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10 | Proposed Ratings for Participants Who Decline to Submit a VA Claim |
1. Handling Added Conditions and Reenrolled IDES Cases
Introduction |
This topic discusses benefit-entitlement issues that arise after a Military Services Coordinator (MSC) holds the initial meeting with an IDES participant, including
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Change Date |
February 16, 2024 |
X.i.6.K.1.a. Requirement for a Prescribed Form to Add Claimed Conditions |
Integrated Disability Evaluation System (IDES) participants have the opportunity to raise claimed conditions by submitting a VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits, during their initial interview with the Military Services Coordinator (MSC). Conditions identified on a VA Form 21-526EZ that is submitted to the MSC during the initial interview must be considered as part of the IDES process.
IDES participants who wish to claim additional conditions after completion of their initial interview with the MSC must submit the claim on a prescribed form as indicated in M21-1, Part II, Subpart iii, 1.A (a VA Form 21-526EZ is preferred). The form must be signed by the claimant or authorized representative to be considered a complete claim for benefits.
Note: Any issue formally claimed after the initial meeting with the MSC must be handled in accordance with M21-1, Part X, Subpart i, 6.K.1.b.
Important: Any request for benefits that is not submitted on a prescribed form must be handled in accordance with M21-1, Part II, Subpart iii, 2.G (or M21-1, Part II, Subpart iii, 2.H for claims received prior to March 24, 2015). The disability rating activity site (DRAS) must ensure that any request for benefits is properly addressed when preparing the final rating notification. However, both MSCs and DRASs are encouraged to make reasonable attempts to obtain a complete prescribed form via telephone development at the earliest opportunity (once the request for benefits is raised/identified) when doing so is feasible and beneficial to the participant.
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X.i.6.K.1.b. General Information on Claimed Conditions Added After the Initial Meeting With the MSC |
When an IDES participant submits a prescribed form with new claimed conditions after the initial meeting with the MSC has been completed, the claims processor who identifies the new conditions must list the contentions under the end product (EP) 689. A new EP should not be established.
If an EP is established erroneously while the EP 689 is pending, the claims processor who identifies the new EP must
References: For more information on
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X.i.6.K.1.c. Examination Requests Addressing Claimed Conditions Added After the Initial Meeting With the MSC |
The Department of Veterans Affairs (VA) is not obligated to request additional examinations solely because an IDES participant claims a condition after the initial meeting with the MSC is completed.
Important: Occasionally, situations may arise that warrant examination of the additional disabilities referenced above. When submitting an examination request under these circumstances, MSCs and DRAS employees should not
Exception: The instructions in this block do not apply to additional disabilities
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X.i.6.K.1.f. Handling the Addition of Referred Conditions That Were Not Previously Claimed |
The service department is required to provide a new VA Form 21-0819, DOD Referral to Integrated Disability Evaluation System (IDES), to VA in order to refer a new and previously unclaimed condition.
References: For more information on
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X.i.6.K.1.g. Handling New Referred Conditions Added Before Completion of the Medical Evaluation Stage |
When an MSC receives a new VA Form 21-0819 from the service department, adding new referred conditions to a pending IDES claim before VA examinations have been completed, the MSC must
Important: New referred conditions that are added before examinations are conducted will not require disenrollment of the case in VTA. Continue processing under the original case identification (ID) number.
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X.i.6.K.1.h. Handling New Referred Conditions Added After Completion of the Medical Evaluation Stage |
If the service department intends to refer a new and previously unclaimed condition(s) after the medical evaluation stage has been completed, the case must be disenrolled from VTA and reenrolled under a new case ID number.
Upon receipt of a new VA Form 21-0819 from the service department, the reenrolled case will move through the claims development and medical evaluation stages again under the new case ID number. Examinations will be completed for the new referred condition(s).
Exception: The service department will not disenroll the case if the new referred condition(s) can be addressed without any additional VA examinations. These cases will remain at the DRAS for processing. However, the DRAS must solicit an application for the new condition on a prescribed form so that the new issue(s) can be considered as part of the claim for VA benefits.
