VETERAN ASSOCIATION ACCREDITATION EXAM
WITH VERIFIED ANSWERS
When Duty to Assist Does Not Apply - answer VA has no duty to assist a
| | | | | | | | | | | | | | |
claimant when there is no reasonable possibility that rendering assistance
| | | | | | | | | |
would substantiate his or her claim. (Ex: lacks qualifying service; fails to meet
| | | | | | | | | | | | |
other legal requirements; claim clearly lacks merit)
| | | | | | |
When VA's Duty to Assist Ends - answer VA's Duty to Assist a claimant ends
| | | | | | | | | | | | | |
when based on the merits of the claim and evidence of record, there is
| | | | | | | | | | | | | |
sufficient evidence to make a decision on the claim.
| | | | | | | | |
Development Process of VA Claims - answer the VA employee processing the| | | | | | | | | | |
claim for entitlement to VA benefits will attempt to gather all of the evidence
| | | | | | | | | | | | | |
that he or she is aware of that pertains to the claim and that will have a
| | | | | | | | | | | | | | | | |
bearing on the decision
| | | |
reasonable doubt - answer When the evidence is balanced equally for and
| | | | | | | | | | |
against establishing a particular fact
| | | | |
Primary Evidence - answer -Service records, including the DD-214 and service
| | | | | | | | | |
medical records
| |
-VA Health Care records, such outpatient treatment reports, diagnostic test
| | | | | | | | |
findings, and hospital summaries
| | | |
-A VA exam
| |
-Other Federal Records, such as Social Security Administration disability
| | | | | | | |
decisions
|
-Private physician treatment records or private hospital reports
| | | | | | |
-Third-party records |
-Lay statements that relate to an event the observer is qualified to observe
| | | | | | | | | | | |
,-The Veterans statement as it relates to events he or she is qualified to
| | | | | | | | | | | | |
observe
|
-Marriage, divorce, birth and death records | | | | |
Abandoned Claims - 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.
|
Notification - answer 38 CFR 3.103 requires VA to provide notice to the
| | | | | | | | | | | |
claimant of the decision made
| | | | |
Pension Requirements - answer In order to submit a claim for pension, the
| | | | | | | | | | | |
Veteran must have wartime service, be permanently and totally disabled (or
| | | | | | | | | | |
over age 65) and must have minimal income. If the Veteran is entitled to both
| | | | | | | | | | | | | | |
compensation and pension benefits, VA will automatically pay the greater
| | | | | | | | | |
benefit.
|
Service Pay - answer If the Veteran currently receives military retired pay, VA
| | | | | | | | | | | |
may reduce his or her retired pay by the amount of any compensation that is
| | | | | | | | | | | | | | |
awarded. It is to the Veteran's advantage because VA compensation is not
| | | | | | | | | | | |
taxable while retired pay is taxable. However, if the Veteran wishes to receive
| | | | | | | | | | | | |
military retired pay rather than VA compensation, the Veteran must elect to
| | | | | | | | | | | |
waive VA compensation or pension.
| | | | |
Alternate Signer - 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.
| | | | | |
,Eff Date within a year of separation - answer For original claims where the
| | | | | | | | | | | | |
Veteran has been separated for less than a year, if VA receives the application
| | | | | | | | | | | | | |
within one year of separation, VA can grant the award of benefits retroactively
| | | | | | | | | | | | |
to the day after the Veteran's separation from active service.
| | | | | | | | | |
complete list of forms that must be submitted for a claim, including non-
| | | | | | | | | | | |
original compensation claims - answer M21-1, Part III, Subpart ii, Chapter 2,
| | | | | | | | | | | |
Section B
| |
Non-Original Initial Claim - answer any complete claim, other than a | | | | | | | | | |
supplemental claim, for a benefit on a form prescribed by the Secretary, for a
| | | | | | | | | | | | | |
new condition or grant of a new benefit (never been claimed before) filed
| | | | | | | | | | | | |
after receipt of the original claim
| | | | | |
Supplemental Claim - answer any complete claim for a Department of | | | | | | | | | |
Veterans Affairs (VA) benefit on a prescribed application form where the
| | | | | | | | | | |
claimant or his/her authorized representative disagrees with the decision VA
| | | | | | | | | |
made on an initial or supplemental claim for the same or similar benefit on the
| | | | | | | | | | | | | | |
same or similar basis. Supplemental claims must be submitted on the
| | | | | | | | | | |
prescribed supplemental claim form, VA Form 20-0995, Decision Review
| | | | | | | | |
Request: Supplemental Claim.
| | |
new theory of SC - answer A new theory of SC (for example, when direct SC
| | | | | | | | | | | | | | |
was previously denied, and secondary SC is now claimed) is sufficient new
| | | | | | | | | | | |
and relevant evidence to satisfy the evidentiary threshold discussed in M21-1,
| | | | | | | | | | |
Part III, Subpart ii, 2.D.1.e
| | | | |
New Evidence - answer evidence not previously part of the actual record
| | | | | | | | | | |
before agency adjudicators at the time of the prior decision. Must be able to
| | | | | | | | | | | | | |
identify/submit w/ SCL forms.
