Ubon, Nakhon Phanom,
Udorn, Takhli, Korat, and Don Muang. If a US
Air Force Veteran served on one of these air bases
as a security policeman, security patrol dog
handler, member of a security police squadron, or
otherwise served near the air base perimeter, as
shown by MOS (military occupational specialty),
Newsletter
performance evaluations, or other credible
evidence, then herbicide exposure should be
acknowledged on a facts found or direct basis.
However, this applies only during the Vietnam
era, from February 28, 1961 to May 7, 1975.
Along with air bases, there were some small
Army installations established in Thailand during
this period, which may also have used perimeter
herbicides in the same manner as the air bases.
Therefore, if a US Army Veteran claims a
disability based on herbicide exposure and the
Veteran was a member of a military police (MP)
unit or was assigned an MP MOS and states that
his duty placed him at or near the base perimeter,
then herbicide exposure on a facts found or direct
basis should be acknowledged for this Veteran.
The difference in approach for US Army Veterans
is based on the fact that some MPs had criminal
investigation duties rather than base security
duties. Therefore, the Veteran’s lay statement is
required to establish security duty on the base
perimeter. This also applies to US Army
personnel who served on air bases in Thailand.
During the early years of the war in Vietnam,
before Air Force security units were fully
established on air bases in Thailand, US Army
personnel may have provided perimeter security.
In such cases, if the Veteran provides a lay
statement that he was involved with perimeter
security duty and there is additional credible
evidence supporting this statement, then herbicide
exposure on a facts found or direct basis can be
acknowledged for this Veteran.
Evaluation and adjudication of the cases described
above can now be conducted by RO personnel
without input from the C&P Service Agent
Orange Mailbox. These instructions replace those
provided in the August 2009 C&P service
Bulletin. In summary, no herbicide related claim
from a Thailand Veteran should be sent to the
C&P Service Agent Orange Mailbox. If evidence
shows that the Veteran performed duties along the
military base perimeter, ROs should acknowledge
herbicide exposure on a facts found or direct
basis. If the available evidence does not show
3
service along the base perimeter and does not
otherwise indicate exposure to tactical herbicides,
place the memorandum for the record from M21-
1MR IV.ii.2.C.10.q in the claims file and send a
request for information to JSRRC.
Herbicide related claims from Veterans with
Korean service
Currently, tactical herbicide exposure can be
presumed for Veterans who served in specific US
Army units that operated along the Korean
demilitarized zone (DMZ) from April 1968
through July 1969. These units were identified by
DoD documents and are listed in M21-1MR
IV.ii.2.C.10.o. When service treatment or
personnel records show that a Veteran was
assigned to one of these units during the time
frame of tactical herbicide use, the Veteran
qualifies for the presumption of exposure. When
a Veteran with Korean service alleges herbicide
exposure but was not in one of the specified units
or was in one of the specified units outside the
time frame of tactical herbicide use, ROs were
previously instructed to send an inquiry to the
Agent Orange Mailbox for any additional
evidence that might indicate tactical herbicide
exposure.
C&P Service has now determined that ROs are no
longer required to submit herbicide exposure
inquiries from Korean service Veterans to the
Agent Orange Mailbox. Inquires related to
potential herbicide exposure outside the specific
units and time frame listed in M21-1MR should
now be sent directly to JSRRC.
These policy changes are intended to reduce the
time required to process these claims.
Procedures (212)
M21-1Manual Rewrite (MR) Updates
Recently, C&P Service released changes to M21-
1MR that:
· updates procedures regarding claims for
Newsletter
service connection for death from suicide
(M21-1MR, Part IV, Subpart iii, Chapter 2)
· includes new information on Vocational
Rehabilitation and Education (VR&E)
motivational contact procedures and
controlling the 810-diary in Share (M21-1MR,
Part IX, Subpart I, Chapter 1, Section A)
For a detailed list of all the changes made to these
chapters, please refer to the Transmittal Sheet in
the “Changes by Part” or “Changes by Date” link
at the top of the MR main website.
Handling and Storage Requirements for the
DoD STR Folder
When a servicemember leaves the military, his or
her Service Treatment Records (STRs) are
transferred to VA on a long-term loan. The
Department of Defense (DoD) is the owner of the
STRs and the STR folder.
The DoD Records Custodians have raised the
issue that VA is destroying their STR folders,
which contain some medical documentation on
the servicemember/Veteran, thus destroying the
integrity of the total STR.
The M21-1 Manual Rewrite(MR), specifically
Part III, Subpart iii, Chapter 2, Section A, details
handling and storage requirements for STRs. The
M21-1MR does not authorize the destruction of
the STR folder. Under no circumstances should
the STR folder be destroyed.
Some specifics related to handling and storing
DoD STRs on loan to VA include:
· Avoid marking on, date stamping, or
punching holes in any records received from
the service department. Avoid removing
STRs from the STR folder unless necessary
for photocopying (M21-1MR III.iii.2.A.2.a).
· STRs belong to the respective service
departments and are on loan to VA. As such,
4
 the STRs are subject to recall by a service
department (M21-1MR III.iii.2.A.2.c).
· While in VA’s possession (M21-1MR
III.iii.2.A.2.c):
o Place the STR folder neatly within the
claims folder
o Do not remove or rearrange documents
from the STR folder unless necessary
for photocopying
o Do not place the STR folder in a VA
Form 21-4582, Service Department
Records Envelope
o Establish a separate volume of the
claims folder in which to maintain the
STR folder or STR envelope if the
thickness is more than one inch, or
more than two and one-half inches
when combined with the claims folder
· Additionally, when a service department
requests return of the STR folder, VA must:
o Photocopy the STRs
o Stamp the copies to show they are
copies of the originals and that the
original STRs were returned.
o Place photocopies of STRs in VA
Form 21-4582.
o File VA Form 21-4582, with STR
copies in the center flap of the claims
folder.
o Return the original STR folder and the
original STRs to the service
department.
Fast Letter (FL) 10-16, Fully Developed Claim
Program
The Veterans’ Benefits Improvement Act of 2008,
Public Law 110-389, § 221(a) mandated VA carry
out the pilot program Expediting Fully Developed
Claims (FDCs) to assess the feasibility and
advisability of expeditiously processing FDCs
within 90 days of receipt. On December 17,
2008, C&P Service released Fast Letter (FL) 08-
48, Pilot Program on Expediting Fully Developed
Newsletter
Claims instructing ten ROs to implement the FDC
pilot program. VA has now decided to expand
the program for implementation at all ROs.
On May 3, 2010, C&P Service released FL 10-16,
Fully Developed Claim Program. The FL
rescinds FL 08-48, modifies previous guidance
released for the FDC pilot program, and provides
guidance for nationwide RO implementation of
the FDC Program.
The FL comes with three enclosures: draft
versions of the VA Form 21-526EZ, Fully
Developed Claim/Express Compensation Claim,
and the VA Form 21-527EZ, Fully Developed
Claim/Express Pension Claim, and a copy of the
FDC folder flash. The draft forms provided with
the FL are not to be disseminated or used.
Central Office is awaiting the Office of
Management and Budget (OMB) approval of
these forms and will promptly notify the field
upon such approval.
Please remind staff not to use the Share flash,
Fully Developed Claim, since the flash was for
use with the FDC pilot program only.
Additionally, do not use the following special
issues: Express Claim, Express Claim Excluded-
Additional Evidence, Express Claim Excluded-
Failed to Report for Exam, and Express Claim
Excluded-VBA Administrative Reason.
Please reference FL 10-16 for more information
on identifying claims associated with the FDC
Program.
Training & Contract Exams (213)
Skills Certification
The next Rating Veteran Service Representative
(RVSR) Certification test is scheduled for June 9,
2010. To be eligible to take the test, RVSRs must
have completed the RVSR training curriculum,
meet the local trainee performance standards, and
have been in the position for a minimum of six
months and not more than 24 months.
5
The initial Operational Certification test for
Decision Review Officers (DROs) is scheduled
for June 16, 2010. To be eligible to take the test,
DROs must be at a GS-13 grade level or above,
assigned as a DRO for at least six months and
meet the local DRO performance standards.
The next Pension Management Center (PMC)
Veteran Service Representative (VSR)
Certification test is scheduled for June 23, 2010.
VSRs may sit for certification 90 days prior to the
earliest date they achieve one year specialized
experience at the GS-10 level. A VSR must also
meet the local performance standards at the time
of the test.
Further information regarding these tests will be
forthcoming from the Office of Field Operations
(OFO).
Training Performance Support System (TPSS)
Module 6 - Burials
A team consisting of C&P personnel and three
field subject matter experts (SMEs) have been
assigned to review and update the VSR TPSS
Module 6 – Burials. George Boyd, C&P;
Elizabeth Garcia, Denver RO; Wendi Hoyt,
Nashville RO, and Jamie Goedtke, St. Pete RO,
completed their initial review and are making
necessary changes. Areas needing the most
change relate to dates of claim, date of death and
date of burial. Along with revising the
information about dates, updated Modern Award
Processing-Development (MAP-D) and Personal
Computer Generated Letter (PCGL) notifications
and current rates and eligibility requirements for
Burial Allowance and Plot/Interment benefits will
be included. This module is scheduled to be
released to the field by October 31, 2010.
Electronic Performance Support System
(EPSS) – Combat Related Disability Payments
(CRDP)/Combat Related Special
Compensation (CRSC)
A team made up of C&P personnel and two field
Newsletter 6
SMEs have been preparing a new Electronic
Performance Support System (EPSS) tool to assist
in processing Combat Related Disability
Payments (CRDP)/Combat Related Special
Compensation (CRSC) claims and Audit Error
Worksheets (AEW). George Boyd, C&P;
Raymond Lund, Waco RO and Tom Kenville,
Cleveland RO, have worked with the contractor
from General Dynamics to establish this tool. We
have completed the initial phase and are preparing
the tool for field testing at a designated RO.
Experienced and novice VSRs will be selected to
process a variety of individual claims based on
CRDP/CRSC and their AEWs. The analysis from
the field test will assist the team in identifying any
confusion or misunderstandings when using the
tool. This tool is scheduled to be released to the
field by August 31, 2010.
Quality Assurance (214)
End Product (EP) Transaction Reports
The Rating EP Transaction Review reports posted
on the C&P Program Operations Intranet
webpage are no longer active; however, reports
through May 1, 2009 will remain available on the
website for historical purposes. C&P Service has
discontinued the reports because most of the data
is now available through VETSNET Operations
Reports (VOR).
We encourage ROs to monitor their data integrity
by reviewing the VOR-Completed Claims Detail
report to validate rating end products (EPs)
completed within five days of the date of claim.
We also encourage stations to review the VOR-
Detailed-Cancelled EPs report to validate the
cancellation of rating EPs that were pending
greater than 180 days. These two reports mirror
the data that was available through the C&P
Single EP Transaction reports.
The VOR-Completed Claims Detail report
provides data regarding multiple rating claims
improperly cleared with the same date of claim.
This mirrors some of the data that was available
through the Multiple EP Transaction reports. We
also encourage RO managers to routinely review
the VOR-Pending-Multiple Rating EP report to
validate station compliance with the procedures of
FL 09-39, Sequential End Products (EPs) and
Third-Digit Modifiers, dated October 2, 2009.
The Program Operations site visit staff will be
monitoring these VOR reports for data integrity as
part of the site visit protocol.
Please direct any questions to the Program
Operations staff at VAVBAWAS/CO/214A.
Site Visit Common Findings Report
The FY 2009 Site Visit Common Findings report
has been posted to the C&P Site Visit Intranet
webpage. The report can be accessed through the
following link:
http://10.220.1.4/bl/21/sitevisit/sitevisit.asp
The majority of action items fall into the
Workload Management category. The most
significant repeated findings in this area were
improper execution of the Workload Management
Plan and lack of standard operating procedures in
place for proper mail analysis, mail control and
processing.
Questions regarding this report may be directed to
the Program Operations Staff mailbox at
VAVBAWAS/CO/214A.
EP 600 Date of Claim (DOC) Issue
In reviewing EP 600s, some inconsistencies with
the date of claim (DOC) have been identified. EP
600s should be established timely and monitored
closely to minimize overpayments. Per M21-
1MR.I.2.B.7.b and TL 09-04, an EP 600 should
be established at the time the notice of adverse
action is sent. Questions concerning this should
be forwarded to VAVBAWAS/CO/214B.
Folder Maintenance and Repair
The Quality Assurance Staff has been providing
Newsletter 7
comments on non-segregated folders requiring
renovation prior to shipping to Nashville for
STAR review. Many folders are shipped to
Nashville that have loose mail and service
treatment records that should be filed down prior
to shipping, need replacement, and need
additional volumes created. This is a reminder
that per M21-1MR.4.G., Veterans folders should
be maintained to provide maximum protection of
their contents by replacing folders and envelopes
that become damaged. Any required renovation
should be preformed prior to transferring the
folder out of the office. Questions concerning this
should be forwarded to VAVBAWAS/CO/214B.
Business Management (215)
C&P Calendar Update
The C&P Calendar web page is a one-stop source
for new and updated information both relating to
the C&P Intranet and to C&P Service at large. In
an effort to improve the sharing of information,
C&P Service has developed a subscription service
for the calendar. Users who subscribe to the
calendar will receive automatic e-mail updates
whenever a calendar item is added or
changed. Each e-mail update will contain the
body of the new or changed calendar item as well
as a link to the calendar itself. To subscribe,
please visit
http://vbacodmoint1.vba.va.gov/bl/21/calendar/cal
_Subscribe.asp. Please contact the
VAVBAWAS/CO/21WEB e-mail box with any
questions, comments, or suggestions about this
service or anything on the C&P Intranet.
Homeless Flash
The proper use of the Homeless Flash in Share
requires that the Homeless Veteran indicator on
the BIRLS Miscellaneous Info (MSC) screen be
checked. Checking the Homeless Veteran
indicator in BIRLS will also automatically add the
Homeless flash in Share when processed as a
BIRLS Update. This action is only required once
for each of these claims.

