Revised February 3, 2011
XIII.ii.5.A.1.aEligibility for an Appointment to a Service Academy
Appointments to the U.S. Military, Air Force, and Naval Academies may be obtained by sons or daughters of a Veteran who
- died as the result of service-connected (SC) disabilities, or
- has SC disabilities that are rated at not less than 100 percent.
The Department of Veterans Affairs’ (VA’s) determination as to service connection (SC) for the cause of death or disability, as well as the degree of disability, is binding on the Secretary of War under 10 U.S.C. 7442, 10 U.S.C. 8454, and 10 U.S.C. 9342.
XIII.ii.5.A.1.bInquiries Regarding Eligibility for an Appointment to a Service Academy
Use the table below to determine what action to take when VA receives an inquiry regarding eligibility for an appointment to a service academy.
| If VA receives an inquiry regarding eligibility for an appointment to a service academy, and … | Then … |
|---|---|
| a rating decision of record allowing or denying SC for the cause of death or disability must be accepted for that purpose.Note: VA provides the rating decision of record to the person inquiring only if requested. Otherwise, VA sends only the certificates as shown in M21-1, Part XIII, Subpart ii, 5.A.1.e. |
a claim for benefits
| furnish a statement to that effect, explaining that in the absence of a claim, VA cannot furnish a certificate. |
a rating decision is deferred pending further development | inform the correspondent. |
XIII.ii.5.A.1.cWho May Sign the Certificate for an Appointment to a Service Academy
A Senior Veterans Service Representative or other designee may sign the certificate in the name of the Veterans Service Center Manager or Pension Management Center Manager.
XIII.ii.5.A.1.dWhen to Furnish Certification of the Disability Rating of Record
On request, furnish a certification of the disability rating of record, even if it is a temporary rating. If the 100-percent evaluation is assigned under 38 CFR 4.28, 38 CFR 4.29, or 38 CFR 4.30 of the rating schedule
- include a statement that the evaluation is temporary, and
- show the basis for the evaluation, such as hospitalization or convalescence.
XIII.ii.5.A.1.eWording on Certification of Disability Rating of Record
Use the following wording on the certificate when responding to inquiries:Death Cases: “The Department of Veterans Affairs has determined that for the purpose of Public Law 586, 81st Congress, as amended, the death of [name]from [cause]on [date]was (not) caused by wounds or injuries received or disease contracted or aggravated in active service.Disability Cases: “ The Department of Veterans Affairs has determined that for the purpose of Public Law 586, 81st Congress, as amended, [name]has (does not have) disability evaluated at 100 percent caused by wounds or injuries received or disease contracted or aggravated in active service.”
End of Part XIII, Subpart ii, Chapter 5, Section A