In This Section |
This section contains the following topics:
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1. Service Verification and Loyalty Information in Philippine Claims
Introduction |
This topic contains information on service verification and loyalty information, including
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Change Date |
January 25, 2024 |
X.i.4.C.1.a. Verifying Service as a Regular or Special Philippine Scout |
The United States Armed Forces provided Philippine Scouts discharge certificates similar to those issued to members of regular components of the United States Armed Forces.
In the absence of an original or certified copy of DD Form 214, Certificate of Release or Discharge from Active Duty,, obtain verification of an individual’s service as a Regular or Special Philippine Scout by submitting a request to National Personnel Records Center (NPRC) through the Personnel Information Exchange System (PIES). Use request code O50 on the ARMY tab of the PIES 3101 – PAGE 2 screen.
Exception: Disregard the instructions in this block if the Department of Veterans Affairs (VA) has ever submitted a PIES request for service records under request code O50.
Notes:
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X.i.4.C.1.b. Verifying Service in the Commonwealth Army of the Philippines or as a USAFFE Guerrilla |
The United States Armed Forces did not provide separation or discharge documents to members of the Commonwealth Army of the Philippines or United States Armed Forces in the Far East (USAFFE) guerrillas. To obtain verification of an individual’s service in either of these armed forces, follow the steps in the table below.
Important: The Armed Forces of the Philippines or the Philippine Veterans Affairs Office (PVAO) typically provides the Manila RO with documentation of an individual’s service in the Commonwealth Army of the Philippines or as a USAFFE guerrilla. However, the RO must still obtain verification of service from NPRC.
Notes:
Reference: For information about submitting a request for STRs through PIES, see the PIES User Guide. |
X.i.4.C.1.f. How to Request a Loyalty Clearance |
Follow the steps in the table below to request a loyalty clearance.
References: For more information on
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X.i.4.C.1.h. How to Request Loyalty Information |
Follow the steps in the table below to request loyalty information.
Reference: For more information on obtaining loyalty information, see M21-1, Part X, Subpart i, 3.B.6. |
X.i.4.C.1.i. How to Request Loyalty and Service Data on the Same Case |
If questions concerning loyalty and service are involved in the same case, prepare a separate VA Form 21-3101 for each request, and submit each via DoD SAFE.
In the case of a living Veteran, do not routinely request loyalty data when the Armed Forces of the United States certify that the Veteran had recognized service as a “civilian guerrilla” only. In the absence of evidence to the contrary, accept the certification of recognized guerrilla service as a determination of loyalty during the period of service shown.
Reference: For more information on guerrilla service, see M21-1, Part X, Subpart i, 4.B.4. |
2. Certification of Service for Philippine Veterans
Introduction |
This topic contains information on certification of period of service, including
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Change Date |
August 19, 2021 |
X.i.4.C.2.a. Acceptable Periods of Service for Philippine Cases |
The following periods of service are acceptable for Philippine cases:
References: For more information on
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X.i.4.C.2.c. Definition: Immediately Following a Period of Active Service |
In VAOPGCPREC 14-1994, Office of General Counsel (OGC) held that the phrase immediately following a period of active service may be interpreted to refer to an event following closely after a period of active duty, directly related to that duty, and occurring before the Veteran performed activities not related to active military duty.
Below are examples of when the detention or internment referenced in M21-1, Part X, Subpart i, 4.C.4.a and b, may have been so closely related to the period of active duty that it may be considered active service under 38 CFR 3.41(b):
Note: Activities that are not related to active military include returning to the civilian population and engaging in private pursuits. |
X.i.4.C.2.d. Developing Philippine Cases Based on FPOW Status |
When a claimant contends entitlement to benefits on the basis of Philippine service and status as a former prisoner of war (FPOW), development procedures differ slightly from those elsewhere detailed in
Claims processors (in, or in collaboration with, the Manila RO) will follow the steps in the table below to develop Philippine cases based on FPOW status.
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X.i.4.C.2.f. When Recertifications of Service Are Required |
Recertifications of service are required only for the 14th Infantry, AUS, cases.
