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Part XIII, Subpart i, Chapter 3, Section AGeneral Information on Eligibility for Medical Services

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Revised June 1, 2021

XIII.i.3.A.1.aMethods of Information Exchange Between VBA and VHA

Requests for information and reports exchanged between the Veterans Benefits Administration (VBA) and the Veterans Health Administration (VHA) may be provided through

It may be necessary for medical facilities to request information from regional offices (ROs) when the

  • Veteran is not entered into the AMIE/CAPRI system as a patient
  • medical facility is unable to access the Veteran's corporate record, or
  • medical facility cannot ascertain required information from its inquiry into the Veteran's corporate record.

This chapter relates primarily to the use of _VA Form 10-7131 _when CAPRI or other forms of communication, such as telephone contact, are not used for exchange of information. Reference: For information on CAPRI, see the CAPRI User Manual.

XIII.i.3.A.1.bDetermination of Eligibility for Medical Treatment

When a Veteran applies for medical treatment, the medical facility determines the Veteran’s eligibility and enrollment category for hospital, nursing home, domiciliary, medical, and dental care. However, in certain cases such as those described in this section, the medical facility may require information from the RO in order to make a determination regarding eligibility for care.

XIII.i.3.A.1.cRegulations Governing Eligibility for Medical Treatment

The table below lists regulations governing a Veteran’s eligibility for hospital, nursing home, domiciliary, medical, and dental care.

Type of CareGoverning Regulation(s)

Hospital, nursing home or domiciliary care

38 CFR 17.46

Outpatient treatment

38 CFR 17.93

Outpatient dental treatment

38 CFR 17.161

XIII.i.3.A.1.dTypes of Requests Sent on VA Form 10-7131

Refer to the table below for information on

  • the types of requests that may be sent on VA Form 10-7131, and
  • where to find more information on the particular type of request.
Upon receipt of a VA Form 10-7131 that involves a request that ...See ...

requires claims folder review only

M21-1, Part XIII, Subpart i, 3.A.2.

requires action by the authorization activity

M21-1, Part XIII, Subpart i, 3.A.3.

requires action by the rating activity

M21-1, Part XIII, Subpart i, 3.A.4.

pertains to eligibility for outpatient medical benefits under 38 U.S.C. 1710

  • M21-1, Part XIII, Subpart i, 3.A.5, and
    • M21-1, Part XIII, Subpart i, 3.A.6.

pertains to

  • requests for aid and attendance (A&A) and housebound medical benefits provided under 38 U.S.C. 1712(d), or
  • medications for A&A cases in which income is excessive under 38 U.S.C. 1712(d)

M21-1, Part XIII, Subpart i, 3.D.

pertains to treatment for a positive tuberculin reaction

M21-1, Part XIII, Subpart i, 3.E.

pertains to Veterans treated with nasopharyngeal radium irradiation (NRI) under 38 U.S.C. 1720E

M21-1, Part XIII, Subpart i, 3.F.

requires a determination of service connection (SC) for purposes of 38 U.S.C. 109(c) for the Polish and Czechoslovakian Armed Forces

M21-1, Part XIII, Subpart i, 3.G.

Note: Requests for documentation of service in the offshore waters of the Republic of Vietnam (RVN) fall under authorization determinations.

Reference: For more information on information exchange between ROs and medical facilities, see M21-1, Part X, Subpart iii, 1.A.

XIII.i.3.A.1.eTypes of Requests Sent on VA Form 20-0986

VHA uses VA Form 20-0986 to request determinations regarding a former service member’s eligibility for medical benefits when the former service member was discharged under other-than-honorable (OTH) conditions. The form was released in January 2018. Important:

Reference: For more information on VHA requests for eligibility determinations for service members with an OTH discharge, see M21-1, Part XIII, Subpart i, 3.B.

2Requests Requiring Claims Folder Review Only

This topic contains information on processing requests for information received from medical facilities that require claims folder review only, including

  • receipt of VA Form 10-7131, and
  • processing requests requiring claims folder review only.