If a Homeless Flash is established in Share, but
not in BIRLS, the next time a BIRLS update is
processed, the Homeless Flash in Share will be
removed.
If the flash needs to be removed, simply un-check
the Homeless Veteran indicator and perform a
BIRLS update.
Please note, this information was previously
distributed in an e-mail from OFO on May 3,
2010. Questions can be directed to C&P Service
at 215A.VBACO@va.gov.
Compensation and Pension Record
Interchange (CAPRI) Upgrade
VBA will be nationally deploying a new version
of the Compensation and Pension Record
Interchange (CAPRI) application. This version
will fix several defects and add enhancements to
the application. Additional information can be
found in the release notes which can be
downloaded from the VHA Software Document
Library. The following outlines major
improvements that will affect VBA’s use of
CAPRI:
o A previous release of CAPRI prevented
users from copying and pasting on the
C&P Exam Request screen via shortcut
keys or the mouse right-click menu. This
issue has been resolved.
o CAPRI will now allow the addition of a
new patient record with a first name
consisting of only a single character. This
issue was first reported by the Togus RO
when they tried to create a new record in
CAPRI for a patient whose first name
consisted of only the character “J.”
o CAPRI will now support the need to enter
foreign addresses for a patient’s
permanent, temporary, and confidential
addresses.
o In support of the Disability Evaluation
System (DES) program, CAPRI has been
modified to allow the selection of
Newsletter 8
“TRICARE” or “SHARE AGREEMENT”
as Primary Eligibility options when
creating a new patient record.
As with any software release, this release does
create some issues that will be addressed in a
future release. The following outlines major
known issues with this release:
o Duplex (double-sided) printing is ignored
by CAPRI, even if the default printer
settings call for duplex printing.
o The Site Selection screen does not honor a
space as a character when typing in a
facility name. Using the mouse or arrow
keys to make a site selection is unaffected.
Veterans Services (216)
Fast Letter 10-12, Revised Fiduciary Program
Policies and Procedures
On April 20, 2010, C&P Service released FL 10-
12, Revised Fiduciary Program Policies and
Procedures. This FL significantly revises several
Fiduciary Program requirements including:
o New Requirement for Documentation of
Expenditures - The long-standing provision of
M21-1MR, Part XI, 3.D.17d mandating that
Legal Instruments Examiners (LIE) obtain
receipts for any questionable expense remains
in effect. However, effective April 21, 2010,
a receipt is required for any unbudgeted item
in excess of $1,000. Furthermore, a receipt is
now required for any budgeted item which
exceeds the Fund Usage Agreement by more
than 15 percent, if the financial institution
documents do not verify the expense.
o New Misuse Requirements - Recent reviews
of misuse determination findings during C&P
Service site visits to ROs have revealed the
need for additional examinations of misuse
procedures. Effective April 21, 2010, once
the RO completes its final action on a misuse
case, the misuse allegation, memorandum not
to investigate, or the investigation and
 determination with all supporting documents,
must be submitted to the C&P Service
Fiduciary Staff. Copies of these documents
should be submitted to:
VA Central Office
810 Vermont Ave. NW
Attn: C&P Service (216A)
Washington, DC 20420
The necessary paperwork may be
electronically submitted to the Fiduciary
Mailbox at VAVBAWAS/CO/F&FE, but only
if the signatures are included in the electronic
record and the supporting documentation has
been scanned for inclusion. M21-1MR will
be updated to reflect this change.
o New Requirement for Collection of Fiduciary
ID - FBS Users Guide, Chapter 8, Section 3a
defines the fiduciary identification as a Social
Security number for an individual or a
taxpayer ID number for an entity other than an
individual. The guide states that this number
is required if the fiduciary is an individual, but
it does not indicate whether the number must
be collected for an entity other than an
individual. Effective April 21, 2010, a Social
Security or Taxpayer ID number is required of
all fiduciaries, and must be recorded in FBS.
On all initial appointment field examinations,
ROs and the Western Area Fiduciary Hub
(Hub) must collect the fiduciary ID. Every
fiduciary-beneficiary (F-B) field examination
must either collect the fiduciary ID or confirm
the fiduciary ID is a matter of record. The
FBS Users Guide will be updated to reflect
this change.
o New Onsite Review Requirements - M21-
1MR, Part XI, Chapter 6.a.1.e requires that a
copy of Onsite Review Reports be filed in the
Onsite Review File for the fiduciary and
maintained for the life of the file. The life of
the file expires when the fiduciary is released
from all cases. Recent findings during C&P
Service site visits have revealed
inconsistencies in conducting onsite reviews.
Effective April 21, 2010, all completed onsite
reviews will be reviewed by the C&P Service
Newsletter 9
Fiduciary Staff. ROs and the Hub must
submit a copy of the signed Onsite Review
Report and supporting documentation within
ten days of completion of the Onsite Review
Report to:
VA Central Office
810 Vermont Ave. NW
Attn: C&P Service (216A)
Washington, DC 20420
Onsite Review Reports may be electronically
submitted to the Fiduciary Mailbox at
VAVBAWAS/CO/F&FE, but only if the
signatures are included in the electronic record
and the supporting documentation has been
scanned for inclusion. M21-1MR will be
updated to reflect this change.
National Fiduciary Managers Training
Conference
The National Fiduciary Managers Training
Conference will commence on Sunday June 13,
2010 at the Embassy Suites Hotel in
Bloomington, Minnesota and conclude on Friday
June 18, 2010.
As a reminder, all attendees are to arrive at the
hotel Sunday, June 13, 2010. Registration will be
held that day between 3:30 and 5:30 p.m., and a
mandatory welcome reception will begin at 6:30
p.m. Dinner and dessert will be served during the
reception.
Please refer to FL 10-09, Announcement of
National Fiduciary Managers Training
Conference, for additional information about the
conference.
This Memorial Day, pause to remember those
who served to protect our freedom!
 Compensation & Pension Service
Bulletin

January 2010

o Fiduciary Teleconference
INSIDE THIS ISSUE
o VA Form 21-7288(a), Daily Record of
Policy (211) Veterans Assistance Interviews
1 o Information on Vietnam Naval o Congressional Correspondence
Operations o Homeless Veterans
Procedures (212)
2 o BDN Automated CRSC/CRDP Policy (211)
Payments Discontinued
o Fast Letter 10-03, Chapter 35 Benefits Information on Vietnam Naval Operations
for Dependents of Servicemembers
3 o Fast Letter 09-52, Verification of Compensation and Pension (C&P) Service has
Participation in “Special Operations” initiated a program to collect data on Vietnam
Incidents naval operations for the purpose of providing
o Correcting Erroneous Diagnostic Codes regional offices with information to assist with
for Undiagnosed Illness development in Haas related disability claims
based on herbicide exposure from Navy
Training and Contract Exams (213) Veterans. To date, we have received verification
o Skill Certification Tests from various sources showing that a number of
offshore “blue water” naval vessels conducted
Quality Assurance (214) operations on the inland “brown water” rivers
4 o Rating Quality Call and delta areas of Vietnam. We have also
o M21-4 Update identified certain vessel types that operated
o Fiduciary STAR Reviews primarily or exclusively on the inland
waterways. The ships and dates of inland
Business Management Staff (215) waterway service are listed below. If a
o VOR enhancements Veteran’s service aboard one of these ships can
be confirmed through military records during the
time frames specified, then exposure to herbicide
Veteran Services (216) agents can be presumed without further
o VA Form 21-4703, Fiduciary development.
Agreement
o VA Form 21-4718a, Certificate of All vessels of Inshore Fire Support [IFS]
5 Division 93 during their entire Vietnam tour
Balance on Deposit and Authority to USS Carronade (IFS 1)
Disclose Financial Records USS Clarion River (LSMR 409) [Landing Ship,

