SUBJECT: General information on VA Form 3101 requests

1. Purpose.  This memorandum issues and transmits information of a general nature about VA Form 3101 requests. This memorandum contains the background and reference information pertinent to the working of VA cases. The detailed procedural instructions for processing regular VA Form 3101 requests are found in NPRC 1865.38. VA requests for basic pay data are covered in NPRC 1865.41.

2. Cancellation.  NPRC 1865.37A is canceled.

3. Reason for revision.  NPRC 1865.37 is revised to reflect addresses for the VA Regional Offices including their station numbers. A sample of the automated VA 3101 is included also.

4. Applicability.  This memorandum is applicable to the correspondence employees of each reference branch and to the Record Reconstruction Branch and to the Incoming Mail Unit.

5. Forms.  This memorandum provides for the use of the following forms:

VA Form 07-3101, Request for Information.
VA Form 07-3101a, Request for Information.
DD Form 214, Certificate of Release or Discharge from Active Duty

1. Purpose.  This memorandum transmits page changes to NPRC 1865.37B.

2. Explanation of changes.  Par. 6 has been updated to include the Website of VA facilities.  App. B has been updated to reflect the current addresses of Department of Veterans Affairs Stations.

3. Instructions.  Remove pp. 3/4, and pp. 5/6 of app. B and insert revised pp.
 

DAVID L. PETREE
Director

1. Purpose.  This memorandum transmits page changes to NPRC 1865.37B.

2. Explanation of changes.  App. B has been updated to reflect the current addresses of Department of Veterans Affairs Stations.

3. Instructions.  Remove pp. 1/2, and pp. 5/6 of app. B and insert revised pp.
 

R. L. HINDMAN
Director

1. Purpose.  This memorandum transmits page changes to NPRC 1865.37B.

2. Explanation of changes.  App. B has been updated to reflect the new address for the VARO, in Decatur, GA.

3. Instructions.  Remove pp. 1/2, and insert revised pp.
 

R. L. HINDMAN
Director

1. Department of Veterans Affairs responsibilities.  The Department of Veterans Affairs (VA) is primarily responsible for administering the Federal laws providing benefits to veterans and their dependents.

2. Federal laws relating to veterans.  General information on the Federal laws providing benefits to veterans and their dependents which pertain to VA requests processed by NPRC will be found in Appendix A.

3. Types of VA claims.  Claims for benefits are filed with the VA Offices by the former service person or dependent of a deceased service person. The types of applications or claims are:

a. Disability Compensation.

b. Pension (Disability or Death).

c. Death or Death Compensation.

d. Burial Allowance.

e. Body Held.

f. Hospitalization.

g. Domiciliary.

h. Dental.

I. Insurance (Waiver, Claim, Application, SGLI).

j. Education (Title II).

k. Loan (Title III).

l. Unemployment Compensation (Title XV SSA).

a. Compensation and Dependency and Indemnity Compensation (DIC).  These are monetary benefits awarded for service-connected death or disability. They may be awarded to a former service person who performed wartime or peacetime service, or to widows, children, and dependent parents of deceased former service persons.

b. Pension.  Pension is a monetary benefit awarded for non-service connected death or disability. It is payable only to former service persons who served in time of war and to widows and children of deceased former service persons who had wartime service. It is also payable to the widow and children of a veteran whose death in service was not in line of duty if he had two years good service on the enlistment prior to death.

c. Hospitalization.  The VA operates 162 hospitals. Admission is authorized on a priority basis for former service persons. Dependents are admitted if the veteran has permanent and total service connected disability or if he/she died of a service connected disability.

d. Education.  Monetary benefits may be provided for veterans and in-service personnel. If the veteran died of a service connected disability or died while having or has a total disability permanent in nature resulting from a service connected disability, his/her dependents may be authorized education benefits. Vocational rehabilitation may be provided to veterans with service connected disabilities.

e. Loans.  Home loan guarantees and loans are provided for wartime and peacetime veterans or the unremarried spouse of a veteran who died of service connected disabilities or is a prisoner of war or missing in action for over 90 days.

f. Burial allowance and burial plot allowance.  The deceased veteran must have been discharged under conditions other than dishonorable and have been a wartime veteran; or a peacetime veteran entitled to service connected disability compensation at the time of death or discharge or retired for disability incurred in the line of duty.

g. Insurance.  National Service Life Insurance, Servicemen's Group Life Insurance, or Veterans Group Life Insurance.

h. Other benefits.  Other benefits include specially adapted homes, specially equipped automobiles, and clothing allowance for veterans with service connected disabilities.