Reference: For information on eligibility of service in the 14th Infantry, AUS, see M21-1, Part X, Subpart i, 4.B.1.b. |
X.i.4.C.2.g. When Recertifications of Service Are Not Required |
Recertifications of service are not required for cases involving members of the Navy or Regular Philippine Scouts. |
X.i.4.C.2.h. Handling Denial or Withdrawal of Service Recognition |
When recognition of alleged service is denied or a prior recognition is withdrawn, then either
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3. Field Examinations and Evidentiary Considerations for Philippine Cases
Introduction |
This topic contains information on field examinations and evidentiary considerations for Philippine cases, including
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Change Date |
August 19, 2021 |
X.i.4.C.3.e. Required Action on Letters Alleging Payee Non-Entitlement |
When letters, anonymous or signed, are received alleging that a payee is not entitled to the benefit being paid, determine if the evidence is sufficient to warrant terminating benefits. |
X.i.4.C.3.f. When Further Development Is Required on Alleged Non-Entitlement |
If the letter alleging nonentitlement contains specific assertions of fact, not mere generalities, and it appears that the writer has knowledge of the circumstances, complete any necessary development to include a field examination, if required. |
X.i.4.C.3.g. When Development Establishes Factual Basis for Award Suspension |
If the developed evidence establishes a factual basis for suspension of the award, then
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X.i.4.C.3.h. When Further Development Is Not Required |
Use the table below to determine what actions are necessary if the letter alleging nonentitlement contains mere generalities not requiring development
Reference: For more information on using VBMS, see
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4. Handling Forfeiture of Benefits for Philippine Cases
Introduction |
This topic contains information on how to handle forfeiture of benefits, including
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Change Date |
August 14, 2006 |
X.i.4.C.4.a. When a Loyalty Clearance Is Required |
A loyalty clearance is always required in the following cases:
Reference: For more information on the procedure for forfeiture of benefits, see M21-1, Part X, Subpart iv, 3.B. |
X.i.4.C.4.b. Handling Evidence of Membership in a Pro-Japanese Organizations |
Evidence showing the Veteran’s or claimant’s membership in a pro-Japanese organization on or after December 7, 1941, is sufficient to justify submission for forfeiture consideration. |
X.i.4.C.4.c. Handling Evidence of Derogatory Reports |
Use the table below to handle evidence of derogatory reports containing the name of the Veteran or claimant.
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X.i.4.C.4.d. Considering the Evidence of Record Before Accepting Derogatory Reports |
Before accepting information contained in a derogatory report to make a determination, consider the following in the evidence of record for the Veteran or claimant:
Note: Always consider matters of common knowledge, local customs, and other factors. If there is doubt, request a field examination to obtain further information.
Reference: For more information on how to request field examinations, see
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5. Dependent Claims and Benefits in Philippine Cases
Introduction |
This topic contains information on claims for additional benefits for dependents in Philippine cases, including
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Change Date |
August 19, 2021 |
X.i.4.C.5.a. Reviewing Claims for Additional Benefits for Dependents |
To claim additional benefits for a dependent(s), a claimant must
Notes:
References: For more information on
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X.i.4.C.5.b. Considering Pension Received From PVAO as Income> |
Consider pension received from the PVAO as income when determining entitlement to VA pension.
When a spouse or child claimant states they have applied for PVAO pension, the Manila RO must request information on the amount of pension received and the beginning and ending dates of payment.
Note: Service as a Regular Philippine Scout is the only Philippine service that entitles Veterans and dependents to VA pension.
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X.i.4.C.5.c. Circumstances Under Which It Is Appropriate to Request a Field Examination |
Request a field examination when the evidence a claimant submits is so conflicting that personal contact is required to explain the discrepancies and ascertain the facts.
Attempts to obtain clarification through multiple available communication methods, to include telephone contact, must be made and documented within the record prior to requesting personal contact through a field examination.
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X.i.4.C.5.d. Reviewing Previous Determinations |
Review previous determinations regarding entitlement to additional benefits for a dependent only when
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X.i.4.C.5.e. Effective Date of an Award When Entitlement Is Granted Following a Prior Denial |
If, after the review referenced in M21-1, Part X, Subpart i, 4.C.5.d, entitlement to additional benefits for a dependent(s) may be established under existing criteria, prepare an award if otherwise in order.
Use the existing rules to determine the effective date of the award.
Note: If entitlement is established solely by reason of changed criteria (38 CFR 3.114(a)) approved by the Secretary, do not make the effective date of the award prior to the date of the change. |
X.i.4.C.5.f. Appointment of Fiduciary for a Child Pending Determination of Surviving Spouse’s Entitlement |
When there is a surviving spouse with a child or children and an award is to be made to the children pending the outcome of a field examination to determine the surviving spouse’s entitlement or continued entitlement
Note: Do not apply these provisions in Veterans Pension cases when children are in the custody of the surviving spouse, as no award for the children may be made without a determination of the surviving spouse’s entitlement.
Reference: For more information on preparing and submittal of VA Form 21-592, see M21-1, Part X, Subpart ii, 6.C. |
6. Correspondence With the Philippine Embassy and Philippine Department of Foreign Affairs
Introduction |
This topic contains information on correspondence, including
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Change Date |
December 11, 2020 |
X.i.4.C.6.a. Replying to Correspondence Received From the Philippine Embassy |
Follow the steps in the table below to reply to correspondence received directly from the Philippine Embassy.
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X.i.4.C.6.b. Corresponding With the Philippine Department of Foreign Affairs |
When correspondence is received from the Philippine Department of Foreign Affairs, the
ROs other than the Manila RO must reply to correspondence received from the Philippine Department of Foreign Affairs, Manila, by following the procedure in M21-1, Part X, Subpart i, 4.C.6.a. |