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(DIC), Survivors Pension and accrued benefits forms (Initial) - CORRECT ANSWER: -
21P-534,
-21P-534a,
-21P-534EZ,
-21P-535, Application for Dependency and Indemnity Compensation by Parent(s)
(Including Accrued Benefits and Death Compensation when Applicable),
-21P-601, Application for Accrued Amounts Due A Deceased Beneficiary, for accrued
benefits only.
§1111. Presumption of sound condition - CORRECT ANSWER: every veteran shall be
taken to have been in sound condition when examined, accepted, and enrolled for
service, except as to defects, infirmities, or disorders noted at the time of the
examination, acceptance, and enrollment, or where clear and unmistakable evidence
demonstrates that the injury or disease existed before acceptance and enrollment and
was not aggravated by such service.
20-0996, Decision Review Request: Higher-Level Review - CORRECT ANSWER:
associated with a request for higher-level review of a prior decision
21-8940, Veteran's Application for Increased Compensation Based on Unemployability. -
CORRECT ANSWER: VA Form 21-8940 is not required to claim individual
unemployability (IU). However, submission of VA Form 21-8940 by the Veteran is
required in the course of development of the IU claim and for the award of TDIU
benefits.
,21P-527EZ Application for Pension - CORRECT ANSWER: VA Form 21P-527EZ
provides claimants with the notice 38 U.S.C. 5103 requires for the following types of
Veterans Pension claims:
-Veterans Pension
-Special monthly pension (SMP) based on the
-Need for aid and attendance
-Status of being housebound
-Additional Veterans Pension benefits for a Veteran with a child incapable of self-
support
21P-534EZ Application for DIC, Survivors Pension and/or Accrued Benefits - CORRECT
ANSWER: provides claimants with the notice 38 U.S.C. 5103 requires for claims for the
following types of survivors benefits:
-Survivors Pension
-accrued benefits
-Dependency and Indemnity Compensation (DIC) for death related to the following
types of service:
-active duty
-active duty for training, or
-inactive duty training
-DIC under 38 U.S.C. 1318
-DIC under 38 U.S.C. 1151
-Survivors Pension and parents' DIC
-additional survivors benefits based on the need for aid and attendance, or status of
being housebound, and
-benefits for a deceased Veteran's child incapable of self-support.
38 C.F.R. - CORRECT ANSWER: Part 3 (Adjudication) and Part 4 (schedule for rating
disabilities) are most used
,38 CFR Part 3 - CORRECT ANSWER: Adjudication; outlines regulatory guidance that
directs all adjudicative activities, procedures and functions performed by VA
38 CFR Part 4 - CORRECT ANSWER: Schedule for Rating Disabilities; outlines
regulatory guidance that serves as the framework for how SC disabilities for VA
purposes are rated and evaluated
A Veteran had 24 continuous months of active duty which ended on August 3, 1990.
Does this Veteran's service qualify for pension? - CORRECT ANSWER: Yes. The
Veteran served 24 continuous months of active duty that ended during a wartime period;
therefore, the minimum active duty service requirement is met. The wartime service
requirement is also met because the Veteran served at least 90 consecutive days that
ended during a wartime period.
Abandoned Claims - CORRECT ANSWER: 38 CFR 3.158; A claim will be considered
abandoned when evidence requested in connection with an original claim, a claim for
increase or to reopen or for the purpose of determining continued entitlement is not
furnished within 1 year after the date of request. After the expiration of 1 year, further
action will not be taken unless a new claim is received.
Agent Orange Exposure - CORRECT ANSWER: The specific time period during which
herbicide exposure in the RVN may be presumed is the period beginning on January 9,
1962, and ending on May 7, 1975. There is no requirement for a specified length of
service, duty, or visitation in the RVN under 38 CFR 3.307(a)(6)(iii). A Veteran must
have had actual duty or visitation in the RVN or on its inland waterways to qualify for the
presumption of exposure to herbicides under 38 CFR 3.307(a)(6).
ALS with at least 90 days of continuous active service presumptive reg - CORRECT
ANSWER: 38 CFR 3.318
Alternate Signer - CORRECT ANSWER: Public Law (PL) 112-154, Section 502,
amended 38 U.S.C. 5101 to authorize VA to accept an alternate signature on behalf of
claimants or beneficiaries who are under age 18; lack the mental capacity to provide
substantially accurate information needed to complete a form or to certify that the
, statements made on a form are true and complete, or are physically unable to sign a
form.
Ancillary Benefits at Issue - CORRECT ANSWER: secondary benefits that are
considered when evaluating claims for comp, pen, DIC.
Appeal Time Limits - CORRECT ANSWER: The claimant has either 60 days from the
date of the statement of the case (SOC), or one year from the date of letter from the
AOJ, whichever is longer, to submit the VA Form 9. So, for example, the letter from the
AOJ is dated November 20, 2015, the NOD is sent December 10, 2015, and the SOC is
dated January 25, 2016; in this situation, the claimant has until November 19, 2016, to
submit the VA Form 9.
Apportionment and POA - CORRECT ANSWER: If your organization holds power of
attorney (POA) for the Veteran you cannot also represent the apportionee. If the
Veteran is paying child support or alimony as required by a court decision, it is unlikely
that an apportionment will be made.
apportionment form - CORRECT ANSWER: 21-0788, Information Regarding
Apportionment of Beneficiary's Award.
Apportionments - CORRECT ANSWER: Veterans' dependents can, under certain
circumstances, request an apportioned share of the Veteran's benefits to be paid
directly to them. In most cases, the request for apportionment will be predicated on the
(claimed) non-support of the apportionee by the Veteran. An apportionment will not be
granted if doing so will cause a hardship for the Veteran.
Asbestos - CORRECT ANSWER: -If the Veteran has minimal exposure, VA will request
the entire personnel file prior to scheduling any exams to determine if the Veteran did
other jobs.
-While the MOS is considered, VA will also review other evidence available as
personnel file and STRS may show exposure.