Sorry for the mess!

The site is undergoing a massive update. All the content on the site still works but things just might look a little messy and disorganized. Most of the upgrades will probably be don by the end of the month. Thank you for your understanding!

Updated Aug 09, 2024

In This Section

  
This section contains the following topics:
 
Topic
Topic Name
1
2
 

1.  Basics of the VA Home Loan Program

Introduction

  
This topic contains information on the basics of the VA home loan program, including

Change Date

  
July 24, 2023

XIII.i.7.A.1.a.  VA’s Role Backing Home Loans

  
The Department of Veterans Affairs (VA) does not issue home loans.  It backs private loans by guaranteeing a portion of the loan, enabling the lender to provide favorable terms.  Service members, Veterans, and eligible surviving spouses may qualify for a VA-backed home loan.

XIII.i.7.A.1.b.  Roles in Administering the VA Home Loan Program

  
VA’s home loan program is administered primarily by regional loan centers (RLCs) operating under guidance from VA’s Loan Guaranty Service.
 
An RLC may request that a regional office (RO) make certain determinations regarding basic eligibility factors, such as disability for discharge and character of discharge (COD).
 
References:  For more information on

XIII.i.7.A.1.c.  Finding Information on General Eligibility Requirements

  
The Veterans Benefit Administration VA Home Loans page contains detailed information on the full eligibility criteria and entitlement.
 
References:  For more information on

XIII.i.7.A.1.d.  COE

  
A Certificate of Eligibility (COE) verifies to the lender that the Veteran or claimant is eligible for a VA-backed loan.  The RLCs are responsible for processing both paper and electronic COE applications.
 
Information on applying for a COE and the evidence needed to apply can be found through the VA Home Loans page.

XIII.i.7.A.1.e.  VA Home Loan Program Application Forms

  

XIII.i.7.A.1.f.  Initial RLC Actions Upon Receipt of an Application

  
The RLC may request a determination concerning the claimant’s basic eligibility from an RO, if
  • they receive a request for a COE through a VA claims submission service website or a paper application, and
  • a basic eligibility determination listed in M21-1, Part XIII, Subpart i, 7.A.2.a–d is required.

XIII.i.7.A.1.g.  Content Required for RLC Requests for Determinations of Eligibility

  
The RLC’s request to an RO for a determination of eligibility must contain specific content including the
  • name and address of the person applying for a COE, and
  • Veteran’s
    • full name, and
    • claims folder number.
Note:  If a deceased Veteran’s claims folder number is unknown to the applicant, the request must include the Veteran’s
  • Social Security number
  • branch of service, and
  • date(s) of
    • enlistment and discharge, or
    • death and service number.

XIII.i.7.A.1.h.  RLC Responsibility to Provide Notice of Eligibility Determinations

  
The RLC informs the claimant of the outcome of a basic eligibility determination made by the RO.

2.  Responsibilities of RO Divisions Involving the VA Home Loan Program

Introduction

  
This topic contains information on RO division responsibilities in the VA home loan program, including

Change Date

  
August 9, 2024

XIII.i.7.A.2.a.  VSC Responsibility for Home Loan Determinations

  
The table below provides information on determinations that the VSC makes under end product (EP) 290 when requested by an RLC.
 
If the determination requested is …
Then use the claim label …
discharge of a Veteran for disability, subject to presumption of incurrence or aggravation, as required under 38 CFR 3.315(b)
Discharge for Disability – LGY (290DODLGY).
discharge of a service member participating in the Benefits Delivery at Discharge (BDD) program for disability, subject to presumption of incurrence or aggravation, as required under 38 CFR 3.315(b)
LGY Determination – BDD (290LGYBDD).
 
References:  For more information on

XIII.i.7.A.2.b.  BEST Responsibility for Home Loan Related Determinations

  
The benefit eligibility support team (BEST) division makes COD determinations under EP 290 when
Use the claim label Character of Discharge – LGY (290CODLGY).
 
References:  For more information on

XIII.i.7.A.2.c.  DRAS Responsibility for Home Loan Related Determinations

  
When requested by an RLC, a disability rating activity site (DRAS) makes determinations under EP 290 of discharge for disability subject to presumption of incurrence or aggravation, as required under 38 CFR 3.315(b) for service members who have not been released from active duty and who are participating in the Integrated Disability Evaluation System (IDES) program.
 