References: For more information on
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X.i.6.K.1.i. Handling Additional Disabilities Noted During Examination |
If an IDES participant’s examination report reveals the existence of a condition that was neither part of a complete claim on a prescribed form nor referred by the service department, then the DRAS should address the condition only when the condition is reasonably within the scope of the issues enumerated in the complete claim in accordance with 38 CFR 3.155(d)(2).
DRASs must follow the instructions in the table below if an IDES participant’s examination report reveals the existence of a disability that neither the participant claimed nor the service department referred to VA.
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X.i.6.K.1.j. Handling IDES Cases Disenrolled Due to Additional Referred Conditions |
Use the table below to determine how to process IDES cases that are disenrolled due to the addition of new referred conditions.
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Introduction |
This topic contains instructions that are unique to cases involving IDES participants in the Reserve or National Guard but not on active duty, including
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Change Date |
June 9, 2022 |
X.i.6.K.2.b. Requests for Examination of Participants in the Reserve or National Guard Who Are Not on Active Duty |
The MSC that requests examination of a participants who are in the Reserve or National Guard but not on active duty must ask the examining facility to notify the following of the date and time of all examinations at least one week prior to the date they are scheduled to occur
Rationale: Following this practice ensures the member’s unit has ample time to prepare orders allowing the member to attend the examinations.
Reference: For information on routing examination requests, see M21-1, Part IV, Subpart i, 2.A.1.b. |
X.i.6.K.2.c. Handling Notice That a Veteran Will Not Be Medically Separated via IDES |
When a member of the National Guard or Reserve who is not serving on active duty (a “Veteran,” for the purpose of this block) submits a claim for VA benefits as an IDES participant, VA must fully resolve the Veteran’s claim regardless of the outcome of the IDES process.
Follow the steps in the table below if a service department removes a Veteran from the IDES program and disenrolls them from VTA because the service department decided not to medically separate the Veteran (this includes Veterans that a service department determined meet retention standards or are fit for duty).
Notes:
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X.i.6.K.2.d. Preparing Rating Decisions in Cases Involving Participants Who Are Not on Active Duty |
In cases involving IDES participants in the Reserve or National Guard who are not on active duty, when VA examinations are complete, DRASs must prepare a rating decision following the steps in the table below.
Exception: Do not complete the actions in the table below if the participant declined to file a VA claim. In these instances, DRAS must complete the actions outlined in M21-1, Part X, Subpart i, 6.K.10.a.
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X.i.6.K.2.e. Providing Evaluations for PEB Purposes Only When Participants Are Not on Active Duty |
Never use final VA rating decisions to indicate proposed evaluations assigned for PEB purposes only. If an IDES claim involving a participant who is not on active duty requires an evaluation for PEB purposes only, the DRAS must prepare a separate proposed rating document for the PEB (in addition to the final rating). Alternatively, DRAS management may elect to communicate these evaluations to the PEB via a supplemental memorandum, provided to the PEB along with the final rating. The proposed rating or memorandum for PEB must include a clear indication that the evaluation assigned is for PEB purposes only. Reference: For more information on addressing conditions for PEB purposes only, see M21-1, Part X, Subpart i, 6.H.2.d. |
X.i.6.K.2.f. Requests for Reconsideration From Members That Are Not on Active Duty |
The rating decision that DRASs provide PEBs for participants in the Reserve or National Guard who are not on active duty serves as both a proposed rating decision and a final rating decision. As a result, these members may
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3. Handling Cases Involving Pregnant IDES Participants
Introduction |
This topic contains instructions unique to cases involving pregnant IDES participants, including
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Change Date |
August 11, 2020 |
X.i.6.K.3.c. Handling Examination Reports Involving Pregnant Participants |
Once all examination reports that MSCs request for a pregnant IDES participant are available, MSCs must take the following actions, even if some or all of the reports indicate the participant could not be examined because of pregnancy:
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X.i.6.K.3.e. DRAS Deferral of a Decision in a Pregnant IDES Participant’s Case |
DRASs may defer a decision on any issue in a pregnant IDES participant’s case if the evidence of record is insufficient to decide that issue because the participant was unable to undergo some or all examinations due to pregnancy.