Revised June 1, 2017

XIII.i.3.A.2.aReceipt of VA Form 10-7131

The medical facility will check the specific boxes in Part I of VA Form 10-7131 to indicate the information required.

XIII.i.3.A.2.bProcessing Requests Requiring Claims Folder Review Only

When a request for information received on VA Form 10-7131 only requires review of the claims folder, follow the steps in the table below to respond to the medical facility with the requested information.

StepAction
1

For each item requested in Part I, respond by entering the requested information in Part II __ of VA Form 10-7131. Note: All information may be legibly handwritten.

2

Mark any non-applicable items as N/A.

3

If information about monetary benefits is requested, and the Veteran receives military retired pay (MRP), complete Part II, Items 5 and 5A (Retirement Pay-By Whom Paid), to show the amount and source of the MRP. Example: $121–Army

4

Make an appropriate entry in the Remarks section to advise the VHA facility of any of the following conditions that affect eligibility for hospitalization or treatment:

  • the Veteran has no period of honorable service
    • the Veteran has forfeited rights to benefits, or
    • the Veteran’s only service was in the Commonwealth Army of the Philippines, Special Philippine Scouts, or recognized Guerrilla Service.

Note: If the Veteran’s only service was in the Commonwealth Army of the Philippines, Special Philippine Scouts, or recognized guerrilla service,

  • medical care is restricted to care provided by the Philippine government, or
  • the Department of Veterans Affairs (VA) may furnish hospital and nursing home care and medical services for treatment of service-connected (SC) disabilities only if the Veteran resides in the US.
5

Upon completion of the requested claims folder review,

  • return the original form to the medical facility
  • file the duplicate form in the claims folder, or upload a copy of the form into the Veteran's electronic claims folder (eFolder), if one is present, and
  • clear an end product (EP) 400.

3Requests Requiring Action by the Authorization Activity

This topic contains information on requests received from VHA facilities that require action by the authorization activity, including

  • requests requiring an administrative decision
  • requests for documentation of service in the offshore waters of the RVN, and
  • processing requests requiring action by the authorization activity.

Revised October 8, 2020

XIII.i.3.A.3.aRequests Requiring an Administrative Decision

Requests involving authorization action generally require an administrative decision so that the originating VHA facility can determine health care eligibility when the

  • Veteran has an OTH discharge, or
  • evidence shows circumstances that require a line-of-duty (LOD) determination.

References: For more information on

  • requests requiring action by the rating activity, see M21-1, Part XIII, Subpart i, 3.A.4, and
  • VHA requests for eligibility determinations for former service members discharged under OTH conditions, see M21-1, Part XIII, Subpart i, 3.B.

XIII.i.3.A.3.bRequests for Documentation of Service in Offshore Waters of the RVN

VHA uses _VA Form 10-7131 _to request that VBA provide documentation that an individual had qualifying service in the offshore waters of the RVN during the Vietnam Era as defined by Public Law (PL) 116-23. Such service may make the individual eligible for higher priority care through VHA. These cases are worked under EP 290 using the special issue Blue Water Agent Orange to ensure that the cases are routed to the centralized processing teams. Claims processors there will

  • perform necessary development
  • prepare an evidence-based determination on whether to concede qualifying service
  • upload the determination to the eFolder, and
  • complete and return Section II of VA Form 10-7131.

Important: These requests are not seeking SC for treatment purposes or a COD determination. Do not require the Veteran to complete an application for VA compensation or other benefits. References: For more information on

  • centralized processing of herbicide claims, see M21-1, Part VIII, Subpart i, 1.A.1, and
  • processing VHA requests for documentation of service in the offshore waters of the Republic of Vietnam, see M21-1, Part XIII, Subpart i, 3.A.3.c.

XIII.i.3.A.3.cProcessing Requests Requiring Action by the Authorization Activity

Follow the steps in the table below when processing a VHA facility's request that requires authorization action.

StepAction
1

Complete the development required to make the requested authorization determination.

