VA Benefits Representation and Eligibility Information
Explore information on representation and intent to file VA forms, eligibility criteria for VA benefits, administrative decisions, VA regulations, accreditation requirements for representatives, and powers of attorney in relation to VA claims and benefits. Understand the process and requirements for seeking representation and accessing VA benefits for veterans.
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Representation & Intent to File VA Forms 21-22 and 21-0966 VFW Basic Training September 2021 Brian Coleman VFW National Pre-Discharge Claims Representative BColeman@vfw.org
REPRESENTATION OF VA CLAIMANTS BY VSOs Power of Attorney VA Regulations 38 CFR 3.12 38 CFR 14.626, 14.629-14.632 38 CFR 20.6 38 CFR 20.1304 38 CFR 20.1305 VFW Policy & Procedure 2
WHO IS ELIGIBLE FOR BENEFITS? (38 C.F.R. 3.12) Veteran status Who can we assist and what can we assist them with? Honorable General, General under Honorable Although eligibility to VA benefits may be affected by the type of discharge, the VFW represents all veterans except those who have received a dishonorable discharge. Other than Honorable Uncharacterized/Entry Level Separation Bad Conduct Dishonorable Not unless discharge is upgraded 3
ADMINISTRATIVE DECISIONS VA administrative decisions are used when VA needs to determine eligibility to benefits Some examples include: Line of Duty Character of Discharge Determinations Administrative decisions are full decisions and can be appealed in the same manner as any other VA decision 4
REPRESENTATION - VA REGULATIONS Purpose: To ensure that beneficiaries have responsible, qualified representation in the preparation, presentation, and prosecution of claims for veterans' benefits. 38 CFR 14.626 5
REPRESENTATION - VA REGULATIONS 14.629 Requirements for accreditation of service organization representatives; agents; and attorneys. 14.630 Authorization for a particular claim 6
REPRESENTATION - VA REGULATIONS 14.631 Powers of attorney; disclosure of claimant information. VA Form 21-22, February 2019* Required for representation Authorizes VA disclosure of information to VFW Requires signature of the claimant and the VFW If an outdated form is used or of record VA will restrict our access to the file and send a current version to the veteran to fill out and return this will not affect the outcome of the claim 7
REPRESENTATION - VA REGULATIONS 14.632 Standards of conduct for persons providing representation before the Department Faithfully execute duties Understand the issues of fact and law relevant to the claim Will NOT Violate standards, rules of conduct 8
REPRESENTATION - VA REGULATIONS Withdrawal of representation 20.6 Prior to Certification to the Board follow NVS policy and procedure, more to follow After Certification to the Board must show good cause Change in representation 20.1304 & 20.1305 90 days following appeal to the Board 9
VFW POLICY ACCEPTING REPRESENTATION Claimant must NOT be represented by an attorney on any issue before the VA (CAVC representation does not count) Claimant must NOT restrict access to any records (See VA Form 21-22, Block 19) Claimant CANNOT have a pending appeal at the Board of Veterans Appeals (VA Form 9 or VA Form 10182) EXCEPTION TO BVA RULE: Must have compelling circumstances AND advance approval by NVS Director or designee to accept a POA after an appeal to the BVA is filed. 10
ONCEACCEPTED: VA must officially acknowledge the 21-22 before the VFW can provide representation Information concerning a claimant CANNOT be released to non-accredited personnel in a VFW Post, County Council, District or Department without a VA form 21-0845. This includes Post and District Service Officers 11
VFW POLICY REVOKING REPRESENTATION VFW representation can only be revoked once authorization is given by the DSO or Office Supervisor (or if the claimant revokes POA by selecting a new representative or notifying VA) The DSO or Office Supervisor must inform both the veteran AND the VA of the decision in writing. You do not need authorization from NVS to revoke representation, but once the decision has been made to revoke representation, notify NVS 12
VFW POLICY REVOKING REPRESENTATION Informing the veteran must be done in writing When writing the letter/statement be sure to include: the veteran s or claimant s name claim number or SSN reasons why we are no longer representing the veteran that they can seek other representation if they so choose 13
VFW POLICY REVOKING REPRESENTATION When notifying the VA of your decision to revoke representation, fill out a VA Form 21-4138 informing VA that the VFW is no longer representing the veteran. We also recommend attaching a copy of the letter you sent to the veteran informing them of your decision. 14
VFW POLICY REVOKING REPRESENTATION Once the decision has been made to revoke, update the veteran s VetraSpec POA field to revoked and upload a copy of the letters to the veteran and VA into the documents area. Remember to always document any interactions in the communications section in VetraSpec, especially if you plan to revoke representation. 15
VFW POLICY REVOKING REPRESENTATION Some reasons to revoke representation: Abusive verbal or physical behavior towards a VFW representative or staff by a client or prospective client Client s repeated and persistent failure to cooperate with a VFW representative What are some other reasons you would request to revoke VFW representation? 16