Use the claim label Pre-Discharge LGY Determination – IDES (290LGYIDES).
 
References:  For more information on

XIII.i.7.A.2.d.  PMC Eligibility Determinations for Surviving Spouses

  
The PMC of jurisdiction makes the necessary determinations upon request by the RLC, in response to a surviving spouse’s application, if
  • a determination as to service-connected (SC) death and relationship was not previously made, and
  • no legal bar is shown.

XIII.i.7.A.2.e.  Development for Certification Purposes

  
Use the table below to determine what action to take to develop a case for certification purposes.
 
If …
Then …
an issue has not been disposed of in a prior rating
a rating decision is required.
 
Reference:  For more information on VA home loan program rating decisions, see M21-1, Part XIII, Subpart i, 7.A.2.f and g.
  • a formal claim for Dependency and Indemnity Compensation or death compensation was not filed, or
  • a rating decision as to SC death has not been made
refer the claim to the rating activity for a determination as to service connection for the cause of death for the purpose of eligibility for a VA-backed home loan.
 
Note:  If certification cannot be issued because of a legal bar, do not refer the case for an SC death rating, as the issue is immaterial.
ask the claimant to furnish evidence to establish
  • the date and place of marriage to the Veteran, and
  • the date, place, and manner of dissolution of prior marriages of either party, if any.
the only information required is to establish that the surviving spouse
ask the surviving spouse for a signed statement on a VA Form 21-10210, Lay/Witness Statement
  • that the spouse has not remarried since the date of the Veteran’s death, or
  • providing the information necessary to establish eligibility under 38 CFR 3.55(a)(10).
Note:  A responsive statement on VA Form 21-4138, Statement in Support of Claim, is also acceptable.
 
Reference:  For more information on remarriage of a surviving spouse, see M21-1, Part VII, Subpart i, 2.E.
  • the request is for a determination based on eligibility requirements for a Veteran who is missing in action (MIA) or captured, and
  • a claims folder does not exist
  • use the Personnel Information Exchange System to send to the appropriate branch of service a request using code O99
  • enter Include cert of listing for more than 90 days as MIA, captured in-line-of-duty (ILOD) by hostile force, and/or forcibly detained or interned ILOD by foreign govt or power when completing the request, and
  • perform any additional required development concurrently with submission of the request for service information.
 

XIII.i.7.A.2.f.  When a Rating Decision Is Required

  
A rating decision is required when the RLC requests an eligibility determination as to whether
  • the Veteran’s death was SC
  • discharge or release from active duty was because of an SC disability, or
  • a service member hospitalized pending final discharge has an SC disability that would justify discharge or release.

XIII.i.7.A.2.g.  Instructions for Preparing the Rating Decision

  
Prepare the rating decision in the Veterans Benefits Management System – Rating by selecting Other for CATEGORY, and Ancillary Benefits for SUBJECT.  This will generate the statement “Eligibility for loan guaranty benefits [is][is not] established” in the Codesheet.
 
Important:  Do not make the rating decision for home loan benefits a part of any other rating decision.
 
Note:  A copy of the rating decision will only be furnished to the RLC upon request.  The VSC will update the corporate record, as appropriate, to show that the Veteran was released or discharged from service because of a disability.
 
Reference:  For more information on preparing memorandum ratings based on a review of available medical evidence for loan guaranty claims involving separating service members, see

XIII.i.7.A.2.h.  Making Basic Eligibility Determinations

  
Use the table below to make basic eligibility determinations.
 
If …
Then …
basic eligibility is shown
  • furnish the signed certification to the RLC, and
  • file a copy in the claims folder or ensure a copy is uploaded into the eFolder, as appropriate.
basic eligibility is not shown
notify the RLC of the reason why the certification cannot be furnished.
the basic eligibility determination is pending
notify the RLC of the reason why the certification cannot be furnished at this time.
 
Note:  If a determination is pending, furnish the RLC notification of the outcome after the determination is made.
 
References:  For more information on
 

XIII.i.7.A.2.i.  Providing Certification

  
If basic eligibility is shown provide certification to the requesting RLC at the e-mail address(es) listed on their request.
 
Note:  Send the surviving spouse VA Form 21P-534 or VA Form 21P-534EZ  when
  • basic eligibility is shown because of SC death, and
  • there is no indication that this form was furnished previously.
References:  For more information on

XIII.i.7.A.2.j.  Limit on the Number of Certifications That May Be Issued