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Updated Nov 04, 2024

In This Section

  
This section contains the following topics:
 
Topic
Topic Name
1
2
3
4
 

1.Applications for Benefits

Introduction

  
This topic contains information on applications for benefits, including

Change Date

  
November 4, 2024

II.iii.1.A.1.a.  Requirements for a Complete Claim Received on or After March 24, 2015

  
Effective March 24, 2015, the Department of Veterans Affairs (VA) only recognizes compensation, pension, survivors, and related claims if they are submitted on the required standard forms.
 
Use the table below to determine the correct VA form to use based on the type of benefit sought by the claimant.
 
If the benefit sought is …
Then the prescribed form is VA Form …
  • service connection (SC) (initial)
  • increased evaluation, or
  • a claim for a permanent and total (P&T) rating
associated with a supplemental claim
associated with a request for higher-level review of a prior decision
temporary total disability rating (paragraph 29 and 30 benefits)
 
Note:  Receipt of a Report of Hospitalization at a VA hospital or military treatment facility will prompt review for entitlement to a temporary evaluation under 38 CFR 4.29 and 38 CFR 4.30 without a claimant’s submission of a claim.
 
References:  For more information on
total disability rating based on individual unemployability (TDIU)
TDIU can also be claimed on VA Form 21-526EZ.
 
Notes:
  • 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.
  • VA Form 21-8940 is not an acceptable standard form for a claim for increase in the evaluation of a disability independent of a claim for IU.  However, as a part of adjudication of the TDIU issue, the evaluation of the service-connected (SC) disabilities claimed to cause unemployability must be considered.
References:  For more information on
child incapable of self-support benefits
Note:  Information about a child incapable of self-support submitted by a Veteran on a timely received December 2017 or earlier version of VA Form 21-0538, Mandatory Verification of Dependents, will be sufficient to initiate a claim to add the dependent(s) to the Veteran’s award.
Veterans Pension (initial)
dependency and indemnity compensation (DIC), Survivors Pension and accrued benefits (initial)
Notes:
 
income adjustments for running pension awards or to supplement initial applications (income/asset/net worth, liberalized legislation)
Exception:  VA does not require beneficiaries to use a specific form to report a change in income that will result in a decrease in benefits.  A beneficiary may report such changes
  • in writing
  • by telephone or e-mail, or
  • through a VA claims submission service website.
burial benefits (initial)
specially adapted housing (SAH) or special housing adaptation (SHA)
SAH/SHA can also be claimed on VA Form 21-526EZ.
 
Important:
  • VA Form 26-4555 or 26-4555c can be used as a standalone initial claim.
  • VA Form 26-4555 or 26-4555c is a claim for both SAH and SHA.
    • A grant of SAH renders the issue of SHA moot since SAH is the greater benefit.  SHA need not be addressed when SAH is granted.
    • If SAH is denied, the rating decision must address both SAH and SHA.
Note:  When eligibility is being determined in response to a request from a regional loan center referral, VA Form 26-4555 or 26-4555c is not required in the claims folder.
 
Reference:  For more information on issues that may arise from consideration of VA Form 26-4555, see M21-1, Part II, Subpart iii,1.A.3.c.
auto allowance
 
Auto allowance can also be claimed on VA Form 21-526EZ.
 
Important:  VA Form 21-4502 is required for the award of benefits and can be used as a standalone form for initial auto allowance claims.
 
Reference:  For more information on issues that may arise from consideration of VA Form 21-4502, see M21-1, Part II, Subpart iii, 1.A.3.c.
special monthly compensation (SMC) for housebound/aid and attendance (A&A) including spousal A&A
Reference:  For more information on reviewing VA Form 21-2680 to identify the benefit sought, see M21-1, Part II, Subpart iii, 1.A.3.a–c.
SMC for housebound/A&A for DIC benefits
Note:  VA Forms 21-2680 and 21-0779 are acceptable for SMC only when there is an active DIC claim or running DIC award.
 
Reference:  For more information on reviewing VA Form 21-2680 to identify the benefit sought, see M21-1, Part II, Subpart iii, 1.A.3.a–c.
special monthly pension (SMP) for housebound and/or A&A
Note:  VA Forms 21-2680 and 21-0779 are acceptable for SMP only when there is an active pension claim or running pension award.
 