If a DRAS defers a decision on one or more issues in a final rating decision, it must process the deferral according to the instructions in M21-1, Part X, Subpart i, 6.J.1.e .
Exception: If a DRAS is unable to prepare a final rating decision because it must defer a decision on all issues in a pregnant participant’s case, the DRAS must establish EP 930 (instead of a rating EP), with a suspense date that is 90 days after the participant’s anticipated delivery date. |
4. Handling Notice or Evidence That an IDES Participant May Be Incompetent for VA Purposes
Change Date |
August 11, 2020 |
X.i.6.K.4.a. Handling Evidence That an IDES Participant May Be Incompetent for VA Purposes |
The table below provides an overview of the process DRASs must follow when the evidence of record indicates an IDES participant may be incompetent per 38 CFR 3.353(a).
Important: The information in this block does not apply if a court has appointed a fiduciary to a participant or determined a participant is incompetent. Instructions for handling these types of cases is found in M21-1, Part X, Subpart ii, 6.D.2.e-g.
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5. Handling Notice or Evidence That an IDES Participant Has Died on Active Duty
Change Date |
January 23, 2023 |
X.i.6.K.5.a. Handling Notice That an IDES Participant Has Died |
MSCs and/or DRAS personnel must follow the steps in the table below upon receipt of notification or evidence indicating that an IDES participant has died during the IDES process.
Important: If the participant was referred into IDES as a member of the National Guard or Reserve and was not on active duty, the potential for accrued benefits may exist. The MSC or DRAS with jurisdiction of the claim is responsible for completing the actions outlined in M21-1, Part XI, Subpart ii, 3.C.1.c.
Note: If the participant was on active duty at the time of death, the service department will provide VA with a DD Form 1300, Report of Casualty, which will be routed to the Casualty Assistance Coordinator (CAC) at the station of jurisdiction. The CAC will contact the survivor to provide the necessary information and facilitate the application process for appropriate VA benefits.
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6. Handling Notice or Evidence That an IDES Participant Has Been Discharged Under Conditions Other Than Honorable
Change Date |
September 14, 2016 |
X.i.6.K.6.a. Handling Notice of a Participant’s Discharge Under Conditions Other Than Honorable |
MSCs and/or DRAS personnel must follow the steps in the table below upon receipt of notification or evidence that an IDES participant has been (or will be) discharged with an administrative discharge under conditions other than honorable.
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7. Ancillary Benefits for IDES Participants
Introduction |
This topic contains information on the processing of vocational rehabilitation/employment (VR&E) and home loan claims for IDES participants, including
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Change Date |
August 24, 2023 |
X.i.6.K.7.a. Handling VR&E Inquiries From IDES Participants |
Active-duty IDES participants are eligible for and automatically entitled to vocational rehabilitation/employment (VR&E) services. When participants express interest in, or have questions about, VR&E benefits or services, MSCs must direct the participant to an IDES Vocational Rehabilitation Counselor (VRC).
MSCs must maintain current contact information for the IDES VRC(s) that serve their respective installation so it is readily available to share with participants, as appropriate. To identify the IDES VRC(s) serving their installation, and/or obtain current contact information for the VRC(s)
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X.i.6.K.7.c. Handling VA Form 26-1880 Received From IDES Participants |
Following receipt of VA Form 26-1880, Request for a Certificate of Eligibility, MSCs must
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X.i.6.K.7.d. RLC Action Upon Receipt of VA Form 26-8937 From a Service Member |
Following receipt of VA Form 26-8937, Verification of VA Benefits, from a service member, RLCs request an eligibility determination from the DRAS of jurisdiction by sending an e-mail to a designated point of contact at the appropriate site.