Newsletter 1
Medium, Rocket]
USS Francis River (LSMR 525)
USS White River (LSMR 536)
All vessels with the designation LST [Landing
Ship, Tank] during their entire tour
[WWII ships converted to transport supplies on
rivers and serve as barracks for brown water
Mobile Riverine Forces]
All vessels with the designation LCVP [Landing
Craft, Vehicle, Personnel] during their entire
tour
All vessels with the designation PCF [Patrol
Craft, Fast] during their entire tour
[Also called Swift Boats, operating for enemy
interdiction on close coastal waters]
All vessels with the designation PBR [Patrol
Boat, River] during their entire tour
[Also called River Patrol Boats as part of the
Mobile Riverine Forces operating on inland
waterways and featured in the Vietnam film
“Apocalypse Now”]
USS Ingersoll (DD-652) [Destroyer] [Operated
on Saigon River, October 24-25, 1965]
USS Mansfield (DD-728) [Destroyer] [Operated
on Saigon River August 8-19, 1967 and
December 21-24, 1968]
USS Richard E. Kraus (DD-849) [Destroyer]
[Operated on coastal inlet north of Da Nang,
June 2-5, 1966, protecting Marines holding a
bridge]
USS Basilone (DD-824) [Destroyer] [Operated
on Saigon River, May 24-25, 1966]
USS Hamner (DD-718) [Destroyer] [Operated
on Song Lon Tao and Long Song Tao Rivers,
August 15-September 1, 1966]
USS Conway (DD-507) [Destroyer] [Operated
on Saigon River, early August 1966]
Newsletter
USS Fiske (DD-842) [Destroyer] [Operated on
Mekong River, June 16-21, 1966]
USS Black (DD-666) [Destroyer] [Operated on
Saigon River, July 13-19, 1966]
USS Providence (CLG-6) [Cruiser, Light,
Guided Missile] [Operated on Saigon River 3
days during January 1964]
USS Mahan (DLG-11) [Guided Missile Frigate]
[Operated on Saigon River October 24-28, 1964]
USS Okanogan (APA-220) [Attack Transport]
[Operated on Saigon River July 22-23, 29-30,
1968 and August 5-6, 1968]
USS Niagara Falls (AFS-3) [Combat Stores
Ship] [Unloaded supplies on Saigon River and
Cam Rahn Bay, April 22-25, 1968]
Procedures (212)
BDN Automated CRSC/CRDP Payments
Discontinued
A recent review revealed that the automated
Combat-Related Special Compensation (CRSC)
and Concurrent Retirement and Disability Pay
(CRDP) payments that were still being made on
some BDN cases were resulting in
overpayments. Therefore, that process was
discontinued. Accordingly, all BDN
CRSC/CRDP payments will be made through
the Audit Error Worksheet (AEW) process. As
with all AEWs, Virtual VA (VVA) and TINQ
(Treasure Inquiry) should be checked for prior
payments before processing.
Fast Letter 10-03, Chapter 35 Benefits for
Dependents of Servicemembers
On January 7, 2010, C&P Service released Fast
Letter 10-03, Chapter 35 Benefits for
Dependents of Servicemembers. This letter
contains guidance for the development and
processing of claims for Dependents’
Educational Assistance (DEA/chapter 35
2
benefits) under Public Law 109-461. Section
301 of the law allows the Department of
Veterans Affairs (VA) to pay DEA benefits to
dependents of severely disabled servicemembers
who are pending discharge from the military.
Eligible dependents may now receive DEA
benefits before servicemembers are discharged.
The new category of eligible persons includes
the spouses and children of active duty
servicemembers who at the time of VA’s
decision:
· are hospitalized or receiving outpatient
medical care, services, or treatment;
· have a total disability permanent in nature,
incurred or aggravated in the line of duty in
the active military, naval, or air service; and
· are likely to be discharged or released from
service for the disability.
Fast Letter 09-52, Verification of
Participation in “Special Operations”
Incidents
On December 9, 2009 C&P Service released
Fast Letter 09-52, Verification of Participation
in “Special Operations” Incidents. This fast
letter provides instructions for verifying a
Veteran’s involvement in Special Operations
Forces classified missions or obtaining related
classified documents.
Correcting Erroneous Diagnostic Codes for
Undiagnosed Illness
Members of a Gulf War Veterans Information
Systems (GWVIS) Work Group have identified
many records, potentially involving qualifying
chronic disabilities associated with service in
Southwest Asia, with erroneous diagnostic
codes. These errors can negatively impact the
quality of the GWVIS reports which are
provided to stakeholders who monitor Gulf War
Veterans’ use of Compensation and Pension
Newsletter
Benefits.
The most common errors involve misplacement
of the diagnostic codes in the 8800 series and/or
misuse of the analogous codes XX99. While
RBA2000 prevents these errors from occurring
in current ratings, the errors still exist in ratings
completed prior to RBA2000. RVSRs should be
reminded that before signing a new rating
decision, they must verify the accuracy of the
entire codesheet, including previously entered
diagnostic codes (per M21-1MR III.iv.6.D.20).
RVSRs and Authorizers are asked to pay
particular attention to previous ratings involving
any Undiagnosed Illness or any medically
unexplained chronic multisymptom illness, to
ensure that all diagnostic codes have been input
correctly according to M21-1MR IV.ii.2.D.16.d-
g. When errors are identified, action must be
taken to correct the hyphenated codes.
Training & Contract Exams (213)
Skill Certification Tests
The next VSR Skills Certification test will be
given on February 10, 2010. VSRs who have
completed the VSR training curriculum, are
meeting the local trainee performance standard,
and have one year time in grade as a GS-10 are
eligible to take this test.
The next Journey-Level Rating Veteran Service
Representative (RVSR) Certification test is
scheduled for February 24, 2010. To be eligible
to take the test, RVSRs must be at the GS 12
level or above, be meeting the local performance
standard, and have been an RVSR for at least 24
months.
Further information regarding these tests will be
forthcoming from the Office of Field Operations.
3
Quality Assurance (214)
Rating Quality Call
The Monthly Rating Quality Call for January is
scheduled for January 28, 2010, at 2:00 PM
EST. The results from the IRR study will be
discussed. Please ensure that, at a minimum,
your training coordinators and/or quality
reviewers are on the call. The call-in
information is posted on the calendar page for
January 2010, and can be accessed through the
calendar link on the C&P Home Page.
Questions may be directed to the 214B mailbox
at VAVBAWAS/CO/214B.
M21-4 Update
Chapter 2, Paragraph 2.05 g. “COVERS” of
M21-4, Manpower Control and Utilization in
Adjudication, has been updated requiring
regional offices to do a periodic rescan of folders
in COVERS every seven days as a minimum.
The update is available on the C&P Intranet and
through WARMS. Questions should be
submitted to the 214A mailbox at
VAVBAWAS/CO/214A.
Fiduciary STAR Reviews
Effective with the call up list for January 2010
(work product codes completed in December
2009), the newly assigned Fiduciary STAR staff,
located in Nashville, TN, will start conducting
national quality reviews for Fiduciary cases.
All Principal Guardianship Folders (PGFs)
requested for national quality review should be
sent to the STAR Nashville office at the
following address:
3322 West End Avenue
Suite 730
Nashville, TN 37203
Newsletter
Questions can be directed to the Quality
Assurance mailbox, VAVBAWAS/CO/214B or
Christi Greenwell at 615-279-8380.
Business Management (215)
VOR Enhancements
Several enhancements were made to VOR last
week. This includes a new brokered work detail
report which allows stations receiving brokered
work to see that work in VOR. The Current
Month Operations report has also been corrected
to resolve an issue that intermittently showed
decreasing numbers of cases processed through
various cycles as the month progressed. A
revised VOR Desk Reference Guide has been
posted to the C&P Website.
http://vbaw.vba.va.gov/bl/21/Publicat/Users/doc
s/VOR.doc
Veteran Services (216)
VA Form 21-4703, Fiduciary Agreement
VA Form 21-4703, Fiduciary Agreement, has
been substantially revised. The updated form is
dated July 2009 and has just been released. The
new form requires prospective fiduciaries to
initial all applicable blocks after the Field
Examiner thoroughly explains to him or her the
responsibilities required of a fiduciary. The
updated form also requires the completion of a
Fund Usage Agreement (Page 3). The signatures
of both the Field Examiner and the prospective
fiduciary are now required.
Effective immediately, all VARO Fiduciary
Activities will use VA Form 21-4703 dated July
2009 and dispose of all previous versions of the
form. The direct link to the form is
http://vaww4.va.gov/vaforms/form_detail.asp?F
ormNo=21-4703.
4
VA Form 21-4718a, Certificate of Balance on
Deposit and Authority to Disclose Financial
Records
VA Form 21-4718a, Certificate of Balance on
Deposit and Authority to Disclose Financial
Records, has been revised. The updated form is
dated February 2009 and has just been released.
The verbiage in block 8 has been changed to
ensure the protection of the assets of the
incompetent Veteran or beneficiary. The direct
link to the form is
http://vaww4.va.gov/vaforms/form_detail.asp?F
ormNo=21-4718a.
Fiduciary Teleconference
As a reminder, the next national fiduciary
teleconference is scheduled for today, January
21, 2010, at 2:00 p.m. EST. The notice of this
teleconference was sent to the mailboxes of the
Directors,Veterans Service Center Managers
(VSCMs) and the Western Area Fiduciary Hub
Manager. Please ensure all fiduciary managers
participate in the call. Unfortunately, seventeen
VAROs with Fiduciary Activities failed to log
into the last call on November 18, 2009. It is
imperative that fiduciary managers are aware of
the information disseminated and discussed
during these calls.
VA Form 21-7288a, Daily Record of Veterans
Assistance Interviews
One of the most common action items cited for
Direct Services following site survey visits is
related to VA Form 21-7288a, Daily Record of
Veterans Assistance Interviews. The most
common action items cited are for improper use
of this form. Use of the incorrect version has
resulted in inaccurate timeliness reporting.
M21-1MR, Part II.1.2.b mandates that VA
Regional Offices maintain a daily record of
Veterans assistance interviews. Fast Letter 07-
17, Instructions for Electronic Version of VA
Newsletter
Form 21-7288a, Daily Record of Veterans
Assistance Interviews, dated July 3, 2007, directs
all VA Regional Offices to use VA Form 21-
7288a dated April 2007. An electronic version
of this form is located on the C&P Service
Intranet site, National Call Center (NCC)
Manager and Public Contact (PCT) Coaches
home page under “Personal Interview Activity”
(http://vbaw.vba.va.gov/bl/21/Direct/Coaches/pi
a.htm). The instructions for the proper
completion of this form are also found on this
site. To ensure accurate timeliness and DOOR
reporting, it is imperative that these instructions
are followed in entirety and without deviation.
Congressional Correspondence
Recent site visit survey results have revealed VA
Regional Offices are using an incorrect
processing time requirement for Congressional
correspondence (this includes letters received by
mail, facsimile requests, and electronic mail). It
is mandatory that Congressional inquiries are
acknowledged on a timely basis and the response
addresses the concerns of the constituents and
our customers. M21-1MR II.5.3.b states special
mail (which includes Congressional mail), that
cannot be fully answered within five workdays
after receipt in VA, should be acknowledged
within two workdays by sending a locally
generated letter. The interim response will
inform the inquirer that a complete reply will be
made as soon as possible. For consistency
purposes, Congressional inquiries received by
telephone must follow the requirements above.
Homeless Veterans
In an excerpt from Secretary’s Shinseki’s speech
given at the November 2009 Homeless Veteran
Summit in Washington, DC, the
Secretary stated, “Those who have served this
nation as Veterans should never find themselves
on the streets, living without care and without
hope.” There are 131,000 Veterans estimated to
5
be homeless on any given night. The Secretary
is committed to ending homelessness among
Veterans within the next five years. We find
ourselves with an enormous challenge, and we
must do our part to help reach that goal.

As part of our efforts to end homelessness

among Veterans within five
years, Regional Offices increased the number of
homeless Veterans claims received and
processed during the first quarter in FY 2010.
The following data shows the number of
homeless Veterans claims received and
processed in FY 2010 against FY 2009.

Homeless Veteran Claims

FY 2009 FY 2010
st
1 Quarter 1st Quarter
Received 1,281 2,187
Processed 1,292 1,756

In comparing the data from the first quarter of

FY 2010 to the first quarter of FY 2009, there
was a 70.7% increase in the number of homeless
Veterans claims received and a 26.4%
increase in the number of homeless Veterans
claims processed.

Although the above numbers show a very

positive trend, there is still a great deal of work
to be done. The goal to eliminate homelessness
among Veterans will only be accomplished
through targeted, meaningful outreach, expedited
claims processing, and a true commitment by
every VA employee.

As a reminder to the regional offices, please

ensure that all homeless Veterans claims are
marked with the “Homeless Flash” in
VETSNET.

