M-21-1Updated
Regulation text

Part VIII, Subpart i, Chapter 3, Section BProcess Overview for Chapter 18 Benefits

The full text of this section from M-21-1. Check the official source for the controlling version before you rely on it.

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Revised December 31, 2019

VIII.i.3.B.1.aChapter 18 Benefits Claim Process

All Chapter 18 claims fall under the jurisdiction of the Denver Regional Office, per M21-1, Part VIII, Subpart i, 3.A.The table below describes the stages of the Chapter 18 benefits claim process.

StageNameDescription
1

Eligibility and Development

The development activity

  • verifies specific eligibility requirements for spina bifida or other covered birth defects benefits, including
    • qualifying Vietnam, Korea, or Thailand service of the Veteran parent (see M21-1, Part VIII, Subpart i, 3.C.3-5)
    • individual’s relationship to the Veteran, and
    • the nature of the claimed disability, and
    • develops for and obtains the following evidence to support the claim:
      • Vietnam, Korea, or Thailand service records
      • relationship and date of conception records, and
      • medical and lay evidence.

Notes:

  • For verification of qualifying Vietnam, Korea, or Thailand service, the development activity follows the procedures in M21-1, Part VIII, Subpart i, 1.A and B.
  • Follow the procedures in the steps below only when all elements of basic eligibility are met. If all elements of basic eligibility are not met, follow the instructions at M21-1, Part VIII, Subpart i, 3.D.1.a.
2

Rating

The rating activity

  • considers medical and lay evidence
  • determines whether to award or deny entitlement to a monthly monetary allowance, and
  • determines disability level according to
    • severity of symptoms, and
    • degree of permanent physical or mental disability, and
  • determines incompetency of beneficiaries over the age of 18 under provisions of 38 CFR 3.353.
3

Authorization

The authorization activity

  • processes the award or denial of monthly monetary allowance, and
  • notifies the claimant of the decision.

End of Part VIII, Subpart i, Chapter 3, Section B

This text is a rendering of Part VIII, Subpart i, Chapter 3, Section B. The official version is the one that governs your claim.

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What next

Using this section

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  1. Cite it by number

    Write Part VIII, Subpart i, Chapter 3, Section B into your statement and quote the sentence you are relying on. A rater reading a claim that names the rule spends less time guessing what you meant.

  2. Find the rest of the rule

    Sections cross-reference each other constantly. Search 38 CFR and M-21-1 for any reference this one sends you to.

  3. Check the percentages

    Procedure is one half of a claim; the rating criteria are the other. Browse the rating schedule for the diagnostic code that covers your condition.

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