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X.i.6.K.7.e. DRAS Responsibility for Preparing Memorandum Rating Decisions |
Following receipt of a request for an eligibility determination from an RLC, DRASs must prepare a memorandum rating decision for inclusion in the service member’s eFolder if the
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8. Post-Separation Revisions of IDES-Related Rating Decisions
Introduction |
This topic contains instructions for handling post-separation revisions of IDES-related rating decisions, including
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Change Date |
August 11, 2020 |
X.i.6.K.8.a. Identifying Cases in Which Post-Separation Revisions of IDES-Related Rating Decisions Are Applicable |
VA must take the actions described in M21-1, Part X, Subpart i, 6.K.8.c if
Rationale: Rating decisions VA makes as a result of a Veteran’s participation in IDES directly impact the benefits the Veteran receives from the service department.
Notes:
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X.i.6.K.8.b. Situations That Require the Application of Post-Separation Revisions of IDES-Related Rating Decisions |
Examples of situations that would require application of the instructions in M21-1, Part X, Subpart i, 6.K.8.a and c are described below.
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X.i.6.K.8.c. Notifiying Veterans Whose IDES-Related Rating Decision Has Changed |
When VA revises an IDES-related rating decision under the circumstances described in M21-1, Part X, Subpart i, 6.K.8.a, VA must
This decision represents a change to a rating originally assigned as part of the Integrated Disability Evaluation System.
This decision could potentially warrant a change to your military record and/or an adjustment to the disability separation benefits you received from your service department.
Each service department operates an agency or board for correction of records. In light of the change in your VA disability rating, it may be to your benefit to request a review of your discharge to the appropriate board. A DD Form 149, Application for Correction of Military Record, is enclosed for this purpose.
Please see the reverse side of the form for instructions and additional information. The completed form, along with a copy of this letter and enclosed rating decision, should be mailed to the appropriate address indicated on the DD Form 149.
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9. Using DoD SAFE to Securely Send and Receive Files
Introduction |
This topic contains information about DoD SAFE, including
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Change Date |
June 7, 2021 |
X.i.6.K.9.a. Sending Files Through DoD SAFE |
The Department of Defense Safe Access File Exchange (DoD SAFE) is a web-based tool that provides users with the capability to securely send and receive large files, including files that are too large to be transmitted via e-mail.
To send files via DoD SAFE
Without a DoD-issued Common Access Card (CAC), claims processors may not initiate an unsolicited file transfer via DoD SAFE. When the need arises for a claims processor that does not possess a DoD-issued CAC to transfer a file via DoD SAFE, they must first obtain a request code from a DoD user.
Important: DoD SAFE is approved for the transfer of personally identifiable information and protected health information. When transmitting files containing this type of information, users must ensure they check the box labeled Encrypted.
Reference: For more information on DoD SAFE, see the
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X.i.6.K.9.b. Receiving Files Through DoD SAFE |
After a sender completes the drop-off procedure in DoD SAFE, DoD SAFE sends notification via e-mail to the designated recipient(s). The e-mail contains a hyperlink and a password for accessing the files.
Notes: Recipients must
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10. Proposed Ratings for IDES Participants Who Decline to Submit a VA Claim
Introduction |
This topic contains information about processing PEB requests for proposed ratings in cases in which the participant declined to submit a VA claim, including
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Change Date |
June 7, 2021 |
X.i.6.K.10.a. Requirement for Issuance of a Proposed Rating to the PEB |
When an IDES participant declines to submit a claim, VA must still provide proposed evaluations to the PEB for the referred conditions. In these instances, DRASs must:
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X.i.6.K.10.b. Required Notification Letter to the IDES Participant |
DRASs must prepare a notification letter to IDES participants who have declined to file a claim for VA benefits during the IDES process. The notification letter must include the following language and be uploaded into the participant’s eFolder:
Thank you for your service to our country.
Your military Service Department requested a disability assessment from VA as part of your participation in the Integrated Disability Evaluation System (IDES). We have provided the attached proposed rating decision to your Service Department.
Our records indicate that you declined to submit a claim for VA benefits as part of the IDES program; therefore, the attached proposed rating decision will be used for Department of Defense purposes only. VA compensation will not be awarded as a result of your participation in IDES.
If you would like to submit a claim for VA Benefits, you can do so at the appropriate time. You can file a Pre-Discharge claim once you are within 180 days of your projected separation or retirement date. You can also file a VA claim at any time after your discharge from service.
References: For more information on
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