Section A – Claims Based on Participation in Special Operations Incidents

Updated Apr 22, 2024

In This Section

This section contains the topic “Claims Based on Participation in Special Operations Incidents.”

1. Claims Based on Participation in Special Operations Incidents

Introduction

This topic contains information on claims based on participation in Special Operations incidents, including

Change Date

April 22, 2024

VIII.iv.9.A.1.a. Definition: Special Operations

Special Operations are small-scale covert or overt military operations of an unorthodox and frequently high-risk nature, to include training, undertaken to achieve significant political or military objectives in support of foreign policy.

Special Operations units are

typically composed of relatively small groups of highly-trained, armed personnel, and
often transported by helicopter, small boats, or submarines, or parachute from aircraft for stealthy infiltration.

Examples:

U.S. Army’s Special Forces, commonly called the “Green Berets.”
U.S. Navy Sea, Air, and Land Teams (SEALs).
U.S. Air Force Special Tactics Squadrons.
U.S. Marine Corps Raiders.
U.S. Army Rangers.
160th Special Operations Aviation Regiment.

Note: Some Special Operations, such as counter-terrorism actions, may be carried out domestically under certain circumstances.

VIII.iv.9.A.1.b. Adjudicating Claims Related to Special Operations Incidents

Follow the steps in the table below to obtain records and decide a claim when a Veteran claims that an injury or disability occurred during a Special Operations assignment.

Step	Action
1	Generate and send a subsequent development letter to the Veteran by selecting the SPECIAL OPERATIONS UNIT development action. Allow 30 days for a response then go to Step 2. *Note*: This notice is required unless the information requested in the letter is already of record.
2	Did the Veteran provide the information requested or is it otherwise of record in the claims folder? If yes, go to Step 3. If no, go to Step 7.
3	Add the Specialized Records Request special issue indicator, and route the claim to the Regional Office (RO) Research Coordinator.
4	The RO Research Coordinator must proceed with routine research to attempt to verify the event using available resources. Did research result in credible supporting evidence the claimed event occurred? If yes, go to Step 6. If no, submit a research request to the Veterans Benefits Administration Military Records Research Center (MRRC) through the Veterans Benefits Management System (VBMS), and remove the Specialized Records Request special issue indicator. *Reference: For more information on using VBMS to submit requests to MRRC, see the VBMS Core User Guide*.
5	Did the MRRC response result in additional credible supporting evidence the claimed event occurred? If yes, go to Step 6. If no, got to Step 7.
6	Review the evidence of record to determine whether a compensation examination is warranted.
7	Decide the claim based on the evidence in the claims folder. In the decision notice, advise the Veteran that the Department of Veterans Affairs was unable to verify an incident in service related to the claimed disability, and if applicable, identify the information that is still needed to verify the incident.

Important:

For special operations involving U.S. Navy SEALs, the specific name of the SEAL Team is required in the MRRC research request.
When a Veteran was attached to a special operations unit, provide MRRC with the Veteran’s primary unit of assignment as well as the special operations unit to which the Veteran was attached.

38 CFR Part 3 (Click to Open)

38 CFR Part 4 (Click to Open)

VA Disability Codes [Click to Expand]

M21-1 Table of Contents

M21-5 Table of Contents