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Updated Mar 22, 2024

In This Section

  
This section contains the topic “Benefit-Specific Eligibility Factors.”

1.  Benefit-Specific Eligibility Factors

Introduction

  
This topic contains information on benefit-specific eligibility factors, including

Change Date

  
March 22, 2024

II.iii.1.B.1.a.  Screening an Original Application for Basic Eligibility

  
In reviewing and processing an original application for Department of Veterans Affairs (VA) benefits, a claims processor must determine if the claimant meets the eligibility criteria for the specific benefits only after
  • Veteran status has been established
  • service has been verified, and
  • character of discharge (COD) has been found to be other than dishonorable.
Note:  In order to verify service, review active duty dates and verify COD by
  • reviewing the discharge document
  • obtaining verification by the service department, or
  • obtaining a VA administrative decision, when necessary.
Exception:  If the claims processor determines that a claimant does not meet one or more eligibility factors for a benefit, the claim can be denied without verifying service.  In these cases, the decision notice must fully inform the claimant of VA’s action, informing them, if appropriate, that Veteran status has not been established.
 
Reference:  For more information on providing a decision notice, see

II.iii.1.B.1.b.  Requirement for SSNs

  
Any person who applies for a VA compensation or pension benefit must disclose their Social Security number (SSN) and the SSNs of their dependents.  However, an SSN is not required for any person to whom no SSN has been assigned.
 
Notes:
  • If there is no evidence to the contrary, accept a claimant’s (or fiduciary’s) certified statement that no SSN has been assigned.
  • A claimant may provide the SSN over the telephone.  However, do not accept a certified statement that no SSN has been assigned orally; a signature is required.  The claimant may submit the certified statement electronically through a VA claims submission service website, in person, or by mail.
References:  For more information on

II.iii.1.B.1.c.  Eligibility Determinations for Compensation

  
If a claim is submitted for service-connected (SC) disability compensation and honorable active service is verified, compensation entitlement is determined by the rating activity.
 
When a rating decision is completed, the decision indicates whether a Veteran is entitled to compensation and, if so, to what degree.  In addition, the rating decision may include entitlement to special monthly compensation and any related benefits.

II.iii.1.B.1.d.  Eligibility Determinations for Pension

  
Wartime service for pension is established if a Veteran served
  • at least 90 days of active duty during a period of war
  • at least 90 consecutive days of active duty and such period began or ended during a period of war
  • a total of 90 or more days of active duty during one or more wartime periods, or
  • any amount of time during a period of war and
    • was discharged for a disability incurred or aggravated in service, or
    • had an SC disability at the time of discharge that would have justified a discharge for disability.
Important:  Veterans entering service after September 7, 1980, must also meet the minimum active duty requirement of 24 months of continuous service or the full period to which the Veteran was called to active duty, as provided in 38 U.S.C. 5303A and 38 CFR 3.12a.  The minimum active duty period must include at least one day of wartime service.
 
Note:  In addition to meeting the wartime service and minimum active duty requirements, entitlement to pension payments based on disability and income must be determined as outlined in
References:  For more information on

II.iii.1.B.1.e.  Eligibility Determinations for Survivors Benefits

  
Based on the individual who files the claim for survivors benefits, consider the factors listed in the table below.
 
If …
Then …
the claimant is a surviving spouse or child who has filed for Survivors Pension
the Veteran’s service must meet the basic eligibility criteria of M21-1, Part II, Subpart iii, 1.B.1.d for pension.
the claimant is a surviving spouse, child, or parent who has filed for Dependency and Indemnity Compensation (DIC)
refer the claim to the rating activity for a determination.
 
Note:  If death occurred in service, see M21-1, Part XII, Subpart i, 1.C.1.b to determine if a rating decision is necessary.
 
Exception:  If a parent(s) income is excessive for DIC, deny the claim without referral to the rating activity.
the claimant is a surviving spouse, child or parent who has filed for Survivors Pension or DIC
the claimant’s relationship to the Veteran must be established.
 
Reference:  For more information on relationship, see 38 CFR 3.50 through 38 CFR 3.60.
the claim is for a burial or plot allowance
the specific requirements of 38 CFR 3.1700 must be met.
 

II.iii.1.B.1.f.  Eligibility Determinations for Related Benefits

  
Use the table below when making eligibility determinations regarding related benefits.
 
Type of Related Benefit
Eligibility Requirements
automobile or other conveyance allowance
Requires SC disability or a disability incurred due to treatment under 38 U.S.C. 1151, which results in
  • loss, or permanent loss of use, of
    • one or both feet, or
    • one or both hands
  • permanent impairment of vision of both eyes to a prescribed degree
  • a severe burn injury defined as disability caused by deep partial thickness or full thickness burns resulting in scar formation that causes contractures and limits motion in one or more extremities or the trunk and precludes effective operation of an automobile, or
  • amyotrophic lateral sclerosis.
Reference:  For more information on payment and eligibility for automobile allowance, see
specially adapted housing and special home adaptation grants
Requires SC disability or a disability incurred due to treatment under 38 U.S.C. 1151, that results in prescribed limitations.
 
Reference:  For more information on eligibility factors, see
Restored Entitlement Program for Survivors (REPS) (Special allowance under Public Law 97-377, Section 156)
Requires a formal determination concerning the Veteran’s death and disability.
 
Reference:  For more information on REPS, see
vocational rehabilitation/employment services
  • a combined SC disability evaluation of at least 20 percent, and
  • an evaluation and determination of entitlement by the Veteran Readiness and Employment (VR&E) Division, or
  • a combined SC disability evaluation of 10 percent with a VR&E finding of a serious employment handicap.
Reference:  For more information on VR&E benefits, see
Dependents Educational Assistance (DEA)
  • permanent and total SC disability (This means either a combined evaluation of 100 percent or a total rating due to individual unemployability, both with no future examination.)
  • SC death, or
  • permanent and total SC disability at the time of death.
Note:  Generally, a dependent must be established for benefit purposes and a child must have completed high school or be beyond the compulsory age for school attendance.
 
Reference:  For more information on DEA, see