a. Mexican Border Service.  May 9, 1916, through April 5, 1917. This service is creditable only for veterans who served one or more days during this period in Mexico, on the border thereof, or in waters adjacent thereto. "On the border thereof" has been defined as including the entire states of Arizona, California, New Mexico, and Texas, and the nations of Guatemala and British Honduras. "In the waters adjacent thereto" is defined as the waters (including islands therein) which are within 750 nautical miles (863 statute miles) of the coast of the mainland of Mexico.

b. World War I.  April 6, 1917, through November 11, 1918. This period is extended through April 1, 1920, for those veterans who served with the United States military forces in, or on the waters adjacent to, Russia. For compensation and pension purposes only, World War I service includes any period after November 11, 1918, through July 1, 1921, provided the veteran served on active duty in Armed Forces for any period between April 5, 1917, through November 11, 1918.

c. World War II.  December 7, 1941, through December 31, 1946. For compensation purposes, if the veteran was on active duty on December 31, 1946, continuous active duty thereafter through July 25, 1947, is considered World War II service. For purposes of Vocational Rehabilitation and Education and Loan Guaranty program, the period beginning September 16, 1940, through July 25, 1947, is considered World War II service.

d. Korean Conflict.  June 27, 1950, through January 31, 1955.

e. Vietnam Era.  August 5, 1964, through May 7, 1975. GI Bill education benefits accrue to individuals entering military service before January 1, 1977.

f. Persian Gulf War.  August 2, 1990, through date to be prescribed by Presidential proclamation or law.

7. Request forms.

a. VA Form 07-3101.  VA Form 07-3101, Request for Information, referred to generally as VA Form 3101, is the primary form used by the VA to request service and medical data and records for processing claims filed by veterans or their next of kin. See Fig. 1 for an example of an automated VA Form 3101 and Fig. 2 for manual VA Form 3101.

b. VA Form 07-3101a.  VA Form 3101a, Request for Information, Fig. 3 is an alternate method used by the VA to request records. A copy of the veteran's DD Form 214, Certificate of Release or Discharge from Active Duty, or equivalent, SHOULD be attached to the VA Form 3101a upon receipt from the VA. In this way the VA does not need to transcribe the information from the DD Form 214 to the VA Form 3101a. If the VA 3101a with DD Form 214 attached requests verification of service (item 4, service block checked) the VA is asking for verification or confirmation that the DD Form 214 attached is authentic and not fraudulent. NPRC personnel will compare the DD Form 214 sent by the VA with the DD Form 214 in the service record.

1. SERVICEMEN'S READJUSTMENT ACT OF 1944, PUBLIC LAW 346, 78TH CONGRESS.  This Act is also known as the "G. I. Bill of Rights" and was enacted to provide Federal Government aid for the readjustment in civilian life of World War II veterans who performed active military service on or after September 16, 1940, and prior to July 25, 1947. It provides for hospitalization; education; loans for the purchase or construction of homes, farms and business properties; employment; and readjustment allowance for unemployed veterans.

2. ARMED FORCES VOLUNTARY RECRUITMENT ACT OF 1945, PUBLIC LAW 190, 79TH CONGRESS.  This Act was enacted to stimulate volunteer enlistments in the regular enlistments of the Armed Forces. It provides, in part, that for the purpose of entitlement to certain benefits under the Servicemen's Readjustment Act of 1944, service during World War II was to be considered not terminated until the expiration of the enlistment contract of those individuals enlisting or reenlisting within one year after October 6, 1945.

3. VETERANS' READJUSTMENT ACT OF 1952, PUBLIC LAW 550, 82ND CONGRESS.  This law was enacted for the purpose of assisting in the readjustment from military to civilian life for persons who served in the Armed Forces on or after June 27, 1950, and prior to February 1, 1955, by providing vocational readjustment; educational opportunities, home, farm and business-loan benefits; unemployment compensation benefits; and employment assistance.

4. SERVICEMEN'S AND VETERANS' SURVIVOR BENEFITS ACT, PUBLIC LAW 881, 84TH CONGRESS.  This law was enacted to provide benefits for the survivors of servicemen and veterans. Under Title II of this Act, widows, children and dependent parents are entitled to dependency and indemnity compensation when the member involved dies on or after January 1, 1957, from the following:

a. Disease or injury incurred or aggravated in line of duty while on active duty or inactive duty for training.

b. Injury incurred or aggravated in line of duty while on inactive duty training.

c. A disability compensable under laws administered by the Veterans Administration.