Reference:  For more information on reviewing VA Form 21-2680 to identify claims for SMP and SMC, see M21-1, Part II, Subpart iii, 1.A.3.a–c.
spina bifida
apportionment
dependents
Notes:
  • Past versions of VA Form 21-0538, dated December 2017 or earlier, when timely submitted, could be used to initiate the process of adding a dependent to an award.
  • A VA Form 21-674 can be accepted as a standard form for a school child claiming DIC in their own right if the child was previously on a surviving spouse’s DIC award.
 
References:  For more information on

II.iii.1.A.1.b.  Situations Not Requiring a Prescribed Form

  
A prescribed claim form is not required for
  • review based on clear and unmistakable error (CUE)
  • substitution
  • a finding of incompetency received from a first or third party, and
  • information that will result in a reduction in benefits, such as
    • removal of a dependent
    • a report of hospitalization at VA expense
    • a report that a beneficiary is a patient in a Medicaid-covered nursing home, or
    • a request to be reduced to the $90 rate.
References:  For more information on

2.  Principles for Application Review

Introduction

  
This topic contains information on reviewing applications to determine the benefit sought, including

Change Date

  
November 4, 2024

II.iii.1.A.2.a.  Using a Claimant’s Entries on VA Form 21-526 to Determine Which Benefit the Claimant Is Seeking

  
VA Form 21-526, Veteran’s Application for Compensation and/or Pension, was discontinued effective February 19, 2019.  Use the table below to determine whether a claimant’s entries on VA Form 21-526 constitute a claim for disability compensation, Veterans Pension, or both, for forms accepted prior to February 19, 2019.
 
If the claimant …
Then consider the application a claim for …
asserts a relationship between service in the armed forces and an
  • illness
  • disease, or
  • injury
Example:  The claimant provides dates of treatment that fall within the period of service.
compensation only.
  • claims to be totally disabled without indicating that this is due to service in the armed forces, and
  • furnishes information about
    • employment, and/or
    • income, or
  • has attained age 65, claims no disability, and furnishes information about
    • employment, and/or
    • income
pension only.
  • asserts a relationship between service in the armed forces and an
    • illness
    • disease, or
    • injury
  • claims to be totally disabled, and
  • furnishes information about
    • employment, and/or
    • income
compensation and pension.
completes all or a portion of
  • Part II of the application, which deals with service-related disabilities, and
  • Parts VII through X of the application, which deal with
    • income
    • net worth, and
    • deductible expenses
compensation and pension.
requests dental treatment only
dental treatment only and follow the procedures at M21-1, Part XIII, Subpart i, 4.B.1.a.
 
Reference:  For more information on claims involving dental conditions only, see
 
Note:  If any doubt exists as to which benefit a claimant is seeking, ask the claimant for clarification.
 
Reference:  For more information on handling discontinued forms, see M21-1, Part II, Subpart i, 2.B.4.

II.iii.1.A.2.b.  Discretionary Application of 38 CFR 3.151(a)

  
38 CFR 3.151(a) instructs that a claim for compensation may be accepted as a claim for Veterans Pension and vice versa.  Application of this provision of 38 CFR 3.151(a) is discretionary.  Not all claims for Veterans Pension are necessarily claims for compensation and vice versa.
 
Consider the following three criteria when deciding whether VA will make the discretionary decision to apply 38 CFR 3.151(a) in the context of the Standard Claims and Appeals Forms rule.
  • Regardless of which claims form is submitted, the information on the claim must constitute a substantially complete claim for the unclaimed benefit being considered under 38 CFR 3.151(a).
    • If VA Form 21P-527EZ is accepted as a claim for compensation, the claim form must include information that would otherwise be included on a claim for compensation.
    • If VA Form 21-526EZ is accepted as a claim for Veterans Pension, the claim form must include information that would otherwise be included on a claim for Veterans Pension including income information.
  • The evidence of record must establish a likelihood that the benefit will be granted.
  • The claim must be reasonably interpreted to reflect an intent to claim benefits for the issue at hand.  Generally, this is reflected via the claimant listing the issue on the claim form.
Important:  If all of the above criteria are not met, then the discretionary application of 38 CFR 3.151(a) is not warranted.  In situations where the
  • discretionary application of 38 CFR 3.151(a) is not warranted and the claimant has submitted an improper form for application for a benefit, follow the request for application procedures at M21-1, Part II, Subpart iii, 2.G.1, or
  • evidence shows the presence of a chronic, unclaimed disability but the claimant has not expressed an intent to claim a benefit, solicit a claim per M21-1, Part II, Subpart iii, 2.G.2.
Note:  For DIC and Survivors Pension, the claims provisions are not discretionary.
 