2

Prepare

  • a formal administrative decision when required (such as for COD or LOD), or
  • an evidence-based determination of whether to concede that the individual had qualifying service in the offshore waters of the RVN as defined by PL 116-23.
3

Provide the requested information or determination by completing, as applicable

4
  • Return the form via e-mail to the originating VHA facility using the e-mail address noted on the form, and
  • upload a copy of the completed form to the appropriate eFolder.

__

References : For more information on

4Requests Requiring Action by the Rating Activity

This topic contains information on requests from VHA facilities that require action by the rating activity, including

  • RO role in eligibility determinations for medical care
  • processing a request requiring action by the rating activity, and
  • taking rating action for medical care purposes.

Revised June 1, 2021

XIII.i.3.A.4.aRequest for a Determination of SC

When a Veteran applies for medical treatment under 38 U.S.C. 1710, the VHA medical facility determines the Veteran’s eligibility and enrollment category. However, the medical facility may require information from the RO in order to make its determination. What action to take after a VHA request is received will depend on the nature of the request. The request will advise what information or determination by VBA is required. Notes:

  • A VHA facility may request that an RO make a determination on the issue of SC for a particular condition for treatment purposes only. This request may be received on VA Form 10-7131.
  • A copy of VA Form 10-10m, Medical Certificate, along with any other medical evidence available, will routinely be attached to the VA Form 10-7131.
  • A request for a determination of SC for active psychosis under 38 U.S.C. 1702 is an example of a request received from the medical facility on VA Form 10-7131.

References: For more information on

  • respective roles in determinations of eligibility for medical treatment, see M21-1, Part XIII, Subpart i, 3.A.1.b
  • action to take depending on the nature of the VHA request, see M21-1, Part XIII, Subpart 1, 3.A.1.d, and
  • ratings for the purpose of treatment under 38 U.S.C. 1702, see, M21-1, Part XIII, Subpart i, 3.C.

XIII.i.3.A.4.bProcessing a Request Requiring Action by the Rating Activity

When a VHA facility request requires the rating activity to determine eligibility for SC for treatment purposes, follow the steps in the table below.

StepAction

1

Is a rating decision for the condition already of record?

  • If yes , process the request as a request requiring claims folder review only as outlined in M21-1, Part XIII, Subpart i, 3.A.2.
  • If no , go to the next step.

2

Request that the claimant submit an application and refer to the table below to determine the appropriate subsequent action. If an application … Then …

is received within 30 days

  • send Section 5103 notice to the claimant, if required
  • perform the necessary development, and
  • upon completion of development, go to the next step.

is not received within 30 days

  • notify the claimant that VA cannot consider SC without an application

__

Important : Do not generate a rating decision for the purpose of medical care eligibility in the absence of contentions from the Veteran. VA must make an effort to obtain contentions by requesting an application from the Veteran.

Note : Ensure that the request for an application informs the Veteran of the option of submitting a claim electronically.

Reference : For more information on determining whether the issuance of Section 5103 notice is necessary, see M21-1, Part III, Subpart i, 2.B.

3

Take rating action as described in M21-1, Part XIII, Subpart i, 3.A.4.c.

4

When the rating decision is completed,

5

Return VA Form 10-7131 to the originator.

6

Promulgate the rating decision and send notification to the claimant.


Reference : For more information on requests for medical outpatient benefits, see M21-1, Part XIII, Subpart i, 3.A.5.

XIII.i.3.A.4.cTaking Rating Action for Medical Care Purposes

Process requests requiring rating action using the table in M21-1, Part XIII, Subpart i, 3.A.4.b. Important : Individuals who are barred from receiving payment for SC compensation because of a discharge under other than honorable conditions can still receive medical care benefits for a disability incurred or aggravated in the LOD during active military naval or air service as provided by 38 CFR 3.360, and M21-1, Part X, Subpart iv, 1.B.1. In making determinations of SC for medical care eligibility purposes in such a case, use the same criteria that are applicable to determinations of service incurrence and LOD when there is no COD bar. Note : When entering a decision in the Veterans Benefits Management System - Rating allowing SC for treatment purposes, do not enter a disability percentage. The generated text notes that SC is granted for treatment purpose only under 38 U.S.C. Chapter 17, and compensation is not payable for the condition. The effective date field is disabled. Do not attempt to assign an effective date. References: For more information on

5Requests for Outpatient Medical Benefits

This topic contains information on requests for outpatient medical benefits including

  • eligibility
    • for outpatient medical services, and
    • based on the level of disability
  • providing notification of eligibility to the Veteran, and
  • processing eligibility requests.