Newsletter 6
Commendable .............................................................................................................................................................. 14 
M21-4 .......................................................................................................................................................................... 15 
Common Findings – Suspense Dates and Reasons...................................................................................................... 15 
One-Year Old Claims Pending STAR Review ............................................................................................................ 15 
Reviews Completed by VA Office of Inspector General (OIG) .................................................................................. 15 
New Open Compensation and Pension (C&P) Examination Request Reports ............................................................ 16 
Updates to Acceptable Clinical Evidence (ACE) ........................................................................................................ 16 
Systems Compliance Errors (S1) for VSR Individual Quality Reviews (IQRs).......................................................... 17 
IQRs in VBMS ............................................................................................................................................................ 17 
Contract Medical Exams ............................................................................................................................................. 17 

Newsletter 2
 
Service Connection for Baldness
 
Target Audience: Rating Veterans Service
Representatives (RVSRs)
Service connection may not be granted for
male pattern baldness or androgenetic
alopecia. The Department of Veterans
Affairs (VA) classifies these conditions as
congenital or developmental abnormalities
that are not recognized as disabilities under
VA law. See 38 C.F.R. 3.303(c), and 38
C.F.R. 4.9.
VA only recognizes two types of hair loss,
scarring alopecia and alopecia areata, under
Diagnostic Codes (DCs) 7830 and 7831, as
disabilities for which compensation may be
paid under the law.
Pain on Palpation of a Joint
Target Audience: RVSRs
38 C.F.R. 4.59 provides that a minimal
compensable evaluation is to be assigned for
painful motion of a joint. Palpation is a part
of the clinical examination in which the
examining health care professional applies
pressure of the hand or fingers to the surface
of the body especially to determine the size,
shape, or firmness of an underlying part or
organ. In applying pressure to the body part,
the examiner may document tenderness or
pain to palpation of the body part.
Pain on palpation of a joint does not warrant
a compensable evaluation under 38 C.F.R
4.59 for the affected joint as pain on motion
has not been demonstrated. Pain on
palpation of the joint may be considered in
determining the evaluation to be assigned
for the joint; however, the mere presence of
pain on palpation of a joint does not trigger
the application of 38 C.F.R 4.59 for
assignment of a compensable evaluation.
Newsletter 3
New Guidance for Assigning an
Evaluation for Mental Health Disabilities
Using the Evaluation Builder
Target Audience: RVSRs
The mental disorders calculator produces a
suggested evaluation, based upon the data
entered by the user. The suggested
evaluation does not replace the judgment of
the adjudicator, as the decision maker is still
expected to review and weigh the evidence
in assigning an evaluation. However, the
mental disorders calculator will not allow an
evaluation of more than one level up or
below the suggested evaluation. For
example, if the user input generates a
suggested evaluation of 50 percent for post-
traumatic stress disorder (PTSD), the
adjudicator is not bound by this suggested
evaluation, but is precluded from assigning a
rating lower than a 30 percent or higher than
a 70 percent as the ultimate evaluation.
Measurement of Eye Muscle Function
Target Audience: RVSRs
 38 C.F.R. 4.78(a) directs that in examining
muscle function of the eye the examiner
must use a Goldmann perimeter chart.
However, since the Veterans Health
Administration (VHA) is having increasing
difficulty in acquiring and repairing
Goldmann perimeter charts, we have sought
substitutes that are adequate for rating
muscle function.
An acceptable substitute is the use of the
Tangent Screen. This must be performed at
a distance of one meter with a 7.5 mm
diameter round white test target to evaluate
the central 30 degrees and/or a 3.75 mm
diameter round white test target at a distance
of one-half meter to evaluate beyond the
central 30 degrees (up to 60 degrees). The
light falling on the Tangent screen should be
7 foot candles. (A foot-candle is a standard
measurement of light.) This method is
adequate for rating purposes since the output
is charted on a Goldmann recording sheet.
The examination will not be acceptable for
rating purposes if the results, for whatever
reason, are not recorded on a Goldmann
perimeter chart.
The decision to use the Goldmann Bowl,
approved automated perimetry (as described
in the April 2013 Veterans Service Center
Manager (VSCM) Conference Call), or
Tangent Screen when examining the
Veteran will be made by the examining VA
facility.
Service Connection for Hypertension
Target Audience: RVSRs
VA regulations direct that a diagnosis of
hypertension must be confirmed by serial
readings on at least three different days.
(See 38 C.F.R. 4.104 , DC 7101, Note (1).)
These findings are only required to establish
service connection for hypertension. Once
service connection is established, future
disability evaluations do not warrant serial
readings on at least three separate days to
rate the service-connected disability. The
absence of serial readings on separate days
contained in the results of an examination
provided by VA or submitted by the
claimant after service connection has been
established does not render the examination
inadequate for rating purposes solely on that
basis.
Service connection may be granted for
hypertension with a noncompensable
evaluation if the evidentiary record shows,
in conjunction with an initial compensation
claim for hypertension, a diagnosis of
hypertension on medication, but without the
Newsletter 4
stipulated history of diastolic pressure
predominantly 100 or more.
Evaluation of Peripheral Neuropathy
Target Audience: RVSRs
The Peripheral Nerves Condition Disability
Benefits Questionnaire (DBQ) directs that
the examining physician provide an
assessment of the extent of incomplete
paralysis in boxes 10 (upper extremity
peripheral nerves) and 11 (lower extremity
peripheral nerves). In some cases, the
examiner’s clinical assessment of the extent
of incomplete paralysis in box 10 or 11 may
be inconsistent with the objective findings
concerning the peripheral nerve disability
that are documented in other boxes of the
DBQ.
For example, an examiner may assess the
peripheral nerve disability as consistent with
mild incomplete paralysis; however, the
DBQ shows muscle weakness, atrophy, and
diminished reflexes, which are clearly
demonstrative of more than mild incomplete
paralysis. Conversely, an examiner may
render an assessment of severe incomplete
paralysis when the findings are wholly
sensory, which, under rating schedule
guidance contained in 38 C.F.R. 4.124(a),
may be rated no higher than moderate
incomplete paralysis.
In such circumstances, the Veteran will
receive an erroneous disability evaluation if
the RVSR inputs the level of incomplete
paralysis into the Evaluation Builder (EB)
solely on the basis of the assessment
provided by the examiner in box 10 or 11 of
the DBQ. The level of incomplete paralysis
entered into the EB must be based upon the
complete findings of the DBQ and/or
evidentiary record and must not be solely
predicated upon the examiner’s assessment
of the level of incomplete paralysis. If, after
review of the entire evidence of record, it is
determined that the level of incomplete
paralysis is consistent with a level divergent
from the examiner’s assessment, the RVSR
should enter that level of incomplete
paralysis into the EB. It remains the
responsibility of the RVSR, not the
examining medical professional, to
determine, through the rating schedule, the
effect of a disability upon the average
impairment in earning and assign the
appropriate disability evaluation. (See 38
C.F.R. 4.2 Moore v. Nicholson, 21 Vet.App.
211 (2007).)
Statistical and Technical Accuracy Review
(STAR) will not assign an error if an RVSR
inputs a level of incomplete paralysis into
the EB that is contrary to the examiner’s
assessment if the inputted level of
incomplete paralysis is otherwise reasonably
supported by the overall evidence of record.
The general rules in determining the level of
incomplete paralysis of the peripheral nerves
are as follows:
 Mild – subjective symptoms or
diminished sensation
 Moderate – absence of sensation
confirmed by objective findings
 Severe – more than sensory findings
are demonstrated, such as atrophy,
weakness, diminished reflexes, etc…
 
38 C.F.R. 4.123 and 4.124 also contain
guidance in determining the level of
incomplete paralysis in regards to rating
peripheral nerve disabilities that are
manifested by neuritis or neuralgia of the
peripheral nerve.
Please note that this guidance also applies to
radiculopathy, as this condition is rated
under a peripheral neuropathy code.
Newsletter 5
Evaluation of Bronchial Asthma
Target Audience: RVSRs
Bronchial asthma is rated under 38 C.F.R
4.97, DC 6602, which provides for ratings
based on pulmonary function test (PFT)
results or the frequency and type of
medication prescribed to treat bronchial
asthma. A recent review of cases revealed
that RVSRs focused on the PFT results and
overlooked the prescribed medications,
which resulted in the assignment of
erroneously low evaluations.
Be sure to review and consider the
medications prescribed to treat bronchial
asthma when evaluating and assigning an
evaluation for this disability.
As a review, these medications, if prescribed
for bronchial asthma, warrant the following
evaluations:
Medication/Frequency Disability
Evaluation
Daily use of systemic (oral 100 percent
or parenteral) high dose
immuno-suppressive
medications
Daily use of systemic (oral 100 percent
or parenteral) high dose
corticosteroids
Intermittent (at least three 60 percent
per year) courses of
systemic (oral or parenteral)
corticosteroids
Inhalational anti- 30 percent
inflammatory medication
Daily inhalational or oral 30 percent
bronchodilator therapy
Intermittent inhalational or 10 percent
oral bronchodilator therapy
Regulatory Action - Automobile
Allowance and Severe Burn Injuries
Target Audience: Veterans Service
Representatives (VSRs), RVSRs, and
management
On or around September 19, 2013, VA will
publish a regulation in the Federal Register,
titled “Eligibility of Disabled Veterans and
Members of the Armed Forces with Severe
Burn Injuries for Financial Assistance in the
Purchase of an Automobile or Other
Conveyance and Adaptive Equipment.”
This regulation codifies in 38 C.F.R.
3.808(b)(4) the provision of section 803 of
Public Law 111-275, the Veterans’ Benefits
Act of 2010.
The amendment resulting from Section 803
adds “severe burn injury” to the disabilities
listed under § 3.808(b) that are eligible for a
certificate for financial assistance in the
purchase of an automobile or other
conveyance and adaptive equipment.
Newly amended § 3.808(b)(4) also defines
the term “severe burn injury” as “deep
partial thickness or full thickness burns
resulting in scar formation that cause
contractures and limit motion of one or more
extremities or the trunk and preclude
effective operation of an automobile.”
Section 803 (c) of Public Law 111-275
provides that this provision is effective
October 1, 2011, as such it applies to claims
received by VA on or after October 1, 2011,
and to any claims pending before VA on that
date.
VA will identify cases where retroactive
review may be necessary. Compensation
service will release a fast letter (FL) with
additional guidance.
Newsletter 6
Total Disability due to Individual
Unemployability (TDIU) and
Volunteering
Target Audience: RVSRs
VA, under the regulatory authority of 38
C.F.R. 4.16 , may grant TDIU to a Veteran
in receipt of a less than total scheduler
evaluation if the Veteran is unable to secure
or follow substantially gainful employment.
Substantially gainful employment is defined
as employment at which non-disabled
individuals earn their livelihood with
earnings comparable to the particular
occupation in the community where the
Veteran resides. See M21-Manual Rewrite
(MR) Part IV, Subpart ii, Chapter 2, Section
F, Topic24, Block c (M21-1MR
IV.ii.2.F.24.c).)
Some Veterans who are in receipt of
compensation on the basis of TDIU
participate in volunteer work or activities.
Volunteer work alone is not sufficient basis
to warrant reduction of a TDIU evaluation.
However, the TDIU evaluation may be
reduced if the volunteer work and/or other
evidence demonstrates that the Veteran is
actually capable of employability. (See 38
C.F.R. 3.343(c)(1).)
The Veterans Court, in Faust v. West, 13
Vet.App. 342 (2000), provided guidance in
defining employability in holding that
employment in a substantially gainful
occupation that showed actual employability
is as follows: “One that provides annual
income that exceeds the poverty threshold
for one person, irrespective of the number of
hours or days that the veteran actually works
and without regard to the veteran’s earned
annual income prior to his having been
awarded a 100 percent rating based on
individual unemployability.”
The Veteran’s participation in volunteer
work must clearly demonstrate that the
Veteran can participate in substantially
gainful employment. For example, a
Veteran that inserts flyers into envelopes for
a local charitable organization once or twice
a month would not generally be indicative of
the capability to secure or follow
substantially gainful employment.
However, a Veteran who performs volunteer
work that requires marketable abilities or
skills that can be utilized over a sustained
period to earn a livelihood, may demonstrate
ability to secure or follow gainful
employment to warrant reduction of a TDIU
evaluation under 38 C.F.R. § 3.343(c)(1).
Reduction of a TDIU evaluation must be
carefully considered on the basis of all
probative evidence of record and in
accordance with applicable regulatory
authority such as 38 C.F.R.3.105(e) and
3.343(c)(1) regarding reduction of a TDIU
evaluation. Please note that 3.343(c)(1)
provides special considerations for activities
related to vocational rehabilitation,
education, training, and VA work therapy
programs. To the extent that volunteer work
may be involved in any of those programs,
the decision to reduce would need to take
account of those special considerations.
Procedures for Submitting Veterans
Benefits Management System (VBMS)
Cases to Compensation Service
Target Audience: VSRs, RVSRs, and
management
Please note that a new Transformation
Initiative & Pilot (TIP) sheet has been
developed for submitting VBMS cases to
Compensation Service for advisory opinion
or administrative review requests.
Newsletter 7
Refer to the TIP sheet for guidance.
Revision of VA Form 21-526EZ,
Application for Disability Compensation
and Compensation Related Benefits
Target Audience: VSRs and RVSRs
Compensation Service revised VA Form 21-
526EZ, Application for Disability
Compensation and Compensation Related
Benefits. The current 21-526EZ, dated
January 2013, lists examples of claimed
disabilities displayed in a shaded area. When
viewing a printed version of the form the
end user can easily differentiate the
examples from actual claimed disabilities.
However, when the document is scanned
into VBMS or Virtual VA (VVA), the
shaded area is not visible and the end user
may mistakenly view the examples as
claimed disabilities.
The significant changes to the form include:
 Moving the examples from the shaded
area to the instruction portion of Item #9.
 Numbering the blocks in Item #9 to
easily differentiate each claimed
disability.
The form is now available online at
http://vaww4.va.gov/vaforms/ and will be
programmed into VBMS, Personal
Computer Generated Letters (PCGL), and
Modern Awards Processing-Development
(MAP-D) as soon as possible.
 