References:  For more information on

II.iii.1.A.2.c.  Processing Additional Correspondence Received With a Prescribed Form

  
A claimant may submit additional correspondence, including but not limited to, statements and other prescribed forms, in conjunction with a prescribed form that identifies additional claimed issues.  VA may accept the additional issues as part of the claim when
  • received at the same time as a substantially complete prescribed form appropriate to the benefit sought, and
  • intent to claim the issue(s) is explicitly or implicitly expressed, considering the context of the submission.
Follow the procedures in M21-1, Part II, Subpart iii, 2.G, when the additional correspondence requests a benefit without the appropriate prescribed form required for the benefit requested.
 
Important:
  • Forms that require a signature must be signed, without regard to other accompanying forms bearing a signature.
  • When a claimant’s signature is included on a prescribed form but a POA’s signature is on additional correspondence other than a prescribed form a POA has legal authority to sign (such as a VA Form 20-0995), do not presume that the additional issues were intended to be submitted as part of the application package.  In this situation, additional issues submitted and signed by a POA that are not on an appropriate prescribed form should be treated as a request for application.
  • The following do not, alone, show intent to claim an issue(s):
    • listing of non-service-connected (NSC) issues on a VA Form 21-8940, and/or
    • submissions of medical evidence, such as private or VA treatment records or disability benefits questionnaires.
Note:  When the source of additional correspondence received with a prescribed form cannot be ascertained, presume it is from the same source as the prescribed form unless there is evidence to the contrary.
 
References:  For more information on

II.iii.1.A.2.d.  Examples:  Situations Involving Additional Correspondence Received With a Prescribed Form

  
Example 1:  A Veteran submits a claim for increase for SC right elbow condition on a VA Form 21-526EZ, also listing the previously denied SC issue of migraines, explaining migraines resulted from an in-service injury.  At the same time the Veteran submits a supplemental claim for a previously denied SC right hip condition on a VA Form 20-0995, also listing SC for depression (not previously claimed) due to their SC back condition, and includes private treatment records.
 
Analysis:  Migraines can be accepted as a supplemental claim because the VA Form 20-0995 is the prescribed form for supplemental claims, potentially new evidence was received, and the VA Form 21-526EZ was submitted at the same time as the prescribed VA Form 20-0995.  Depression can be accepted as an initial claim for SC because the VA Form 21-526EZ is the prescribed form for initial SC, and the VA Form 20-0995 was submitted at the same time as the prescribed VA Form 21-526EZ.
 
Example 2:  Same scenario as Example 1, except the Veteran also submits a VA Form 21- 10210, Lay/Witness Statement, at the same time, claiming SC for right wrist condition (not previously denied).  The Veteran also states VA previously denied SC for a left knee condition on a direct basis and requests it be considered secondary to the SC back condition.
 
Analysis:  The right wrist condition can be accepted as a claim for SC because the VA Form 21-526EZ is the prescribed form for initial SC and the VA Form 21-10210 was received at the same time as the VA Form 21-526EZ.  Left knee condition can be accepted as a supplemental claim because the VA Form 20-0995 is the prescribed form for supplemental claims, potentially new evidence was received, and the VA Form 21-10210 was received at the same time as the VA Form 20-0995.
 
Example 3:  A Veteran submits a claim for an increase for SC right and left knee patellofemoral pain syndrome, and lumbosacral strain on a VA Form 21-526EZ.  The Veteran also submits a VA Form 21-10210, at the same time as the VA Form 21-526EZ that describes the worsening of the disabilities as well as a new right hip condition caused by an altered gait related to the knee conditions.
 