Revised October 8, 2020

XIII.i.3.A.5.aEligibility for Outpatient Medical Services

Veterans who are enrolled in the VA healthcare system are eligible for outpatient medical services as defined in 38 CFR 17.38. Veterans are assigned to one of eight enrollment priority groups at the time of enrollment. The priority group designation determines whether a co-payment will be required for outpatient services.

XIII.i.3.A.5.bEligibility Based on the Level of Disability

A Veteran with a single SC disability or a combination of disabilities that render him/her at least 50-percent disabled is

  • assigned to Priority Group 1, and
  • eligible for outpatient treatment for all disabilities with no co-payment requirement.

Note: This includes a disability rating of a 50 or 100 percent under 38 CFR 4.28.

XIII.i.3.A.5.cProviding Notification of Eligibility to the Veteran

Following the initial processing of a rating decision establishing the Veteran’s level of disability, send the Veteran

  • a notice of eligibility, and
  • instructions for applying for treatment.

XIII.i.3.A.5.dProcessing Eligibility Requests

When a VHA facility submits _VA Form 10-7131 _requesting information for eligibility of a Veteran under 38 U.S.C. 1710, complete the Remarks section of Part II __ by listing any and all SC and non-service-connected (NSC) disabilities and their assigned evaluations. Important: When VHA uses VA Form 10-7131 to make a request limited to documentation of service in the offshore waters of the RVN, as defined in PL 116-23 , process the request as specified in M21-1, Part XIII, Subpart i, 3.A.3.b and c.

6Eligibility for Medical Treatment Tentatively Approved on Prima Facie Evidence

This topic contains information on tentative determinations of eligibility for medical treatment based on prima facie evidence, including

  • requirements for determining prima facie eligibility
  • station of jurisdiction (SOJ) notification of an initial determination of prima facie eligibility, and
  • processing notice of an initial determination of prima facie eligibility.

Revised July 21, 2015

XIII.i.3.A.6.aRequirements for Determining Prima Facie Eligibility

VHA facilities are authorized to determine prima facie eligibility upon which treatment may be initially authorized if

  • the Veteran was discharged or released with an honorable or general discharge after active service of
    • six or more months, if the enlistment date was prior to September 8, 1980, or
    • 24 or more months, if the enlistment date was September 8, 1980, or later.
  • application is made within six months from the date of discharge or release, and
  • the application of sound medical judgment warrants a tentative conclusion that the condition originated in, or was aggravated during, service.

XIII.i.3.A.6.bSOJ Notification of an Initial Determination of Prima Facie Eligibility

If treatment based on prima facie eligibility is initially authorized by VHA, then VHA

  • prepares a VA Form 10-7131 and annotates the form to show Medical care being authorized for[condition] on prima facie evidence of eligibility , and
  • forwards the completed form along with a copy of the VA examination, hospital report, or outpatient treatment report, as applicable, to the station of jurisdiction (SOJ).

XIII.i.3.A.6.cProcessing Notice of an Initial Determination of Prima Facie Eligibility

Follow the steps in the table below upon receipt of a _VA Form 10-7131 _communicating authorization of treatment for certain conditions based on prima facie eligibility. _ _

StepAction
1

Perform necessary development for service treatment records (STRs).

2

Refer the case to the rating activity for determination of SC for the condition(s) at issue.

3

Return the completed VA Form 10-7131 by following guidance in M21-1, Part XIII, Subpart i, 3.A.4.b.

End of Part XIII, Subpart i, Chapter 3, Section A

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

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