Dependency Claims Based on Definitions
in 38 USC 101(3), (31) as Related to
DOMA
Target Audience: VSRs, Senior VSRs
(SVSRs), RVSRs, and management
Recently, the President determined that
continued enforcement of 38 U.S.C. sections
101(3) and (31) that limit the definitions of
“spouse” and “surviving spouse” for
purposes of the laws governing Veterans’
benefits to couples of the opposite sex is no
longer appropriate.
We are awaiting guidance that will give us
sufficient information to start administering
benefits to claimants. As soon as we receive
this clarifying guidance, we will provide
instructions for processing.
Please continue to hold all processing of
dependency claims relating to same-sex
marriage until we release new guidance.
Response to Fully Developed Claim
Question Regarding Special
Circumstances
Target Audience: VSRs, RVSRs, and
management
Any Fully Developed Claim for
Compensation filed on a VA Form 526 EZ,
Application for Disability Compensation
and Related Compensation Benefits, which
falls under one of the “Special
Circumstances” noted on page one of the
form instructions must be excluded from the
Fully Developed Claim program if filed
without a necessary additional form, unless
adequate substitute evidence is already of
record.
For example, if a claimant files a Fully
Developed Claim for PTSD on a VA Form
Newsletter 8
21-526 EZ, and does not simultaneously
submit a VA Form 21-0781, Statement in
Support of Claim for Service Connection for
Post-Traumatic Stress Disorder, the claim
requires additional development unless the
record already contains adequate evidence
of a stressor.
FL 12-25, The Fully Developed Claim
Program, states on page seven that, should a
claim require further development of
evidence from the claimant, it must be
excluded from the Fully Developed Claim
program. Therefore, in this case, exclude
the claim and send the claimant a VA Form
21-0781. In addition, if further development
of evidence is required from a claimant
related to another special issue not included
in “Special Circumstances,” the claim
should also be excluded from the Fully
Developed Claim program.
These special issues include, but are not
limited to: herbicide exposure, exposure to
Hepatitis C, and exposure to radiation. Send
the claimant a development letter explaining
why the claim was excluded and what
evidence is needed to decide the claim.
Fast Letter (FL) and Training Letter (TL)
Rescissions and Revisions
Target Audience: VSRs, RVSRs, and
management
The Procedures Maintenance Staff continues
to review active FLs that it has published
and rescinding and revising them as
appropriate. The FL document will contain
a watermark of “Obsolete,” the rescission
reason, and the effective date. These
documents will still be accessible on the
Compensation Service Intranet FL site for
historical purposes.
Below is a list of the FLs/TLs that we have
recently rescinded:
 FL 10-33, Handling Requests for Proof
of Non-Payment of the Economic
Recovery Payment (ERP)
 FL 10-42, Guidance on Rating Dental
Conditions
 FL 10-44, Special Monthly
Compensation (SMC) Calculator
 FL 10-45, Delayed Payment Provision of
38 C.F.R. §3.31 and Certain
Dependency and Indemnity
Compensation (DIC) Awards for
Schoolchildren
 FL 10-48, Hearing Loss Calculator
 FL 11-05, Specially Adapted Housing
and Special Home Adaptation Claims
 FL 11-07, Disposal of Income
Verification Match (IVM) Worksheets
 FL 11-14, Handling Orders for Claims
Folders by the Court of Appeals for
Veterans Claims
 FL 11-19, Use of Electronic
Applications in Claims Involving
Posttraumatic Stress Disorder (PTSD)
and Personal Trauma
 FL 11-21, Revised Travel Board Letters
 FL 11-23, Telemental Health Disability
Examinations Sufficient for Rating
Purposes
 FL 11-25, Mandatory Use of Electronic
Fund Transfer (EFT) System or Direct
Express® Debit MasterCard® Program
Procedural Guidance
 FL 11-32, December 1, 2011,
Compensation and DIC Cost-of-Living
Adjustment
 FL 11-34, December 1, 2011, Pension
and Parents' DIC Cost-of-Living
Adjustment
 FL 12-02, Procedural Change to
Expedite PIES Responses On Homeless
Veterans Claims
Newsletter 9
 FL 12-04, Revised Procedures for
Telephone Contact and Development
 FL 12-05, Procedures for Sharing
Information in Support of Temporary
Disability Retirement List (TDRL)
Reevaluations
 FL 12-06, "Final Rule: Updated
Schedule for Rating Disabilities;
Evaluation of Amyotrophic Lateral
Sclerosis (ALS)"
 FL 12-12, Initiating the Veterans
Benefits Management Assistance
Program (VBMAP)
 FL 12-16, Revision of VA Form 21-22,
Appointment of Veterans Service
Organization as Claimant’s
Representative
 TL 03-02, Guidelines on implementing
proper Service Disabled Veterans
Insurance notification for RH insurance
Manual Rewrite (MR) Changes
Target Audience: VSRs and RVSRs
In the past month, we have published
changes to:
 M21-1MR Part III, Subpart i, Chapter 2,
Section C (M21-1MR III.i.2.C), which
consists of updates based on changes
made by Public Law 112-154 and fast
letter (FL) 13-05.
 M21-1MR Part III, Subpart iv, Chapter
2, Section B (M21-1MR III.iv.2.B),
which updated various blocks for clarity
and added a number of cross references.
Please see the Web Automated Reference
Material System (WARMS) for the most
recent MR content.
E-mail questions to the
VAVBAWAS/CO/M21MR mailbox.
New Personnel Information Exchange
System (PIES) Request Codes for Claims
Processed in VBMS
Target Audience: VSRs, RVSRs and
management
Nine new request codes have need added to
the PIES in order to assist the VA Liaison
Office (VALO) determine which records
need to be sent to the VA Regional Office
(RO) and which records need to be sent to
the VBMS scanning contractor. These
requests codes are for clinical (inpatient
records), Surgeon General Office (SGO)
records, Morning Reports, Sick Reports, and
Affiant “Buddy” records. These new
request codes should be used when
processing a claim within VBMS.
The new PIES request codes are listed in
PIES as follows:
 C01-V Clinical Records for VBMS
Cases, Furnish active duty inpatient
clinical records for <<alleg>> from
<<fd>> to <<td>> at <<clinic/hosp>>.
 C02-V Military Retiree Outpatient for
VBMS Cases, Furnish records for
<<alleg>> from <<fd>> to <<td>> at
<<hosp>>.
 C03-V Inpatient Dependent Medical
Records for VBMS Cases, Furnish
inpatient dependent medical records for
<<alleg>> <<hospital>> from
<<mm/dd/yyyy>> to <<mm/dd/yyyy>>
<<sponsor name>> <<sponsor ssn/sn>>
<<sponsor branch of service>>
<<relationship to sponsor>>
 C04-V Outpatient Dependent Medical
Records for VBMS Cases, Furnish
outpatient dependent medical records for
<<alleg>> <<clinic/hospital>> <<date
Newsletter 10
last year treated at this facility -
mm/dd/yyyy>> <<sponsor name>>
<<sponsor ssn/sn>> <<sponsor branch
of service>> <<relationship to
sponsor>>
 M05-V Medical/Dental and SGOs,
Furnish medical/dental records and
SGOs (Potential Fire-Related Case). If
no medical/dental records or SGOs,
please search sick/morning reports.
Sick/morning reports for <<org>> from
<<fd>> to <<td>> for remarks
pertaining to <<alleg>>
 M06-V SGO, Furnish any SGO records
 O20-V Morning Reports for VBMS
Cases, Search Morning Reports of
<<org>> from <<fd>> to <<td>>
containing remarks regarding <<rem>>
(note: morning reports were rarely
created after 1974)
 O38-V Verifying Service of Affiants -
Buddy Records
 S02-V Service, Verify All Periods Of
Service. The information provided in
the pop-up grids is furnished to help in
identifying or reconstructing a record
that could not be located. Note: before
you complete the grids, be sure to verify
the: name served under, SSN, and
provide SN, if applicable.
Use of Microsoft OneNote: Uploading
VistA Imaging Documents to VBMS
Target Audience: Claims Assistants (CAs),
VSRs, RVSRs, and management
Compensation Service added a new VBMS
TIP Sheet titled "Uploading VETSNET
Awards and PCGL Decision Notification
Letters into VBMS" on September 6, 2013.
This TIP Sheet provides procedures for
saving VETSNET Awards documents using
Microsoft OneNote and converting PCGL
decision notification letters into Portable
Document Format (PDF) in preparation for
upload into VBMS. Please see the new TIP
Sheet under the VBMS tab on the TIP Sheet
page.
Consistent with this TIP Sheet, field users
may also use Microsoft OneNote to save
documents from the VistA Imaging
Advanced Web Image Viewer (AWIV) Web
Application, and upload the documents into
VBMS.
For complete guidance on uploading
documents into VBMS, please refer to
“Uploading Documents into VBMS Job
Aid” on the VBMS Resources Page. When
uploading VistA Imaging documents into
VBMS, use the following index values:
Subject: VistA Imaging
Document Category: Medical Records
Document Type: CAPRI
Source: CAPRI
Date of Receipt: Date records are uploaded
The VBMS Program Office is aware of the
need to develop an interface with AWIV to
easily send images to the VBMS eFolder,
and is working on a solution.
E-mail questions to the
VAVBAWAS/CO/212A mailbox.
When Telephone Development is
Warranted for Dependency Issues
Target Audience: VSRs, SVSRs, and
management
In all cases, when additional information
from the claimant is required, claims
processors must attempt to obtain the
Newsletter 11
information by telephone. This is the
preferred method of communication for
confirming dependency information. Please
see M27-1, Part I.3.h, for more information
on what types of information are suitable for
telephone development. Document all
information received by telephone from the
claimant on VA Form 27-0820, Report of
General Information (M27-1, Part I.5.8.c),
or equivalent.
New Automobile Allowance Rate
Target Audience: VSRs, SVSRs, and
Management
38 USC 4303 allows for annual increases to
the automobile allowance for Veterans.
Effective October 1, 2013, the new rate is
$19,817, and any awards processed after that
date will receive the new rate. We will
officially publish the rate in the forthcoming
Cost of Living Adjustment (COLA) fast
letter.
Revised Procedures for Completion of
SSA Form L1103
Target Audience: CAs, VSRs, SVSRs, and
management
The Social Security Administration (SSA)
uses benefit payment data it receives from
VA via a computer interface to determine
claimants’ entitlement to Supplemental
Security Income (SSI). Occasionally, the
data it receives via the interface is
insufficient to make a determination. In
these instances, SSA asks VA to complete
SSA Form L1103, SSI Request for
Information.
SSA recently reviewed VA’s instructions for
completing SSA Form L1103 in M21-1MR,
III.iii.3.B and found them to be inaccurate in
some cases and inadequate in others. The
Procedures Staff has worked with
representatives from the SSA over the past
two months to completely rewrite M21-
1MR, III.iii.3.B.
Changes to this section will be posted on
(WARMS on or about October 1, 2013.)
New Instructions for Rebuilding Missing
or Lost Claims Folders
Target Audience: CAs, VSRs, SVSRs, and
management M21-1MR, III.ii.4.4.d We
recently reviewed the instructions for
rebuilding a lost or missing claims folder
and found them to be incomplete. In
addition to the actions described in Step 3 of
Block b, employees must ask the claimant
and his/her power of attorney (if one exists)
to provide copies of documents, evidence,
and records in their possession that VA
would have kept in the claims folder.
We will update M21-1MR to reflect this
change.
Suicide Prevention Guidelines
Target Audience: VSR, SVSR, RVSR,
Management
 