6. EX-SERVICEMEN'S UNEMPLOYMENT COMPENSATION ACT OF 1958, PUBLIC LAW 848, 85TH CONGRESS.  This law amended Title XV of the Social Security Act to extend unemployment compensation to certain ex-servicemen and vested in the Secretary of Labor the responsibility for its administration. The Veterans Administration agreed to make available to the Secretary of Labor or the State Unemployment Security Agencies information from its records relative to the military service of an applicant for benefits under this Act. If the required information is not available from the Veterans Administration records, it will be obtained from the service department concerned by use of VA Form 3101 bearing the legend "Unemployment Compensation."

7. TITLE 38, U. S. C., VETERANS' BENEFITS.  This Title enacted by Public Law 857, 85th Congress, approved September 2, 1958, is an Act to consolidate into one Act all the laws administered by the Veterans Administration. Veterans' Benefits Act of 1957, Public Law 56, 85th Congress, was repealed by Title 38, U.S.C.

8. PUBLIC LAW 492, 86TH CONGRESS (SERVICEMEN'S AND VETERANS' SURVIVOR BENEFITS ACT, PUBLIC LAW 881, 84TH CONGRESS, AMENDMENT THERETO.  This Act liberalizes the standard for determining a monthly rate of dependency and indemnity compensation payable to the widows of certain veterans who died of service-connected causes, such rate ($120.00 plus 12% of the veteran's basic pay) is generally computed on the basic pay for the rank held by the veteran at the time of his death in service or his last discharge. If greater payment would result, the Act permits use of the basic pay for a higher rank than that held at the time of death or discharge, where the veteran has satisfactorily served in such higher rank on active duty for six months or more and within 120 days of his death or discharge.

9. PUBLIC LAW 101, 87TH CONGRESS (LIBERALIZED SERVICE REQUIREMENTS FOR PENSION).  One of the basic eligibility requirements for pension is 90 days or more creditable wartime service. This law permits the combining of two or more separate periods of service during more than one war to meet the 90 days service requirement for pension. Prior law permitted the combining of two or more periods of service only if performed during a single period of war.

10. PUBLIC LAW 102, 87TH CONGRESS (TRAVEL TIME COUNTED AS ACTIVE SERVICE).  This law includes as active duty the travel time necessary for the veteran to proceed to his home by the most direct route from place of discharge, and in any event, until midnight of the day of discharge. The law not only affects service-connected benefits for disability or death incurred during such travel time, but this travel time also counts toward the 90-day service requirement for pension eligibility.

11. PUBLIC LAW 138, 87TH CONGRESS (SPECIAL PENSION INCREASE FOR PERSONS ON MEDAL OF HONOR ROLL).  This law increased from $10.00 to $100.00 the special monthly pension rate for persons on Army, Navy and Air Force Medal of Honor Roll; lowered the age requirement from 65 to 50; and eliminated the requirement of Honorable Discharge from service. The benefit is payable in addition to active duty pay or any gratuitous VA benefit and is based upon certification from the appropriate service department that the Medal of Honor holder has been entered on the Special Medal of Honor Roll. The age requirement was further reduced to 40 years by Public Law 651, 88th Congress, and this requirement was removed by Public Law 311, 89th Congress.

12. PUBLIC LAW 134, 88TH CONGRESS.  This Act increases the basic monthly rate of dependency and indemnity compensation (DIC) payable to widows of certain veterans who died of service-connected causes. The rate of DIC under this Act is $120.00 plus 12% of the veteran's basic pay. The old rate of DIC, under Public Law 881, 84th Congress, was $112.00 plus 12% of the veteran's basic pay.

13. PUBLIC LAW 214, 89TH CONGRESS (SERVICEMEN'S GROUP LIFE INSURANCE).  This Act provides special indemnity insurance for members of the Armed Forces. They are automatically insured for $10,000 unless they elect not to be insured or to be insured in the amount of $5,000. The insurance remains in effect for 120 days after separation or release from active duty. During this period a member may convert to an individual policy with an insurance company qualified to participate in the program.

14. PUBLIC LAW 358, 89TH CONGRESS.  Extended loan guaranty benefits to active duty service personnel and post-Korean veterans with sufficient qualifying service; established funding fee requirement of post-Korean veterans obtaining home loans; increased direct loan maximum.

15. PUBLIC LAW 501, 89TH CONGRESS.  This Act contains a table of basic pay rates for military personnel effective July 1, 1966.

16. PUBLIC LAW 622, 89TH CONGRESS.  Eliminates the requirement that a person must have served in the higher rank or rating within 120 days of death or last separation.

