Part XIV, Chapter 3

updated vital information, such as DOB, Social Security number (SSN), and so forth

• update any erroneous data element(s) in the appropriate VA systems, and
  • clear EP 130.

Reference: For more information on evidence required to change or correct existing vital information about a beneficiary, see M21-1, Part II, Subpart iii, 3.B.

• the beneficiary is not alive, and

• the award is not in suspense due to the Death Master File (DMF) match

• discontinue the award under EP 130, based on the date of death shown in SSA INQUIRY results, and

• furnish contemporaneous notice of the action taken.

Note : A Veteran’s award should be discontinued using the FIRST NOTICE OF DEATH (FNOD) command. Follow the procedures in M21-1, Part XI, Subpart i, 1.B.2.a and M21-1, Part XI, Subpart i, 1.A. The FNOD will clear any pending EPs.

• the beneficiary is not alive, and
• the award is in suspense due to the DMF match

follow the procedures in M21-1, Part XIV, 2.B.

• the beneficiary is alive, and
• no changes are needed to vital information

clear EP 130.Important : If the beneficiary is receiving pension or survivor benefits, review to ensure Social Security income is properly counted as listed on the row below and establish an EP 150 when necessary.

the beneficiary receives Social Security benefits

verify that any Social Security benefits are being properly counted on any award of income-dependent VA benefits.

• If the income is being properly counted,
  • clear EP 150, and
  • take no further action.
• If the income is not properly counted, and a corresponding adjustment to the beneficiary’s award
  • would not result in a reduction of benefits, make the award adjustment under EP 150, or
  • would result in a reduction of benefits,
    • clear EP 150
    • establish EP 600, and
    • furnish a notice of proposed adverse action for an adjustment based on the rate and effective date of the Social Security benefits.

Does a review of the claims folder reveal a name, SSN, or DOB that differs from the name, SSN, or DOB in the corporate record?

• If yes ,
  • update the system using the name, SSN, and/or DOB identified in the claims folder
  • make another attempt to access data in the beneficiary’s SSA records through FOLQ, and
  • go to the next step.
• If no , (claims folder did not reveal any changes), go to
  • Step 3 if the beneficiary is receiving compensation, or
  • Step 4 if the beneficiary is receiving pension or survivor benefits.

Was the attempt to access data in the beneficiary’s SSA records through FOLQ successful?

• If yes ,
  • disregard the remaining steps in this table, and
  • follow the instructions in M21-1, Part XIV, 3.2.b.
• If no , go to
  • Step 3 if the beneficiary is receiving compensation, or
  • Step 4 if the beneficiary receiving pension or survivor benefits.

• Add the Potential Under/Overpayment special issue if the beneficiary is receiving disability compensation, and
  • go to the next step.

Reference: For more information on the purpose of the Potential Under/Overpayment special issue, see M21-1, Part II, Subpart i, 2.D.3.a.

• Attempt to contact the beneficiary by telephone, requesting confirmation of the individual’s
  • name
  • SSN, and
  • DOB.
  • Advise the beneficiary that
    • this information is required, and
    • failure to provide the information will result in a termination of payments.

Note: Follow the instructions in M21-1, Part III, Subpart i, 2.D.1.e, when obtaining information from a beneficiary by telephone.

Was information required to successfully access data in the beneficiary’s SSA records through FOLQ obtained from the beneficiary?

• If yes ,
  • disregard the remaining step in this table, and
  • follow the instructions in M21-1, Part XIV, 3.2.b.
• If no , write to the beneficiary,
  • explaining that the information provided did not match SSA records
  • asking for a statement from SSA showing the beneficiary’s
    • SSN, and
    • DOB, and
  • allow 30 days for a response.

If, after 30 days from the date of the written request, the beneficiary fails to provide the information required to successfully access SSA records through FOLQ,

• clear EP 130
• establish EP 600, 100-Year Review for compensation or PMC 100-Year Review for pension and survivor beneficiaries, and
• send a notice of proposed adverse action proposing to terminate benefits from the date of inception under the provisions of 38 CFR 3.652(a)(1).

responds by providing all documents requested

Update any vital information needed and clear EP 130. No further action is necessary.

• does not respond, or

• provides only partial information requested

• Clear EP 130

• establish EP 600, PMC 100 Year Review , and

• send notice of proposed adverse action proposing to terminate benefits from the date of inception if all the documents requested in the development letter are not provided.