People experience emotional and mental
health crises in response to a wide range of
situations, from difficulties in their personal
relationships to the loss of a job. For
Veterans, these crises can be heightened by
their experiences during military service.
If during the review of a claim, there is
evidence or a statement from a
Veteran/Claimant indicating suicidal
ideations, claims processors must follow the
guidelines below:
Newsletter 12
Take all suicidal threats seriously and please
be aware of the fact that this is a very
sensitive matter. The general approach and
philosophy when dealing with this type of
statement is to:
 be caring and empathetic,
 express genuine concern,
 recognize and acknowledge the
Veteran/Claimant’s pain and despair
 call The Veterans Crisis Line, and
 focus on the fact that the
Veteran/Claimant has communicated
that they are feeling this way and
therefore recognizes that something
is wrong and he/she is seeking help.
The Veterans Crisis Line is a toll-free,
confidential resource that connects
Veterans/Claimants in crisis and their
families and friends with qualified and
caring VA responders. Call the toll-free
number, at 1-800-273-8255 and Press 1 to
speak with a trained VA responder and get
connected to services that can make a
difference. The Veteran/Claimant does not
need to be registered with VA or enrolled in
VA health care to use this resource.
If, you are speaking with a
Veteran/Claimant on the telephone and they
start talking about or alluding to committing
suicide, use the procedures in the M27-1,
Part I.3.11 for more information on how to
proceed with the call.
National Training Curriculum for FY14
Target Audience: VSRs, RVSRs, and
management
On August 21, 2013, Compensation Service
released FL 13-20, Compensation Service
National Training Curriculum for Fiscal
Year 2014. The Compensation Service
Training Staff, in coordination with the
Quality Assurance (QA) Staff and RO
participants, developed a curriculum that
includes technical and developmental
training specific to the employee position
and level of experience.
ROs should take steps to establish training
plans for FY 2014 in accordance with FL
13-20 and the standard operating procedure
(SOP) to ensure that employees complete
the designated number of national curricula
hours. ROs can use the online VBA
Learning Catalog to develop training plans
and search for appropriate courses for
employees. The VBA Learning Catalog can
be accessed at http://hvnc.gdit.com/lc/ and a
link is also available from the Compensation
Service Training homepage.
As a reminder, ROs are required to submit a
Training Plan for each target audience.
Training Managers must upload the RO
Training Plans to the Compensation Service
Training Staff SharePoint site within 45
work days of the release of this FL. This is
a change from calendar days as shown in the
Fast Letter. This change has been
announced to the Training Managers.
Challenge Training
Target Audience: VSRs, RVSRs, and
management
Challenge Session 2013-5 began on
Monday, August 27, 2013, for 42 VSRs
from various ROs. VSRs are in the
residency training in Baltimore currently
completing the Pre portion of their
training. Challenge for the VSR’s will
conclude on Thursday, September 26, 2013,
with students and instructors traveling on
Friday, September 27, 2013.
Challenge 2014-1 Instructor-led, Web-based
Training (IWT) for RVSR will begin on
Newsletter 13
Monday, September 16, 2013, and end on
Friday, October 25, 2013. On Monday,
October 28, 2013, the RVSR students will
travel to Baltimore to attend the four-week
resident portion of Challenge training.
VSR Challenge IWT will begin on Monday,
September 16, 2013. The IWT portion of
training will end on Friday, October 11,
2013. On Tuesday, October 15, 2013, the
VSR students will travel to Baltimore to
attend the six-week resident portion of
Challenge training. With the new IWT
format, ROs will not conduct any
prerequisite training prior to the start of
Challenge training.
Military Sexual Trauma (MST) Training
Requirement
Target Audience: VSRs, RVSRs, Decision
Review Officers (DROs) and management
Stations are reminded that all VSRs,
RVSRs, and DROs are required to complete
Military Sexual Trauma (TMS #1371104)
and Military Sexual Trauma VHA
Sensitivity Training (TMS
#1688383). This is a one-time mandated
training item. All current VSRs, RVSRs
and DROs are required to complete these
courses if they were not previously
completed. Anyone hired in the future for
one of these positions will be required to
take these courses if they did not complete
them in their prior position.
All personnel dedicated to processing
Military Sexual Trauma claims must also
complete MST Live Meeting: Markers
and Claim Development (TMS #2162964).
 
Skills Certification
Target Audience: VSRs, RVSRs, and
management
The following upcoming Skills Certification
events will require field support:
 Senior Veterans Service Representative
(SVSR), Item Writing Workshop, will
be held in Milwaukee from October 22 -
31, 2013.
 SVSR, Item Review Questionnaire
(IRQ), will be held online October 23,
2013.
 Coach, Cut Score Workshop, will be
held in Orlando from October 22 -24,
2013.
 JRVSR, Item Writing Workshop, will be
held in Orlando from October 22 -24,
2013.
Common Findings – Routine Future
Exams
Target Audience: CAs, VSRs, and
Management
On June 12, 2013 Compensation Service
rescinded FL 10-23, Discontinuance of
Sequential End Products (EPs). Therefore,
unless specifically authorized, more than
one EP should not be taken for the same
contention(s). For example, if there is an EP
020 pending for PTSD and Hearing Loss
and a routine future examination comes due
for PTSD, the RO should ensure all actions
are worked under the EP 020.
While conducting site visits, the
Compensation Service site visit staff has
found ROs improperly establishing an EP
310 in addition to a rating EP for same
contention. ROs should only establish an
EP 310 if there is no other rating EP pending
for the same contention.
Newsletter 14
Commendable
Target Audience: CAs, Intake Analysts
(IAs), VSRs, RVSRs, Quality Review
Teams (QRTs) Coaches, and Assistant
Coaches
In an effort to track and forecast mail
workload being sent to each of the lanes, the
Muskogee RO uses a daily mail count
spreadsheet, which consists of a main
summary tab and individual tabs for each of
the CAs. The CAs are responsible for
entering the number of pieces of mail
established, processed, and pending action
on their individual tab. The CAs’
information is tallied on the main summary
page and the summary page is sent out daily
to management to help them know what
kind of mail was processed, what is
expected to come to their lane, and what is
still pending.
An example of the main summary page
spreadsheet is included at the end of the
bulletin.
The Togus RO has implemented a mail
workload process where the IA places all
mail needing to be established in bins
labeled by each day of the week. The CAs
are responsible for zeroing out the current
day before starting on the next day. If they
are not able to zero out, they will finish
processing the mail the following day. This
practice ensures timely control of mail based
on date of claim.
In an effort to improve station quality and
transparency with both the local and national
quality review process, the Jackson RO
created a QRT SharePoint (SP) site and
made it available to all employees. Error
trends are tracked and training is provided
via the SP site. The site also contains
recently released training letters, FLs and
processing tips. Jackson’s rating accuracy at
the end of FY11 was 79.8 percent. The RO
has met or been within 10 percent of the
station target for rating accuracy each month
of FY12 and FY13.
M21-4
Target Audience: All claims processors
Compensation Service is in the process of
reviewing options to update the M21-4.
There are no tentative dates for completion
at this time.
Common Findings – Suspense Dates and
Reasons
Target Audience: CAs, VSRs, RVSRs, and
management
The Office of Field Operations (OFO)
provided guidance regarding the need to
update MAP-D with the appropriate
suspense dates and suspense reasons in June
2012. However, during site visits we have
found rating and non-rating EPs missing the
suspense dates and suspense reasons which
should be updated in MAP-D at the time of
claims establishment. In some instances, up
to 90 percent of certain EP groups were
missing suspense dates and suspense
reasons. These two items serve as a
reminder to ROs that these actions must be
taken in the processing of the claim and are
vital for workload management purposes.
Without effective management of suspense
dates and suspense reasons, there is a risk of
claims pending longer than necessary and
may potentially lead to inaccurate payment
benefits. ROs should ensure that suspense
dates and suspense reasons are being set
when a claim is established and updated
during the various cycle times. To ensure
compliance, ROs should provide reminders
Newsletter 15
and/or training to CAs and other employees
who are placing EPs under.
One-Year Old Claims Pending STAR
Review
Target Audience: CAs, VSRs, RVSRs,
QRTs, and management
In an effort to support the One-year old
claim initiative, the QA Office in Nashville
provides the following guidance.
If an RO has files included in the one-year
old claim initiative that have been requested
by the QA Staff, please hold the file until the
pending one year old claim is processed.
The RO should promptly notify the QA
Office which files are delayed due to the
initiative. The RO should send the QA
Office a follow-up report every month with
the status of the delayed files. As soon as
the one year old claim is complete, the RO
should immediately send the file to the QA
Office for review.
Reviews Completed by VA Office of
Inspector General (OIG)
Target Audience: CAs, VSRs, RVSRs,
QRT, and management
OIG routinely conducts site visits at RO
around the country. In some reviews OIG
cited errors on cases that the RO felt were
correct and in line with current guidance.
If during an OIG site visit, an error is cited
in which the RO does not agree, please
contact the QA staff to make arrangements
for the files to be reviewed by the STAR
staff. STAR has already conducted a review
for one office and disagreed with errors that
OIG cited.
New Open Compensation and Pension
(C&P) Examination Request Reports
Target Audience: CAs, VSRs, RVSRs, and
management
The Disability Examination Management
staff of Compensation Service, in
collaboration with our partners in the VHA
Office of Disability and Medical
Assessment, is now generating and
publishing Excel reports on open C&P exam
requests to our secure SP site. We first
made this announcement at the August 2013
VSCM and QRT Continuing Education
Program in Marietta, GA.
A separate Excel report is generated for each
requesting office that has open requests in
Compensation and Pension Records
Interchange (CAPRI), to include Individual
Disability Evaluation System (IDES) sites,
satellite offices, and other substations.
(Please see the guide Requesting Substation
Codes in CAPRI for the Purpose of Batch
Printing Examination Results published on
our CAPRI page for more information on
substations.)
Please note that substations will have their
own reports independent of their parent
stations (for example, records for VBA SUB
WEST PALM BEACH will not show in the
report for ST. PETERSBURG-RO, and vice
versa). Additionally, since a small handful
of RO are still set up as Veterans Affairs
Medical & Regional Office Centers
(VAMROCs) in CAPRI, you may have to
look for the name of your local VAMC to
find your VARO’s report (for example,
Honolulu VARO is set as VA PACIFIC
ISLANDS HCS in CAPRI).
This data is updated as VHA corporate data
is refreshed, which is currently twice per
Newsletter 16
week. The Excel reports are accessible from
the DEMO Secure SharePoint Reports
Library in the OpenExamRequests folder. A
link to the secure library can be found on the
Compensation Service C&P Examination
Process (DEMO) page.
If you have questions or need assistance,
please e-mail VAVBAWAS/CO/CAPRI.
Updates to Acceptable Clinical Evidence
(ACE)
Target Audience: CAs, VSRs, and RVSRs
Compensation Service revised FL 12-22, 
Using Acceptable Clinical Evidence (ACE)
http://vbaw.vba.va.gov/bl/21/publicat/Letter
s/FL12/FL12-022.doc on August 27, 2013.
Among the revisions is the inclusion of
pension claims as eligible for ACE and
notice that all of the DBQs have been
modified with check boxes for the rationale
of using ACE and identify the evidence
reviewed. These checkboxes are for the
clinician completing the DBQ/Evaluation.
VBA maintains the responsibility for
determining if an in-person examination is
required. When there is no requirement for
an in-person examination, VBA’s
responsibility is to communicate to VHA
that if it chooses to use the ACE process, it
must explain why it chose not to examine
the Veteran and what materials it reviewed.
If allowed by VBA, it becomes the
individual clinician’s determination as to the
use of ACE.
VSR’s and RVSR’s should not routinely
rule-out the use of ACE for particular types
of examination requests. Unless the case fits
one of the enumerated exclusions, or there is
a compelling reason why an in-person
examination must be conducted, we should
not prohibit ACE from being used. Any
evaluation conducted via the ACE process
provides the required information back to
VBA just as if the Veteran were physically
examined. Therefore, there is no need to
routinely exclude the use of ACE.
Direct questions to
VAVBAWAS/CO/DBQCOMMENTS.
Systems Compliance Errors (S1) for VSR
Individual Quality Reviews (IQRs)
Target Audience: VSRs, QRTs, and
management
VSR systems compliance is integral in our
effort to make sure that all systems correctly
reflect claim status. The current VSR
performance standards are in line with the
ASPEN programming which notes S1 as a
critical error. There has been no change to
the instructions or policy on calling the S1
error.
IQRs in VBMS
Target Audience: QRTs and management
VBMS does not have functionality to
identify cases for selection of IQR or to lock
the file during quality reviews. We are
developing future modifications to VBMS
that will assist the field with the quality
review process.
Please note that there is no change to the
current process for selecting cases for IQR
completed in VBMS. Cases for review
should be identified through the current
ASPEN process to obtain a random sample
for each employee. Once cases are
identified, the Quality Review Specialist
(QRS) should complete a review of the case
utilizing the electronic file information and
enter it into the ASPEN database.
Newsletter 17
Follow local procedures or the QRT SOP
attached to FL 13-18, Overview of Quality
Review Teams for any needed corrective
action. Also see QRT FAQ for VBMS
Contract Medical Exams
Target Audience: All
VBA and VHA have contracts in place to
complete medical disability examinations.
VBA has three Medical Disability Exam
Contracts: QTC, VetFed and Veterans
Evaluation Services (VES).
The major differences in the three contracts
are the source of funding and which
facilities can utilize the contracts. QTC and
VetFed are funded with mandatory funds via
Public Law 104-275. VES is funded with
general operating expenses (GOE) funds via
Public Law 108-183.
Ten ROs are authorized to use the
QTC/VetFed contract: Atlanta, Roanoke,
Muskogee, Los Angeles, San Diego,
Winston Salem, Houston, Seattle,
Providence, and Salt Lake City. QTC also
performs Benefits Delivery at Discharge
(BDD)/IDES exams in the jurisdiction of the
10 ROs on the QTC/VetFed contract.
Eight ROs are authorized to use the VES
contract: Cleveland, Denver, Des Moines,
Honolulu, Indianapolis, Lincoln, St Louis,
and Waco.
VHA has a separate Medical Disability
Exam Contract. If the VA medical center
(VAMC) cannot complete the exam request
in a timely manner, the VAMC may elect to
use one of the five providers on their
contract. QTC and VES are also providers
on the VHA contract. This sometimes leads
to confusion because QTC and VES are on
both the VBA and VHA contract.

