Updated Jul 26, 2024
In This Section |
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This section contains the following topics:
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1. Due Process and VA Benefits
Introduction |
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This topic contains information about how due process, as stated in the U.S. Constitution, affects VA benefits, including
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Change Date |
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January 29, 2018
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I.i.1.B.1.b.
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Due process in the administration of Department of Veterans Affairs (VA) benefits informs the beneficiary of a proposed adverse action that could reduce or terminate benefits, and provides the beneficiary with the opportunity to
In most instances, due process applies when VA proposes to reduce or terminate a benefit. In a few situations, such as a character of discharge determination, due process applies before VA determines eligibility for benefits.
Exceptions: Contemporaneous notice is allowed in lieu of a notice of proposed adverse action (due process) in specific situations as listed in M21-1, Part X, Subpart ii, 3.C.1, and 38 CFR 3.103(b)(3)
References: For more information on
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I.i.1.B.1.d. Definition: Third Party Information |
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Third party information is any information that is not received from the beneficiary or from the beneficiary’s fiduciary. Written correspondence is considered third party when received without the beneficiary’s signature or the signature of the beneficiary’s fiduciary.
The table below lists the types of third party informants and provides examples of the types of information they provide.
Note: The third party information submitted on any forms, documents, or signed statements must, in and of itself, justify the adverse action.
Reference: For more information on handling mail that could result in a reduction or termination of benefits, see M21-1, Part II, Subpart i, 2.D.3.
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2. Types of Notification
Change Date |
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March 17, 2016
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I.i.1.B.2.a. Types of Notification Concerning Change in Benefits |
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Two types of notification are used to inform a beneficiary of a change in benefits. They are
Use the table below to determine the type of notice that should be used when information is received that would result in a reduction or termination of a beneficiary’s award.
Note: When it is unclear whether information submitted by the POA originated from the beneficiary, the beneficiary may be contacted via telephone to verify the origin of the information. If the claimant cannot be reached, process as information not originating from a beneficiary.
References: For more information on
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