17. PUBLIC LAW 96, 91ST CONGRESS.  Amends the pay basis for Dependency and Indemnity Compensation (DIC) from an amount based on the veteran's actual pay status (grade and years of service) to a flat amount for each pay grade.

18. PUBLIC LAW 189, 91ST CONGRESS.  This law amends the War Claims Act of 1948 to include prisoners of war captured during the Vietnam conflict.

19. PUBLIC LAW 291, 91ST CONGRESS (SERVICEMEN'S GROUP LIFE INSURANCE).  Increases from $10,000 to $15,000 the maximum amount of insurance authorized under the servicemen's group life insurance (SGLI) program. Extends coverage to all reservists, members of the National Guard, and ROTC members while engaged in authorized training duty and while traveling to and from such duty.

20. PUBLIC LAW 506, 91ST CONGRESS.  Authorized VA to guarantee or make mobile home, mobile home lot, refinancing and certain condominium loans; eliminated all dates for expiration of loan guaranty entitlement; provided for direct loans to supplement specially adapted housing grants; ended the funding fee requirement.

21. PUBLIC LAW 198, 92ND CONGRESS.  Provides that Mexican Border Service qualifies as wartime service if veteran served in the prescribed area for one or more days during the specified period.

22. PUBLIC LAW 43, 93RD CONGRESS (NATIONAL CEMETERIES ACT OF 1973).  Transfers national cemeteries from the Department of the Army to the Veterans Administration. Specifically excluded: Arlington National Cemetery, the cemeteries at the three military academies, at the U. S. Soldiers' and Airmen's Home, and at the U.S. Naval Home, and the cemeteries operated by the Department of the Interior.

23. PUBLIC LAW 289, 93RD CONGRESS.  Increases from $15,000 to $20,000 the maximum amount of insurance authorized under Servicemen's Group Life Insurance program (SGLI); extends full coverage to certain non-Regulars; creates a new $20,000 term policy for people who leave active duty from the date of the bill and, on application, to those discharged with the four years preceding it; and provides that dividends, beginning January 1, will be paid to Korea-era servicemen who held Veterans Special Term Life Insurance.

24. PUBLIC LAW 82, 93RD CONGRESS (VETERANS HEALTH CARE EXPANSION ACT OF 1973).  This Act amends Title 38 U.S.C. to provide improved and expanded medical and nursing home care; a CHAMPUS-type program for dependents and survivors; sickle cell anemia screening; improve recruitment retention of DM&S personnel; maintain bed and treatment capacities of all VA facilities and improve structural safety of VA facilities.

25. PUBLIC LAW 77, 90TH CONGRESS.  Establishes the dates for the periods of war, (enacted August 31, 1967).

26. PUBLIC LAW 569, 93RD CONGRESS.  Removed compelling reason requirement for restoration of loan guaranty entitlement; increased guaranty amount of $17,500 and limits on mobile home and/or lot loans; ended the farm and business loan programs.

27. PUBLIC LAW 324, 94TH CONGRESS.  Increased guaranty for mobile home and/or lot loans from 30 to 50 percent; increased direct loan maximum to $33,000; extended eligibility to veterans who served exclusively between World War II and the Korean conflict.

28. PUBLIC LAW 491, 94TH CONGRESS (ALLIED VETERANS).  This Act amends Title 38 U.S.C. 109 by adding (c) to provide hospital and medical care with U. S. to certain members of armed forces of Czechoslovakia or Poland who participated in armed conflict with an enemy of the U. S. during WWI or WWII.

29. PUBLIC LAW 502, 94TH CONGRESS.  Provides a new education benefit program for persons entering service after December 31, 1976. The "Post-Vietnam Veterans' Educational Assistance Act" is a voluntary contributory matching-program.

30. PUBLIC LAW 581, 94TH CONGRESS (VETERANS OMNIBUS HEALTH CARE ACT OF 1976).  This law amends Title 38, U.S.C. to improve the quality of hospital care, medical services and nursing home care in Veterans' Administration health care facilities; to make certain technical and conforming amendments; and for other purposes.

31. PUBLIC LAW 126, 95TH CONGRESS (ENACTED OCTOBER 8, 1977).  This law amended Title 38, U.S.C. regarding the VA's definition of "eligibility for complete separation," and consequently, the veteran's eligibility for VA benefits.

32. PUBLIC LAW 102-25, 102ND CONGRESS (PERSIAN GULF WAR VETERANS' BENEFITS ACT OF 1991).  This law amended Title 38, U.S.C. to add the Persian Gulf War as an official "period of war" for the purpose of veterans' benefits.