If an exam request is submitted to a VAMC

via CAPRI , all follow up requests should be
directed to the VAMC, even if the VAMC
forwards the exam request to a contractor to
complete.

Fall is almost here!

   

Newsletter 18
 
 Muskogee Mail Count Spreadsheet 

   
Control
Rating EPs Non-rating EPs MAPD Mail NODs DIBC Mail Files - report on Thursdays Tim e
Files Average
pulled or Control
Cested Cested Processed Processed Processed Match review ed Tim e -
previous Pending previous Pending previous previous previous Mail File m ail Sequence for pending
Date w orkday Cest w orkday Cest w orkday Pending w orkday Pending w orkday Pending Pending pending Check relocation cases
08/01/13
08/02/13
08/05/13
08/06/13
08/07/13
08/08/13
08/09/13
08/12/13
08/13/13
08/14/13
08/15/13
08/16/13
08/19/13
08/20/13
08/21/13
08/22/13
08/23/13
08/26/13
08/27/13
08/28/13
08/29/13
08/30/13
Totals 0 0 0 0 0

Newsletter 19
 
Policy (211)
Herbicide-Related Disability Claims from
Veterans with Thailand Service
The pending court case of Haas v. Nicholson
concerns the issue of defining Vietnam service
and whether the presumption of herbicide
exposure will be extended to certain Vietnam-era
veterans who did not serve within the country of
Vietnam itself or on its inland waterways. These
veterans include those with naval service on the
offshore waters of Vietnam, often referred to as
“blue water” veterans, and those who supported
the war effort from outside Vietnam and
received a Vietnam Service Medal for their
support. Many of the veterans who received the
Vietnam Service Medal for support efforts
served in Thailand.
The Court of Appeals for Veterans Claims
granted VA a stay in the Haas case that placed a
hold on adjudicating claims that involve a
presumption of herbicide exposure from blue
water veterans and veterans with the Vietnam
Service Medal who served in Thailand. VA
Regional Office (VARO) personnel should be
aware that not all veterans who served in
Thailand received a Vietnam Service Medal and
that there is no statutory or regulatory
presumption of herbicide exposure based solely
on service in Thailand. Therefore, all claims of
herbicide exposure from veterans with Thailand
service should be considered on a direct facts
found evidentiary basis. M21-1MR, section
IV.ii.2.c.10.n, instructs VARO personnel to send
an inquiry in such claims to the C&P Service
Agent Orange Mailbox:
VAVBAWAS/CO/211/AGENTORANGE, prior
to adjudication. When no factual evidence for
exposure is available from the Agent Orange
mailbox, then a follow-up request should be sent
to the Army and Joint Services Records
Research Center (JSRRC).
Newsletter 2
When these inquiries result in sufficient direct
factual evidence of Thailand herbicide exposure,
then the exposure should be acknowledged and
the claim adjudicated. When these inquiries do
not result in sufficient evidence to confirm
exposure, then the claim can be adjudicated if
the veteran did not receive the Vietnam Service
Medal. However, when the veteran has received
the Vietnam Service Medal and the claim would
otherwise result in a denial of the benefit sought,
then the claim falls under the Haas stay. These
claims, as with other claims that fall under the
Haas stay, should not be adjudicated until a final
judicial decision and mandate has been issued in
the Haas case.
Further Definition of Vietnam “Blue Water”
Versus “Brown Water” Service for the
Purpose of Determining Agent Orange
Exposure
Some confusion has arisen among VA Regional
Office personnel regarding whether a veteran’s
service as a crewmember on a deep-water naval
vessel anchored temporarily in an open water
port along the coast of Vietnam, such as Da
Nang Harbor, is equivalent to service on the
inland waterways of Vietnam.
Please be advised that Da Nang Harbor and all
other harbors along the Vietnam coastline are
considered by C&P Service to be part of the
offshore “blue water” of Vietnam and not part of
the inland waterway system or “brown water” of
Vietnam.
To ensure fair and equitable treatment for all
veterans, VA has extended the presumption of
herbicide exposure only to those veterans who
actually served within the Republic of Vietnam,
or on its inland waterways, where herbicide use
is well documented. The United States Court of
Appeals for the Federal Circuit has upheld VA’s
determination that service in the offshore blue
water does not constitute service within the
country of Vietnam or on its inland waterways.
VA considers open deep-water coastal harbors,
such as those at Da Nang, Cam Ranh Bay, and
Vung Tau to be part of the offshore blue water of
Vietnam and not part of its inland waterway
system. Inland brown water service in Vietnam
refers to operations on rivers, estuaries, and delta
areas inside the country itself.
Therefore, under current policy and procedures,
the presence of a naval vessel in a Vietnam
coastal port, such as Da Nang Harbor, is not
sufficient to establish Agent Orange exposure
based on inland brown water service for a
veteran who served on that vessel.
For additional information on blue water versus
brown water service, see the September 2008
Addendum to the C&P Service Bulletin.
Impact of the Ellington v. Nicholson (No 04-
0403) and Ellington v. Peake (2008-7012)
decisions on inferred claims.
C&P Service has received a large number of
questions regarding the application of the
Ellington decisions on inferred claims. It must
be noted that the Ellington cases were not of
great significance to our processing of claims or
understanding of what should be considered a
claim. The Court explained that the informal
claim must be in writing, request a determination
of entitlement or evidence a belief in entitlement
to a benefit, and adequately identify the benefit
sought.
It is important to note that the Court also held the
following: “We do not hold that the submission
of a document in connection with a VA
examination could never constitute an informal
claim.” Further, the Court stated, “Indeed, a
veteran could file an informal claim by
sufficiently manifesting an intent to apply for
Newsletter 3
benefits for a particular disease or injury in a VA
form or questionnaire. However, those facts are
clearly not presented here.”
The Court and Federal Circuit have been clear in
their precedent opinions that a claim, whether
informal or formal, must be in writing. See
Brannon, MacPhee, Rodriguez, Criswell, et. al.
This requirement is also explicitly required
under 38 C.F.R. § 3.1(p).
Thus, the threshold question is, “What
constitutes in writing?” We believe that,
consistent with Ellington and related decisions,
once the, “communication or action,” is
transcribed in writing, such as via a VA Form
119 or the transcription of the VA examination
report, and the transcribed communication
requests a determination of entitlement or
evidences a belief in entitlement to a benefit, and
adequately identifies the benefit sought, an
informal claim has been raised. But it is
important to note that the communication or
action being transcribed, originates from the
veteran.
We also believe that this approach is in
accordance with our policy to sympathetically
consider all pleadings. Thus, if the veteran
makes a statement that meets the content
requirements of a claim as described above, and
the VA examiner or care provider transcribes
that statement into the record, the sympathetic
reading doctrine allows that to be considered an
informal claim.
Audiology Opinions
It has come to the attention of C&P Service that
some VA Regional Offices are asking
audiologists to provide opinions as to whether or
not hearing loss or tinnitus may be presumed
from the veteran’s Military Occupational
Specialty (MOS). Requesting an opinion about
presumption of hearing loss or tinnitus and MOS
is contrary to the findings of the Institute of
Medicine’s study, “Noise and Military Service:
Implications for Hearing Loss and Tinnitus,”
that stated that the evidence was not sufficient to
reach conclusions based on this relationship.
Please share this information with individuals
who request examinations/opinions in your
offices and ensure they know not to request this
type of opinion.
Procedures (212)
Change to VA Form 4107, Your Rights to
Appeal Our Decision.
The June 2008 version of the VA Form 4107,
Your Rights to Appeal Our Decision, contained
an error under the section, “What Is an Appeal to
the Board of Veterans’ Appeals?” The Board of
Veterans' Appeals has corrected the error in the
form’s November 2008 version. VA Regional
Offices should use the new form immediately
and not use prior versions. The revised VA
Form 4107 may be found on the One-VA Form
Website. We anticipate having the new version
of VA Form 4107 available via Jet Forms in
PCGL with the February 2009 installation.
AL Amyloidosis Future Diaries
As noted in the C&P Service Bulletins of
October and November 2008, the process of
adding Amyloid Light chain (AL) Amyloidosis
to the list of presumptive diseases under 38 CFR
3.309(e) is well underway. We have published
the proposed rule in the Federal Register (73 FR
65280) and are awaiting comments. We will
then respond to them and publish the final rule.
In the interim, VA Regional Offices that receive
claims of compensation for AL Amyloidosis
based on herbicide exposure should establish a
future end product (EP) 686 maturing on April
15, 2009. In Share, also remember to select the
Newsletter 4
“Corporate Flashes” function, and assign the
“NEHMER-AL AMYLOIDOSIS” flash.
Please contact Rhonda Ford of the Regulations
Staff if you have any questions.
Returned Cost-of-Living Adjustment (COLA)
Letters
Earlier this year, we advised VA Regional
Offices to collect all returned 2007 Cost-of-
Living Adjustment (COLA) letters. These
letters often contained only the last four digits of
the claim number for compensation and
Dependency and Indemnity Compensation (DIC)
awards still in BDN. Attempting to identify the
beneficiary with such incomplete information
would be time consuming and sometimes
virtually impossible. Therefore, station Records
Management Officers may now destroy these
2007 COLA letters in accordance with current
guidance, including Records Control Schedule
VB-1, Part I, Item number 13-052.400.
Hines will soon be releasing the 2008 COLA
letters, which will contain complete identifying
information. Follow current guidance (M21-
1MR Part III, Subpart iii, Chapter 1, Section B,
Topic 11, Block g) regarding any returned 2008
COLA letters and all other non-essential mail.
C&P Establishment of Future Control for
VR&E Motivational Outreach
C&P and VR&E Services are considering the
potential use of the End Product (EP) 810 work
item to control VR&E Motivational Outreach.
Until new procedures are finalized and
published, all VA Regional Offices should
follow the manual guidance already published.
Per M21-1 MR IX.i.1.A.6, inform veterans of
the availability and purpose of vocational
rehabilitation when:
 a rating results in an initial evaluation
 of 10 percent or greater, or increased
SC combined evaluation of 20 percent
or greater, other than a temporary
rating under paragraph 29 or 30 of the
rating schedule, or
 service connection for an additional
compensable disability, regardless of
whether there is a change in the
combined evaluation and the combined
evaluation is at least 20 percent, and a
DD Form 214, Certificate of Release
From Active Duty is received showing
the veteran has been retired from the
Armed Forces because of disability.
VR&E Service must meet with the veteran to
determine eligibility for 38 U.S.C. Chapter 31
services.
Currently, the authorizer must establish a future
date control for a 30-day period via the BDN