Analysis:  The right hip condition can be accepted as a claim because the VA Form 21-526EZ is the prescribed form for initial SC disabilities and the VA Form 21-10210 was submitted at the same time as the prescribed VA Form 21-526EZ.
 
Example 4:  A Veteran submits an initial claim for SC for cervical spine strain on a VA Form 21-526EZ.  One day later, the Veteran submits a VA Form 21-10210 for SC for anxiety disorder.
 
Analysis:  VA Form 21-10210 is not the prescribed form for initial claims for SC.  Additionally, the VA Form 21-10210 was not received at the same time as the prescribed VA Form 21-526EZ.  The VA Form 21-10210 would be processed as a request for application in accordance with M21-1, Part II, Subpart iii, 2.G.

II.iii.1.A.2.e.  Receipt of EZ Form Requesting a Different Benefit Application

  
The VA Form 21-526EZ and VA Form 21P-527EZ contain instructions for the claimant to request a different benefit application.
 
Use the table to determine what action must be taken upon receipt of such notice.
 
If the VA Form …
Then send the claimant a request for application letter and attach …
21-526EZ has “Pension” written
  • at the top of the form, or
  • in the claimed disabilities section
21P-527EZ has “Will claim compensation – send VA Form 21-526EZ” written
  • at the top of the form, or
  • in the claimed disabilities that prevent you from working section
 
Reference:  For more information on requests for applications, see

II.iii.1.A.2.f.  Considering Unclaimed Theories of SC

  
Although there may be multiple theories or means of establishing entitlement to a benefit for a disability, if the theories all pertain to the same benefit for the same disability, they constitute the same claim.  A claim for SC encompasses all potential theories of SC, whether claimed or unclaimed.
 
When a claimant has claimed SC for an issue, the evidence of record must be reviewed to determine the scope of that claim.  All claims must be liberally read to consider other potential theories of SC.
 
Although VA is obligated to determine all potential claims raised by the evidence, theories of SC which have no support in the record need not be further developed or specifically addressed in a rating decision.  However, a denial of SC is a denial for all potential theories, whether specifically addressed in the rating or not.
 
To determine whether an unclaimed theory of SC is reasonably raised by the record, consider factors or evidence such as
  • circumstances of service
  • type of disability for which the claimant seeks benefits, and
  • any evidence of record.
Example:  A Veteran claims SC for multiple myeloma on a direct basis.  The evidence of record does not support the direct theory.  However, the evidence does show that the Veteran served in Vietnam.  As multiple myeloma is defined in 38 CFR 3.309(e) as a condition presumptively associated with exposure to herbicide, the theory of presumptive SC is reasonably raised by the evidence and considered within the scope of the claim.
 
Exception:  The requirement to liberally read claims based on multiple theories does not extend to claims of CUE, as the burden is on the claimant to specifically raise each issue.  Each new CUE theory is independent.
 
References:  For more information on considering

3.  Application Guidance for Specific Types of Claims

Introduction

  
This topic contains information on handling applications for specific types of claims, including

Change Date

  
November 4, 2024

II.iii.1.A.3.a.  Reviewing VA Form 21-2680 to Identify Claims for SMC or SMP

 
  
VA Form 21-2680, can be used as a standalone form if the claimant and/or the supporting documentation identifies whether the benefit sought is SMP (only when there is a running pension award) or SMC.  Revisions to the form (effective September 2018) allow the claimant to identify the benefit sought.
 
The identification of the benefit sought can be
  • specific, with the Veteran identifying on the form whether the claim is for SMC or SMP, or
  • based on sympathetic reading of the claim via reviewing the issues raised on VA Form 21-2680 in the context of the benefits the Veteran is receiving.
When VA Form 21-2680 is submitted, the Veteran is identified as the claimant, and the benefit sought is
  • not identified, determine the benefit sought and next action by applying the principles in the table below, or
  • identified, and is a claim for
    • SMC
      • if a prior original claim for compensation is of record (whether granted or denied), accept the claim for SMC and issue a decision based on the evidence of record, or
      • if no prior original claim for compensation is of record, consider the VA Form 21-2680 a request for application, and/or
      • if the evidence of record suggests that pension with SMP may be payable as a greater benefit, then also apply the principles in the table below that correspond with the SMP claim and the Veteran’s benefit status to determine the appropriate next action to take.
    • SMP, apply the principles in the table below that correspond with the SMP claim and the Veteran’s benefit status to determine the appropriate next action to take.
Note:  Although VA Form 21-2680 may be accepted as a prescribed claim form for SMC or SMP, it is not required to grant entitlement to either benefit.  Do not undertake routine development for completion of this form when deciding a claim for SMC or SMP.  For more information on use of VA Form 21-2680, see M21-1, Part VIII, Subpart iv, 4.A.1.i.
 
