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Updated May 27, 2021

In This Section
 
This section contains the following topics:
 
Topic
Topic Name
1
      2 Ratings for the Polish and Czechoslovakian Armed Forces Under 38 U.S.C. 109(c)
 

1.  Eligibility Requests for Polish and Czechoslovakian Armed Forces

Introduction

  

This topic contains information on eligibility requests for the Polish and Czechoslovakian Armed Forces, including

Change Date

   June 1, 2021

XIII.i.3.G.1.a. Statutory Basis for Eligibility

  
PL 94-491 amended 38 U.S.C. 109 by establishing eligibility for medical services for certain members of the Polish and Czechoslovakian Armed Forces who served during World War I or II.
 
Reference:  For more information, see 38 U.S.C. 109(c).

XIII.i.3.G.1.b. Handling Receipt of VA Form 10-7131 for a Polish or Czechoslovakian Veteran Who Served in the U.S. Armed Forces

  
Upon a regional office’s (RO’s) receipt of VA Form 10-7131, Exchange of Beneficiary Information and Request for Administrative and Adjudicative Action, with no additional accompanying evidence, return the form to the requesting medical facility with instructions to provide medical evidence so that the RO may make a determination regarding entitlement.
 
The medical facility is responsible for fully developing the claim.  Once development is completed, a request is sent directly to the Medical Administration Service (MAS) (136) in the Wilmington Department of Veterans Affairs Medical and Regional Office Center (VAMROC) who creates a special Polish-Czechoslovakian folder.
 
Note:  The Wilmington RO does not develop in these cases, and the Wilmington Veterans Service Center (VSC) does not take action on a claim until
  • MAS (136) creates a special Polish-Czechoslovakian folder, and
  • development is complete.

XIII.i.3.G.1.c. Information Forwarded When Rating Action Is Required

  

If the claim is identified as a PL 94-491 case and rating action is required, the Wilmington VA Medical Center, Medical Administration Service, is responsible for developing the claim and will refer the following items to the Wilmington RO:

  • VA Form 10-7131 indicating the specific condition for which SC for treatment purposes is claimed
  • a copy of the certification of service establishing dates of qualifying service during World War I or II
  • records of treatment of the disability during service, and
  • current medical evidence relating to the disability.
Note:  In these cases, no VA claim number is assigned.
 
Reference:  For more information on rating disabilities under the provisions of 38 U.S.C. 109(c), see M21-1, Part XIII, Subpart i, 3.G.2.

XIII.i.3.G.1.d.  Maintaining Control of Cases

   Maintain temporary control of cases requiring rating action by using an alphabetical holding file under the claimant’s last name.
 

2.  Ratings for the Polish and Czechoslovakian Armed Forces Under 38 U.S.C. 109(c)

Introduction

  
This topic contains information on rating for the Polish and Czechoslovakian Armed Forces under 38 U.S.C. 109(c), including

Change Date

  
November 21, 2006

XIII.i.3.G.2.a.  Jurisdiction for Rating Determinations Under 38 U.S.C. 109(c)

  
The VSC of the Wilmington VAMROC has sole jurisdiction for all rating determinations required for the Polish and Czechoslovakian Armed Forces under 38 U.S.C. 109(c) per 38 CFR 3.359.
 
Route requests received by any other RO to the Wilmington VAMROC with information as to the referral provided to the submitting health care facility.

XIII.i.3.G.2.b.  Basing Rating Determinations Under 38 U.S.C. 109(c) on the Evidence

  
Base rating determinations under 38 U.S.C 109(c) on the evidence submitted with the request.
 
The medical facility is responsible for fully developing the claim before sending the request directly to Medical Administration Service (MAS) (136) in the Wilmington VAMROC.
 

XIII.i.3.G.2.c.  Information to Include in the Rating Decision for Eligibility Under 38 U.S.C. 109(c)

  
In the rating decision, under the Decision, show Eligibility for hospital or outpatient treatment Under 38 U.S.C. 109(c) [is] [is not] established.
 
In the coded conclusion, evaluate conditions established as service-connected with a statement of either 50 percent or more or less than 50 percent.
 
Notes:
  • Apply existing criteria for the determination of service connection and degree of disability.
  • Return the completed rating and all other materials to the MAS, Wilmington, for its maintenance of eligibility records.