VFW POLICY REFUSING REPRESENTATION Repeated changes of powers of attorney where the claim is without apparent merit. Fraud or attempted fraud Dishonorable discharge Why else would you refuse a POA? 17
VFW POLICY REFUSING REPRESENTATION Kenny Proll is in your office asking for VFW representation. When you looked up his record you learned that he is currently represented by the Marine Corps League and has a claim pending. When you asked about this, Mr. Proll stated that their office is closed today for training, and he doesn t want to have to come back another day to find out the status of his claim. Should you accept representation? 18
ELECTRONIC POAS IN SEP Stakeholder Enterprise Portal (SEP) must be checked routinely for outstanding requests. NVS Policy and Procedure states that all electronic POA s must be acted upon within five (5) business days Refer to SEP User Guide at https://www.sep.va.gov regarding how to accept electronic requests for representation Same VFW policies apply to accepting electronic POA requests as paper 21-22s 19
HOW CAN A VETERAN FIND OUT IF THEY HAVE A REPRESENTATIVE? Log into E-Benefits Click on Representation Inquire with VA Ask a VSO to check SHARE 20
HOW TO COMPLETE THE 21-22 (February 2019 version) Section I Key notes: Only fill out block 3 (VA File number) and block 5 (veteran s service number) if you have that information, otherwise leave them blank Section II Key notes: Only fill out this section if someone other than the veteran is requesting representation (Surviving spouse, child) Section III Key notes: Put your name and title in blocks 16A and B. Do not put any accredited representative . Use your office s general mailbox for block 17 21
HOW TO COMPLETE THE 21-22 Section IV Block 19 MUST be checked to allow access to medical records Block 20 CANNOT be checked Block 21 to allow address change is optional but we recommend checking it Section V Both you and the veteran/claimant must sign 22
INTENT TO FILE Effective March 24, 2015 No More Informal Claims - 38 CFR 3.155 Must Use Specific Form- VA form 21-0966 Why is it important to know when this program went into effect? 24
INTENT TO FILE- WHAT IS IT? VA Form 21-0966 Alerts VA that you are going to file a claim within 1 year of submission of the ITF Protects date of claim Allows time to gather information Why is protecting the date of claim important? 25
INTENT TO FILE- WHAT IS NEEDED Personal Information What benefit is being sought (Compensation, Pension, Survivors Benefits) Signature 38 CFR 3.155(2) 26
INTENT TO FILE- HOW TO FILE? Representative can initiate electronically using SEP or by submitting VA form 21-0966 through any approved method (D2D, Direct Upload, Fax, Mail, Public contact) Veteran can initiate electronically using eBenefits, VA.gov, over the phone (800-827-1000), or by submitting VA form 21-0966 27
INTENT TO FILE Must file the claim within 1 year of ITF this timeline cannot be extended by submitting an additional 21-0966 Pre-discharge claims/BDD Survivor benefits (DIC) For these programs, if ITF is filed within the one-year timeframe, it preserves the effective date as if the claim was filed within the original year. You cannot have more than one active ITF per benefit at a time ITF is no longer active once you submit a completed claim Once the ITF is no longer active (used or expired) another ITF can be submitted but if a 2nd ITF is submitted while the first is still active, the 2nd ITF will not be recognized 28
INTENT TO FILE 1st ITF Filed Jan 2020 Claim Filed March 2021 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June Jul 2nd ITF Filed May 2020 Which ITF would VA recognize for the March 2021 claim? 29
INTENT TO FILE Expired 1st ITF Filed Jan 2020 Claim Filed March 2021 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May June Jul 2nd ITF Filed May 2020 Not Recognized because an active ITF was pending when submitted Neither ITF is valid; the veteran s effective date of claim would be March 2021 30
INTENT TO FILE SUPPLEMENTAL CLAIMS If a veteran was previously denied a benefit, VA will not accept an ITF for that specific issue If an ITF is submitted for a previously denied issue VA will notify the veteran that they did not accept the ITF and the effective date will not be preserved Instead, the veteran must submit a Supplemental Claim (VA form 20-0995) with new and relevant evidence (This will be explained in the Appeals class) The veteran can still submit an ITF for other issues This policy was addressed by the Fed. Circuit in July 2021 The Court decided that ITF regulations apply to Supplemental Claims; we are still waiting for clarification on how VA will implement this change 31
HOW TO COMPLETE THE 21-0966 Section I Block 1 Use the claimant s name, usually this is the veteran but may be a dependent Block 3 Only complete if you have it otherwise leave blank Block 5 Do not use if the veteran is the claimant Block 10 Ask if claimant is unsure check yes Section II Key notes: select which benefit(s) the veteran or claimant will file for Section III Key notes: You can only sign for the veteran if it is not their original claim; remember to put Veterans of Foreign Wars in block 15 32
INTENT TO FILE When should you file an ITF? 33
PRACTICE In your packet there is a completed 21-22, ITF, and an instruction sheet for Thomas Patton. Review each form and determine if they are filled out completely. 34