| | | |
, Relevent Evidence - answer tends to prove or disprove a matter at issue in a
| | | | | | | | | | | | | |
claim. Relevant evidence includes evidence that raises a theory of entitlement
| | | | | | | | | | |
that was not previously addressed. Must be able to identify/submit w/ SCL
| | | | | | | | | | | |
forms.
|
Claim for Increase - answer Per 38 CFR 3.1(p)(1); a type of initial claim that
| | | | | | | | | | | | | |
requests an increase in a disability evaluation or rate of a benefit being paid
| | | | | | | | | | | | | |
based on a change or worsening in condition or circumstance since the last
| | | | | | | | | | | | |
decision issued by VA for the benefit. If Vet submits a SCL or HLR form, this is a
| | | | | | | | | | | | | | | | | |
continuously pursued claim under 38 CFR 3.2500(c).
| | | | | | |
Claims for Increase and Individual Unemployability Considerations - answer
| | | | | | | |
38 CFR 4.16; If after an increased evaluation has been granted, the Veteran
| | | | | | | | | | | | |
meets the schedular evaluation for IU, the rating board will review the claim
| | | | | | | | | | | | |
for possible entitlement to IU. If the Veteran is not working, and his or her
| | | | | | | | | | | | | | |
service connected disabilities meet the schedular requirement for entitlement
| | | | | | | | |
to IU, the rating board may defer its decision and direct that the claim be
| | | | | | | | | | | | | | |
developed for additional evidence to support potential entitlement.
| | | | | | | |
Unique Characteristics of the EZ Forms - answer 38 U.S.C. 5103 requires VA to
| | | | | | | | | | | | |
notify claimants of the evidence they must submit in order to establish
| | | | | | | | | | | |
entitlement to the benefit(s) they are seeking. The forms listed in M21-1 Part
| | | | | | | | | | | | |
III, Subpart I, 3.A are unique in that they provide this notice along with the
| | | | | | | | | | | | | | |
application for benefits, thereby eliminating the need for VA to: provide the
| | | | | | | | | | | |
notice after receiving the application & allow time for claimants to respond to
| | | | | | | | | | | | |
the notice.
| |
three types of live claims not covered by the 5103 notice - answer Higher level
| | | | | | | | | | | | | |
of Review, SMC, Hepatitis, and Permanent and Total (P&T). A 5103 Notice
| | | | | | | | | | | |
would be required if a Veteran was filing one of these types of claims.
| | | | | | | | | | | | | |
WITH VERIFIED ANSWERS
When Duty to Assist Does Not Apply - answer VA has no duty to assist a
| | | | | | | | | | | | | | |
claimant when there is no reasonable possibility that rendering assistance
| | | | | | | | | |
would substantiate his or her claim. (Ex: lacks qualifying service; fails to meet
| | | | | | | | | | | | |
other legal requirements; claim clearly lacks merit)
| | | | | | |
When VA's Duty to Assist Ends - answer VA's Duty to Assist a claimant ends
| | | | | | | | | | | | | |
when based on the merits of the claim and evidence of record, there is
| | | | | | | | | | | | | |
sufficient evidence to make a decision on the claim.
| | | | | | | | |
Development Process of VA Claims - answer the VA employee processing the| | | | | | | | | | |
claim for entitlement to VA benefits will attempt to gather all of the evidence
| | | | | | | | | | | | | |
that he or she is aware of that pertains to the claim and that will have a
| | | | | | | | | | | | | | | | |
bearing on the decision
| | | |
reasonable doubt - answer When the evidence is balanced equally for and
| | | | | | | | | | |
against establishing a particular fact
| | | | |
Primary Evidence - answer -Service records, including the DD-214 and service
| | | | | | | | | |
medical records
| |
-VA Health Care records, such outpatient treatment reports, diagnostic test
| | | | | | | | |
findings, and hospital summaries
| | | |
-A VA exam
| |
-Other Federal Records, such as Social Security Administration disability
| | | | | | | |
decisions
|
-Private physician treatment records or private hospital reports
| | | | | | |
-Third-party records |
-Lay statements that relate to an event the observer is qualified to observe
| | | | | | | | | | | |
,-The Veterans statement as it relates to events he or she is qualified to
| | | | | | | | | | | | |
observe
|
-Marriage, divorce, birth and death records | | | | |
Abandoned Claims - 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.
|
Notification - answer 38 CFR 3.103 requires VA to provide notice to the
| | | | | | | | | | | |
claimant of the decision made
| | | | |
Pension Requirements - answer In order to submit a claim for pension, the
| | | | | | | | | | | |
Veteran must have wartime service, be permanently and totally disabled (or
| | | | | | | | | | |
over age 65) and must have minimal income. If the Veteran is entitled to both
| | | | | | | | | | | | | | |
compensation and pension benefits, VA will automatically pay the greater
| | | | | | | | | |
benefit.