Use the table below to determine the benefits being sought by reviewing the Veteran’s benefit status and VA Form 21-2680.
 
If …
Then accept the VA Form 21-2680 as …
the Veteran is
  • receiving compensation
  • entitled to receive compensation but has elected to receive military retired pay, or
  • submitting any initial claim for compensation
a claim for SMC regardless of the conditions listed on the VA Form 21-2680.
 
Exception:  If the evidence of record suggests that pension with SMP may be payable as a greater benefit if claimed, then also accept the VA Form 21-2680 as a request for application for pension with SMP.
the Veteran is
  • receiving pension, or
  • submitting any initial claim for pension
a claim for SMP regardless of the conditions listed on VA Form 21-2680.
dual entitlement exists
a claim for
  • SMC if the Veteran is in receipt of compensation, or
  • SMP if in receipt of pension.
Important:  In addition to accepting the VA Form 21-2680 as a claim for SMC or SMP based on the benefit currently being received (as directed above), also accept the VA Form 21-2680 as a
  • claim for the opposite benefit (the benefit the Veteran is not currently in receipt of) only if the opposite benefit can be granted and the grant results in a greater benefit to the Veteran, or
  • request for application if the Veteran is currently receiving compensation and the evidence suggests that pension may be the greater benefit but no income information is of record.
has not submitted a prior or current original claim for compensation or pension
a request for application.
 
Reference:  For more information on handling a request for application, see M21-1, Part II, Subpart iii, 2.G.
  • the Veteran is not in receipt of, entitled to receive, or currently claiming VA compensation or pension benefits, and
  • has previously submitted an original claim for either pension or compensation which has been denied
a request for application.
 
Note:  When a Veteran is SC with a 0-percent combined disability evaluation, accept the VA Form 21-2680 as a request for application since the Veteran is not in receipt of monetary compensation.
 
Reference:  For more information on handling a request for application, see M21-1, Part II, Subpart iii, 2.G.
a supplemental claim.
 
Notes:
  • Submission of VA Form 21-2680 is not required for the supplemental claim.
  • When a prior claim for SMC or SMP has been denied but VA Form 21-2680 is not accompanied by VA Form 20-0995, then accept the submission of VA Form 21-2680 as an initial claim for
    • SMC, or
    • SMP only if there is a running award or pending pension claim, and
    • follow the applicable procedure based on corresponding claim status or benefit entitlement as directed in the remaining guidance in this table.
the Veteran is already in receipt of A&A for compensation
a request for application.
 
Reference:  For more information on handling a request for application, see M21-1, Part II, Subpart iii, 2.G.
the Veteran is already in receipt of A&A for pension
a duplicate request for SMP, unless following the above procedures within this table allows for acceptance of the VA Form 21-2680 as a claim for SMC.
 
Note:  If the claim is accepted as a duplicate request for SMP, provide notice that the claimed benefit has previously been awarded.
 
Reminder:  When accepting VA Form 21-2680 as a claim for SMC or SMP, the form is a potential claim for both A&A and housebound benefits.
  • A grant of A&A renders the issue of housebound moot for the same type of benefit (either SMC or SMP) since A&A is the greater benefit.  The issue of entitlement to SMC or SMP based on housebound status need not be addressed when A&A is granted for the same type of benefit (SMC or SMP).
  • VA Form 21-2680 is a claim for both A&A and housebound benefits.  If A&A is denied, the rating decision must address the issue of housebound status.  If, however, housebound has been previously granted, the issue of entitlement to housebound need not be readdressed and/or continued in the rating decision.
References:  For more information on

II.iii.1.A.3.b. Reviewing VA Form 21-2680 for Claims for Spousal or Survivors’ A&A or Housebound Benefits

  
VA Form 21-2680 can be used as a standalone form to claim spousal or survivors’ A&A or housebound benefits when there is an active claim and/or running DIC or Survivors Pension award and the benefit sought is adequately identified.  Revisions to the form (effective September 2018) allow the claimant to identify the benefit sought.
 
