Revised March 22, 2024
II.iii.1.B.1.aScreening an Original Application for Basic Eligibility
In reviewing and processing an original application for Department of Veterans Affairs (VA) benefits, a claims processor must determine if the claimant meets the eligibility criteria for the specific benefits only after
- Veteran status has been established
- service has been verified, and
- character of discharge (COD) has been found to be other than dishonorable.
Note: In order to verify service, review active duty dates and verify COD by
- reviewing the discharge document
- obtaining verification by the service department, or
- obtaining a VA administrative decision, when necessary.
Exception: If the claims processor determines that a claimant does not meet one or more eligibility factors for a benefit, the claim can be denied without verifying service. In these cases, the decision notice must fully inform the claimant of VA’s action, informing them, if appropriate, that Veteran status has not been established. Reference: For more information on providing a decision notice, see
II.iii.1.B.1.bRequirement for SSNs
Any person who applies for a VA compensation or pension benefit must disclose their Social Security number (SSN) and the SSNs of their dependents. However, an SSN is not required for any person to whom no SSN has been assigned. Notes:
- If there is no evidence to the contrary, accept a claimant’s (or fiduciary’s) certified statement that no SSN has been assigned.
- A claimant may provide the SSN over the telephone. However, do not accept a certified statement that no SSN has been assigned orally; a signature is required. The claimant may submit the certified statement electronically through a VA claims submission service website, in person, or by mail.
References: For more information on
- the mandatory disclosure of SSNs, see 38 CFR 3.216, and
- development procedures for SSNs, see M21-1, Part VII, Subpart i, 1.A.7.
II.iii.1.B.1.cEligibility Determinations for Compensation
If a claim is submitted for service-connected (SC) disability compensation and honorable active service is verified, compensation entitlement is determined by the rating activity. When a rating decision is completed, the decision indicates whether a Veteran is entitled to compensation and, if so, to what degree. In addition, the rating decision may include entitlement to special monthly compensation and any related benefits.
II.iii.1.B.1.dEligibility Determinations for Pension
Wartime service for pension is established if a Veteran served
- at least 90 days of active duty during a period of war
- at least 90 consecutive days of active duty and such period began or ended during a period of war
- a total of 90 or more days of active duty during one or more wartime periods, or
- any amount of time during a period of war and
- was discharged for a disability incurred or aggravated in service, or
- had an SC disability at the time of discharge that would have justified a discharge for disability.
Important: Veterans entering service after September 7, 1980, must also meet the minimum active duty requirement of 24 months of continuous service or the full period to which the Veteran was called to active duty, as provided in 38 U.S.C. 5303A and 38 CFR 3.12a. The minimum active duty period must include at least one day of wartime service. Note: In addition to meeting the wartime service and minimum active duty requirements, entitlement to pension payments based on disability and income must be determined as outlined in
- M21-1, Part IX, Subpart i, 1.1
- M21-1, Part IX, Subpart ii, 1.A, and
- M21-1, Part IX, Subpart iii, 1.A.
References: For more information on
- SC disabilities at the time of discharge and entitlement to pension, see 38 CFR 3.3
- pension wartime service requirement, see M21-1, Part IX, Subpart i, 1.2.a, and
- active duty service requirements, see M21-1, Part III, Subpart i, 1.B.1.
II.iii.1.B.1.eEligibility Determinations for Survivors Benefits
Based on the individual who files the claim for survivors benefits, consider the factors listed in the table below.
| If … | Then … |
|---|---|
the claimant is a surviving spouse or child who has filed for Survivors Pension | the Veteran’s service must meet the basic eligibility criteria of M21-1, Part II, Subpart iii, 1.B.1.d for pension. |
the claimant is a surviving spouse, child, or parent who has filed for Dependency and Indemnity Compensation (DIC) | refer the claim to the rating activity for a determination. Note: If death occurred in service, see M21-1, Part XII, Subpart i, 1.C.1.b to determine if a rating decision is necessary. Exception: If a parent(s) income is excessive for DIC, deny the claim without referral to the rating activity. |
the claimant is a surviving spouse, child or parent who has filed for Survivors Pension or DIC | the claimant’s relationship to the Veteran must be established. Reference: For more information on relationship, see 38 CFR 3.50 through 38 CFR 3.60. |
the claim is for a burial or plot allowance | the specific requirements of 38 CFR 3.1700 must be met. |
II.iii.1.B.1.fEligibility Determinations for Related Benefits
Use the table below when making eligibility determinations regarding related benefits.
| Type of Related Benefit | Eligibility Requirements |
|---|---|
automobile or other conveyance allowance | Requires SC disability or a disability incurred due to treatment under 38 U.S.C. 1151, which results in
Reference: For more information on payment and eligibility for automobile allowance, see |
specially adapted housing and special home adaptation grants | Requires SC disability or a disability incurred due to treatment under 38 U.S.C. 1151, that results in prescribed limitations. Reference: For more information on eligibility factors, see |
Restored Entitlement Program for Survivors (REPS) (Special allowance under Public Law 97-377 , Section 156) | Requires a formal determination concerning the Veteran’s death and disability. Reference: For more information on REPS, see |
vocational rehabilitation/employment services | 38 U.S.C. Chapter 31 requires
Reference: For more information on VR&E benefits, see
|
Dependents Educational Assistance (DEA) | 38 U.S.C. Chapter 35 requires
|
Note: Generally, a dependent must be established for benefit purposes and a child must have completed high school or be beyond the compulsory age for school attendance. Reference: For more information on DEA, see
II.iii.1.B.1.gEligibility for Chapter 18 Benefits
38 U.S.C. Chapter 18 benefits are not dependent on the COD. That is, regardless of the characterization of the service of the Veteran parent, individuals may receive Chapter 18 benefits if the necessary service and relationship requirements are met. Reference: For more information on Chapter 18 benefits, see M21-1, Part VIII, Subpart i, 3.
End of Part II, Subpart iii, Chapter 1, Section B