|
Service Pay - answer If the Veteran currently receives military retired pay, VA
| | | | | | | | | | | |
may reduce his or her retired pay by the amount of any compensation that is
| | | | | | | | | | | | | | |
awarded. It is to the Veteran's advantage because VA compensation is not
| | | | | | | | | | | |
taxable while retired pay is taxable. However, if the Veteran wishes to receive
| | | | | | | | | | | | |
military retired pay rather than VA compensation, the Veteran must elect to
| | | | | | | | | | | |
waive VA compensation or pension.
| | | | |
Alternate Signer - 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.
| | | | | |
,Eff Date within a year of separation - answer For original claims where the
| | | | | | | | | | | | |
Veteran has been separated for less than a year, if VA receives the application
| | | | | | | | | | | | | |
within one year of separation, VA can grant the award of benefits retroactively
| | | | | | | | | | | | |
to the day after the Veteran's separation from active service.
| | | | | | | | | |
complete list of forms that must be submitted for a claim, including non-
| | | | | | | | | | | |
original compensation claims - answer M21-1, Part III, Subpart ii, Chapter 2,
| | | | | | | | | | | |
Section B
| |
Non-Original Initial Claim - answer any complete claim, other than a | | | | | | | | | |
supplemental claim, for a benefit on a form prescribed by the Secretary, for a
| | | | | | | | | | | | | |
new condition or grant of a new benefit (never been claimed before) filed
| | | | | | | | | | | | |
after receipt of the original claim
| | | | | |
Supplemental Claim - answer any complete claim for a Department of | | | | | | | | | |
Veterans Affairs (VA) benefit on a prescribed application form where the
| | | | | | | | | | |
claimant or his/her authorized representative disagrees with the decision VA
| | | | | | | | | |
made on an initial or supplemental claim for the same or similar benefit on the
| | | | | | | | | | | | | | |
same or similar basis. Supplemental claims must be submitted on the
| | | | | | | | | | |
prescribed supplemental claim form, VA Form 20-0995, Decision Review
| | | | | | | | |
Request: Supplemental Claim.
| | |
new theory of SC - answer A new theory of SC (for example, when direct SC
| | | | | | | | | | | | | | |
was previously denied, and secondary SC is now claimed) is sufficient new
| | | | | | | | | | | |
and relevant evidence to satisfy the evidentiary threshold discussed in M21-1,
| | | | | | | | | | |
Part III, Subpart ii, 2.D.1.e
| | | | |
New Evidence - answer evidence not previously part of the actual record
| | | | | | | | | | |
before agency adjudicators at the time of the prior decision. Must be able to
| | | | | | | | | | | | | |
identify/submit w/ SCL forms.
| | | |
, Relevent Evidence - answer tends to prove or disprove a matter at issue in a
| | | | | | | | | | | | | |
claim. Relevant evidence includes evidence that raises a theory of entitlement
| | | | | | | | | | |
that was not previously addressed. Must be able to identify/submit w/ SCL
| | | | | | | | | | | |
forms.
|
Claim for Increase - answer Per 38 CFR 3.1(p)(1); a type of initial claim that
| | | | | | | | | | | | | |
requests an increase in a disability evaluation or rate of a benefit being paid
| | | | | | | | | | | | | |
based on a change or worsening in condition or circumstance since the last
| | | | | | | | | | | | |
decision issued by VA for the benefit. If Vet submits a SCL or HLR form, this is a
| | | | | | | | | | | | | | | | | |
continuously pursued claim under 38 CFR 3.2500(c).
| | | | | | |
Claims for Increase and Individual Unemployability Considerations - answer
| | | | | | | |
38 CFR 4.16; If after an increased evaluation has been granted, the Veteran
| | | | | | | | | | | | |
meets the schedular evaluation for IU, the rating board will review the claim
| | | | | | | | | | | | |
for possible entitlement to IU. If the Veteran is not working, and his or her
| | | | | | | | | | | | | | |
service connected disabilities meet the schedular requirement for entitlement
| | | | | | | | |
to IU, the rating board may defer its decision and direct that the claim be
| | | | | | | | | | | | | | |
developed for additional evidence to support potential entitlement.
| | | | | | | |
Unique Characteristics of the EZ Forms - answer 38 U.S.C. 5103 requires VA to
| | | | | | | | | | | | |
notify claimants of the evidence they must submit in order to establish
| | | | | | | | | | | |
entitlement to the benefit(s) they are seeking. The forms listed in M21-1 Part
| | | | | | | | | | | | |
III, Subpart I, 3.A are unique in that they provide this notice along with the
| | | | | | | | | | | | | | |
application for benefits, thereby eliminating the need for VA to: provide the
| | | | | | | | | | | |
notice after receiving the application & allow time for claimants to respond to
| | | | | | | | | | | | |
the notice.
| |
three types of live claims not covered by the 5103 notice - answer Higher level
| | | | | | | | | | | | | |
of Review, SMC, Hepatitis, and Permanent and Total (P&T). A 5103 Notice
| | | | | | | | | | | |
would be required if a Veteran was filing one of these types of claims.
| | | | | | | | | | | | | |