The identification of the benefit sought can be
  • specific, with the claimant identifying which benefit is being claimed, or
  • based on sympathetic reading of the claim such as
    • identifying the dependent as the claimant or the individual being examined on the VA Form 21-2680, and
    • considering the information on the form in the context of the VA benefits being paid based on the Veteran’s service.
Use the table below when a Veteran’s spouse, surviving spouse, or parent is identified as the claimant or the individual being examined on VA Form 21-2680.
 
When …
Then accept the VA Form 21-2680 as a claim for …
  • a Veteran is in receipt of, entitled to receive, or claiming compensation, and
  • the spouse is identified as the individual being examined on the form
spousal A&A.
  • a surviving spouse is receiving DIC or Survivors Pension, and
  • the spouse is identified as the individual being examined on the form
surviving spouse’s A&A and housebound benefits.
  • a Veteran’s parent is receiving parent’s DIC, and
  • the parent is identified as the individual being examined on the form
A&A for the parent.
 
Reference:  For more information on handling claims for spousal A&A when the combined evaluation of the Veteran’s SC conditions is less than 30 percent, see M21-1, Part VII, Subpart i, 1.A.4.c.

II.iii.1.A.3.c. Issues That Arise From Consideration of VA Forms 21-2680, 21-4502, or 26-4555

  
VA Forms 21-2680, 21-4502, and 26-4555 are not specific claims for increased evaluation of an SC disability.  However, the issue of increased evaluation can be considered within the scope of the claim for SMC, auto, or adapted housing benefits and should be addressed in the rating decision when evidence on the form or in
  • the evidence associated with the claim indicates the presence of a disability that is within the scope of an SC disability (such as a complication of diabetes), or
  • other lay or medical evidence associated with the claim indicates the SC disability may have worsened.
Important:  If the medical evidence is insufficient to evaluate the disability, request examination of the condition as a part of the claim for SMC, auto, or adapted housing benefits.  Do not routinely request examinations without first assessing the medical evidence for sufficiency.  Only address the condition in the rating decision when examination or other medical evidence confirms a change in the disability evaluation of the SC issue is warranted or confirms the presence of the condition that is within the scope of another SC condition.
 
References:  For more information on

II.iii.1.A.3.d.  Handling Requests for P&T Status for Compensation

  
Veterans may submit a specific request for P&T status related to receipt of compensation benefits.
  • A request for P&T status must
    • be received on a prescribed form for SC or increased evaluation, and
    • specify the SC issue or issues that are associated with the claimed P&T status.
  • Handle requests for P&T status that do not identify the associated issue(s) as incomplete applications except when only one SC disability exists.  When a single SC disability exists, presume that the claim for P&T status is associated with the single SC disability.
  • A request for P&T status for compensation purposes is inherently tied to an underlying claim for SC or increased evaluation.  Thus, development of the underlying claim satisfies any development need associated with the request for P&T status.
Note:  Requests for P&T status may be routinely addressed as entitlement to Dependents’ Educational Assistance (DEA) in the rating decision.
 
References:  For more information on

II.iii.1.A.3.e.  Non- Discretionary Application of 38 CFR 3.152(b)

  
38 CFR 3.152(b) provides that a survivor’s claim for
  • DIC will also be considered a claim for Survivors Pension and accrued benefits, and
  • Survivors Pension will also be considered a claim for DIC and accrued benefits.
VA has no discretion in this matter.
 
Use the table below to determine which benefits VA must address depending on the form the claimant submits.
 
If …
Then VA is obligated to address the claimant’s entitlement to …
a surviving parent submits VA Form 21P-535
  • DIC, and
  • accrued benefits.
a surviving spouse or child submits
  • DIC
  • Survivors Pension, and
  • accrued benefits.
Note:  If the application is received from an adult child that does not meet the exception in M21-1, Part X, Subpart ii, 6.B.1.a, process the accrued portion as a request for application and send the claimant the correct form to apply for accrued benefits (VA Form 21P-601).
 