501 screen under EP 707, using reason code 30.
For VETSNET cases, the authorizer must use the
Share application to establish the 707 claim type,
using the reason 30 future suspense reason.
o Use a local control in those cases in
which BDN/Share control cannot be used.
o If a completed VA Form 28-1900 is
submitted prior to the control date, cancel
the control.
VR&E, on receipt of the control document,
initiates motivation activity by
 Requesting the claims folders as
necessary,
 Determining whether to visit the veteran
directly, or contact the veteran by
telephone or letter,
 Establishing an outreach record in each
case,
 Filing the original outreach record in the
Newsletter 5
claims folder, and
 Clearing the EP 707.
Data Collection for FL 08-40
Fast Letter (FL) 08-40, Combat-Related Special
Compensation (CRSC) and Concurrent
Retirement and Disability Pay (CRDP) Audit
Error Worksheet (AEW) Processing Procedures
Within the Veterans Service Network
(VETSNET), released on November 14, 2008,
described the process of submitting “Not Found”
Audit Error Worksheets (AEWs) data to the
VAVBAWAS/CO/212A mailbox.
The Process in FL 08-40:
Beginning November 21, 2008, all Area
Directors will submit an updated list of their
area’s “Not Found” AEWs to the
VBAVAWAS/CO/212A mailbox on the 3rd
Friday of each month. The Compensation
and Pension (C&P) Service will submit all
subsequent AEWs to the Area Directors’
mailboxes for dissemination to the regional
office of jurisdiction.
The New Process:
Beginning December 19, 2008, VA Regional
Offices (VAROs) must submit the updated
list of their “Not Found” AEWs to the
VBAVAWAS/CO/212A mailbox on the 3rd
Friday of each month. C&P Service will
provide subsequent AEWs to the Area
Directors’ mailboxes for dissemination to the
VARO of jurisdiction.
This change is effective immediately. Please
send any questions regarding this process to the
VAVBAWAS/CO/212A mailbox.
IVM Report Due
Last month we stated that December 26, 2008, is
the last day to submit the IRS Safeguard Activity
Report to VAVBAWAS\CO\212A. In light of
the President closing Executive Departments and
Agencies of the Federal Government on
December 26, 2008, this report is now due on
December 29, 2008. Any VA Regional Office
or Center that has or processes Income
Verification Match (IVM) files must submit the
report, described in M21-1MR, Part X, Chapter
10. If your office did not have any IVM files on
station at the end of Calendar Year (CY) 2008
and did not destroy any IVM materials during
CY 08, you may submit a negative Safeguard
Activity Report. Otherwise, if your office had
IVM files on station at the end of CY 2007 or
destroyed IVM materials during CY 2008, you
must submit the usual report.
Requesting Transfers of PLCP Claims
C&P Service has received information that
stations are requesting the claims folders of
paperless claims from the Rating Activity Sites
(RASs). Claims Assistants and Veteran Service
Representatives should not request claim folders
with the PLCP flash shown in COVERS.
Instead, they should forward the supplemental
claim to the respective RAS. Please remind
employees that once a claim has been rated in
the paperless environment, the RAS indefinitely
retains jurisdiction of the claim. The delays
caused by stations not forwarding supplemental
PLCP claims to the respective RAS are
adversely affecting development initiation time,
control time, and average days pending.
SSA Medical Records
The Social Security Administration (SSA) has
notified us of several issues regarding medical
Newsletter 6
records. Some VA Regional Offices (VAROs)
have requested that SSA cease sending medical
records via Compact Disc (CD) because of
various problems reading the CD. VARO staff
that cannot read a CD provided by SSA should
e-mail VAVBAWAS/CO/SSA. An employee
having problems with the CD player in his/her
Personal Computer (PC) should notify the
information technology staff to inspect it for
repair or replacement. Also, outbased offices
(mini-Veterans Service Centers) that request
SSA records should use the mailing address of
the VARO as the return address. VAROs are
responsible for ensuring prompt delivery of SSA
medical records to their outbased offices.
Month of Death Check for Surviving Spouse
Section 506 of Public Law 104-275 which
amended section 5310 of Title 38, United States
Code, states:
“Where a veteran receiving compensation or
pension dies after December 31, 1996, the
surviving spouse, if not entitled to death
compensation, dependency and indemnity
compensation, or death pension for the month of
death, shall be entitled to a benefit for that month
in an amount equal to the amount of
compensation or pension the veteran would have
received for that month but for his or her death.”
Many, if not all VA Regional Offices, have been
paying the month of death check to the surviving
spouse only when he or she requests it in writing
or by phone. Also, the VA Form 21-534,
Application for Dependency and Indemnity
Compensation, Death Pension and Accrued
Benefits, has been treated as a claim for the
month of death check.
Based on this practice, there is reason to believe
that many surviving spouses have not received
the month of death check for which they were
eligible. Effective immediately, any First Notice
of Death (FNOD) that is processed should be
screened in the Triage or Post-Determination
team for a potential eligible surviving spouse.
For cases in which the veteran was in receipt of
pension or compensation benefits at the 30% rate
or higher, this should be a relatively easy task as
dependency information is stored on these cases.
However, for cases in which the veteran was
receiving 20% compensation or lower, more
research may be needed.
If the Notice of Death (NOD) came in the form
of a death certificate, the existence of a surviving
spouse should be noted. Also, some VA Form
21-530s, Applications for Burial Benefits, VA
Form 21-2008s, Applications for United States
Flag for Burial Purposes, phone calls and written
notices will reveal that there is a surviving
spouse. In cases for which there is no indication
of a surviving spouse such as a death match for a
veteran receiving a 20% compensation benefit,
further development is required in the form of a
phone call or letter.
The screener should forward all cases with a
surviving spouse to the Post-Determination team
to process an award for the month of death check
using End Product (EP) 290 Payee 10.
C&P Service is working on clarification of VA’s
policy related to this statute and a means to
compensate surviving spouses who may be
unaware of their entitlement.
Training & Contract Exams (213)
Centralized Challenge Training Session
Session 2 of Centralized Challenge training will
be held January 27 – February 13, 2009, with
students traveling on January 26, 2009.
Stations that are sending students to Centralized
Challenge training should ensure those students
complete their prerequisite requirements prior to
Newsletter 7
arriving at centralized training. Prerequisite
requirements are posted to the C&P Training
Website Home Page a minimum of two weeks
prior to the start of a session.
Release of New EPSS on Due Process
A new Electronic Performance Support System
(EPSS) on Due Process was released to the field
on December 12, 2008. The new EPSS will be
located within the VSR Assistant. It includes a
step-by-step guide on working due process, both
pre-determination and post-determination on
many issues, such as incarceration, fugitive felon
and dependency. Users will be able to use flow
charts, which can be found by clicking on the,
"Resources," button on the top menu bar. When
Resources appear, open the job aid topic and
look for the flow chart. Users can print a copy of
the flow chart for a static version, or it can be
used interactively on-line, allowing the user to
quickly click through it. Under, “Resources,”
we have also included two Due Process Job
Aides, “Due Process Common Errors Job Aid”
and “VETSNET Apportionment Job Aid”. We
would like to thank our field subject matter
experts, Thomas Kenville from Cleveland and
Dottie Scanlan from Nashville for all of their
hard work. We look forward to your feedback
on the new EPSS, which may be sent to the C&P
Service Training mailbox at
VAVBAWAS/CO/C&PTraining.
Business Management (215)
COLA Adjustments
We sent a reminder on December 16, 2008, that
VETSNET COLA adjustments needed to be
complete by COB that date in order to apply to
the next benefit payment cycle. For cases not
adjusted within this timeframe, please work to
ensure that these are adjusted before January
end-of-month processing. The cutoff for BDN
cases is December 19, 2008.
850 Work Items
850 series work items were installed into
production in November. This new series of
work items represents VETSNET cases
requiring a manual COLA adjustment. We are
in the process of testing these in the VETSNET
Operations Reports (VOR) test environment and
predict they will be available shortly in VOR
production.
The 800 series desk reference guide has been
updated to reflect the 850s.
Veterans Services (216)
Status of Outreach Letters
Agent Orange
On November 4, 2008, Hines mailed
approximately 28,000 letters to “in-country”
Vietnam veterans who received treatment for
type II diabetes within the VHA health care
system, but were not currently receiving
compensation for the condition. Subsequently, a
match was conducted of those veterans who
were sent that outreach letter against C&P
records to determine how many veterans had
filed claims since the mailing. The match only
identified those veterans who had filed a claim
for an Agent Orange presumptive condition after
November 4, 2008 (date of the letter) as of
December 2, 2008:
Agent Orange claims pending – 497
Number of grants – 1
Number of denials – 0
Letters returned as undeliverable – 522
C&P Service is working with an outside vender
(Choicepoint) to obtain current addresses for a
second mailing to the 522 veterans whose letters
Newsletter 8
were returned.
Traumatic Brain Injury (TBI)
An outreach letter has been developed that
provides information on VA’s new evaluation
criteria for Traumatic Brain Injury (TBI). The
letter also provides information on how to
request a re-examination based on the new
criteria. This mailing will target all veterans
currently service-connected for diagnostic code
8045 (TBI). A data request has been submitted
to PA&I to identify those veterans. Results of
this search have not been received, but we
should have the data soon. We will advise
VAROs before a mailing occurs.
Radiation
The Defense Threat Reduction Agency (DTRA)
provided VA with a list of 2,182 veterans who
participated in US atmospheric nuclear testing
between 1945 and 1962. The list did not contain
all the information needed for this outreach
mailing. A radiation outreach letter has been
drafted and is being reviewed. The letter
provides information on the presumptive
conditions specific to radiation-exposed veterans
as well as radiogenic diseases associated with
ionizing radiation. We will advise VAROs
before a mailing occurs. Of the 2,182 records,
465 only had the first and last name and no other
identifying information. The remaining 1,717
were matched against C&P records to find living
veterans with award or pending claim
information. The match resulted in 266 veterans
who matched our search criteria and 1,451
veterans who did not match. Within the
unmatched group 708 were identified as
deceased and 743 as unknown. We are currently
working with an outside vender (Choicepoint) to
obtain current address information for the 743
veterans who are still living.