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Updated Mar 07, 2022

In This Section
This section contains the following topics:

1.  Introduction to Pre-Discharge Claims

Introduction
This topic contains information about pre-discharge claims, including

Change Date
March 7, 2022

X.i.6.A.1.a. General Description of a Pre-Discharge Claim
A pre-discharge claim is a claim accepted from a service member who is still on active duty.
Notes:
  • Some pre-discharge claims undergo processing under the Benefits Delivery at Discharge (BDD) program, the goal of which is provide every service member an in-service examination(s) and a decision on the individual’s Department of Veterans Affairs (VA) claim 30 days or less following discharge from active duty.
  • Another special pre-separation program is the Integrated Disability Evaluation System (IDES), which is covered in separate sections of this chapter.
  • Pre-discharge claims might include the original claim for benefits, another initial claim (such as an additional claim for service connection, a claim for an increased evaluation, a claim for resumption of VA compensation payments after release from active duty), or a supplemental claim.
  • For the purposes of M21-1, Part X, Subpart i, 6.B–D, pre-separation claims will be described as either handled under the BDD program or excluded from the BDD program.
References:  For more information on

X.i.6.A.1.b. Who May File a Pre-Discharge Claim

 Any service member on active duty may file a pre-discharge claim.  This includes
  • reservists serving on active duty in an Active Guard Reserve (AGR) role under 10 U.S.C.
  • full-time National Guard members serving in an AGR role under 32 U.S.C., and
  • service members undergoing medical evaluation board or physical evaluation board proceedings who are not currently enrolled in the IDES program.

X.i.6.A.1.c. Form for Filing a Pre-Discharge Initial Claim

 The prescribed form a service member must complete to file pre-discharge initial claims is VA Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits. References:  For more information on

2.  Handling Previously Denied Issues in Pre-Discharge Claims

Introduction

 This topic contains information about handling previously denied issues in pre-discharge claims, including

Change Date

 March 7, 2022

X.i.6.A.2.a. Claims for Previously Denied Issues Raised by BDD/IDES Participants

 When a BDD/IDES participant expresses an intent to claim a previously denied issue during a meeting with a VA Military Services Coordinator (MSC), the MSC must explain the available decision review options and associated application requirements. Previously denied claims are generally handled outside of the BDD or IDES programs. However, if a VA Form 20-0995, Decision Review Request: Supplemental Claim, is returned from an IDES or BDD participant who is currently serving on active duty, the claim should be handled in accordance with M21-1, Part X, Subpart i, 6.A.2.b. Previously denied conditions listed on a VA Form 21-526EZ, or another potentially applicable VA form, must be handled as a request for application in accordance with M21-1, Part II, Subpart iii, 2.G.1.a. References:  For more information on

X.i.6.A.2.b. Handling Supplemental Claim Applications from Active Duty IDES or BDD Participants

 Supplemental claims issues will be considered as part of pending BDD/IDES claims if the participant
  • is currently serving on active duty, and
  • has submitted a complete VA Form 20-0995.
When the conditions above are met, the supplemental claim issues must be
  • listed as contentions under the pending BDD diary end product (EP) or IDES EP 689, with the Supplemental contention type selected
  • developed in accordance with standard IDES/BDD procedures
  • controlled by an EP 040 upon the participant’s discharge from service in accordance with M21-1, Part X, Subpart i, 6.A.2.c, and
  • considered within BDD/IDES rating decisions in accordance with M21-1, Part X, Subpart i, 6.A.2.d.

X.i.6.A.2.c. EP Control of Supplemental Claim Issues Processed Within IDES/BDD

 When supplemental claims from active duty service members are processed as part of IDES and BDD, the issues must be controlled under the BDD/IDES EP while the claimant remains on active duty.  In these instances, the EP 040 must not be established until the participant is discharged from active duty. Upon discharge, an EP 040 must be established in Caseflow, with a date of claim representing the day following the participant’s discharge. Notes:
  • In IDES claims, the EP 040 must be established by the disability rating activity site at the time the IDES rating EP is established for the final rating.
  • In BDD claims, the EP 040 must be established by the claims processor who first works the claim after the participant’s discharge.

X.i.6.A.2.d. Rating IDES and BDD Claims With Supplemental Claims Issues

 When IDES/BDD claims include supplemental claim issues, these issue(s) must be addressed in IDES/BDD ratings to the extent possible. If the supplemental claim issue(s) is fully decided in the final IDES or BDD rating, clear EP 040 at the time the BDD/IDES rating is promulgated. If the supplemental claim issues are not resolved in the IDES/BDD rating, the EP 040 must remain pending to be processed in accordance with standard supplemental claim procedures. Important:  This guidance is not applicable to a request for higher-level review (HLR) filed on VA Form 20-0996, Decision Review Request: Higher Level Review.  HLRs are processed according to standard policies and procedures in M21-5, Chapter 5. Reference:  For more information on supplemental claims, see M21-1, Part II, Subpart iii, 2.B.