Note:  When a claimant does not indicate which benefit is sought or only checks accrued on the original application, the proper end product (EP) is 140.  When a claimant is clearly only applying for pension the proper EP is 190.  Change the EP to 140 if it later becomes clear that
  • the survivor is claiming DIC, or
  • there is a reasonable possibility that the Veteran’s death is SC and a rating decision is required.
References:  For more information on

 4.  Reviewing Application Completeness and Handling Variances

Introduction

  
This topic contains miscellaneous information on claims for VA benefits, including

Change Date

  
April 14, 2021

II.iii.1.A.4.a.    What Constitutes a Substantially Complete Application

  
VA has a duty to assist claimants who file a substantially complete application for benefits.  The criteria for a substantially complete application are found in 38 CFR 3.160(a) and M21-1, Part I, Subpart i, 1.A.4.f.
 
References:  For more information on

II.iii.1.A.4.b.
When to Place an Application for Benefits Under EP Control

  
Do not establish EP control for an application for benefits unless it is substantially complete.
 
References:  For more information on

II.iii.1.A.4.c.  Determining the Proper DOC for Claims Establishment Purposes

  
The date of claim (DOC) for claims establishment purposes is the earliest date any VA facility received the claim.
 
Important:  Pension and burial claims electronically submitted via VA.gov use the actual date of VA receipt of the application and not the Centralized Mail time stamp.  Applications submitted via VA.gov will have a submission number and text of Submitted Electronically in the upper left corner of every page.
 
Example Scenario:
  • A VA medical center (VAMC) receives the application on October 14, 2006.
  • The VAMC forwards the application to the regional office (RO) on November 1, 2006.
  • The RO does not receive the application in its mailroom until November 5, 2006.
Result:  When the RO places the claim under EP control, it must use October 14, 2006, as the DOC.

II.iii.1.A.4.d.  Identifying an Incomplete Application

  
Consider an application incomplete if it is signed but the claimant has not provided all the information described in M21-1, Part II, Subpart iii, 1.C.
 
Reference:  For more information on the criteria for a substantially complete application, see 38 CFR 3.160(a) and 38 CFR 3.159(a)(3).

II.iii.1.A.4.e.
Handling an Unsigned Application for Benefits

 
  
A lack of signature from the claimant or other legally authorized individual renders an application incomplete for
  • original claims received prior to March 24, 2015, and
  • all claims received on or after March 24, 2015.
Upon receipt of an unsigned application for benefits, follow the procedures for handling incomplete applications included at M21-1, Part II, Subpart iii, 1.C.
 
Exception:  No claimant signature is required when
  • VA Form 21-2680 is accepted as a prescribed form for a claim for SMC or SMP
  • VA Form 21-0779 is accepted as a prescribed form for a claim for A&A (nursing home patients only), or
  • VA Form 21P-0969 is accepted as a statement in support of a pending claim for pension or Parents’ DIC.
Important:  The application must be signed by the claimant or other legally authorized individual somewhere on the application itself.  The submission of an unsigned application with other signed forms is not sufficient to satisfy the requirement for a signed application.
 
References:  For more information on

II.iii.1.A.4.f.  Requests for Benefits That Are Not Filed on a Prescribed Form

  
Use the table below to determine whether a request for benefits that is not filed on a prescribed form is considered an informal claim or a request for application.
 
If received …
And …
Then process the submission as …
prior to March 24, 2015
the submission represents the original claim for benefits
an informal claim.
VA previously processed an original claim for benefits
a claim and
  • establish EP control, and
  • initiate development of the claim.
on or after March 24, 2015
N/A
a request for application.
 
References:  For more information on

II.iii.1.A.4.g.  Furnishing Applications to Claimants

  
VA has an obligation under 38 CFR 3.150 to provide an application for benefits to anyone who requests one.
 
Before furnishing an application to a claimant in person, enter the Veteran’s name and file number in the appropriate spaces on the form.
 
Rationale:  When the claimant eventually returns the application to VA, it will be easier and faster to
  • identify the Veteran on whom the claim is based, and
  • associate the application with the proper claims folder.