If a court decree Then … … declares a Veteran, previously take the necessary development incompetent, competent action, and prepare a new rating, prominently entering a notation of the court’s declaration on the rating, if incompetency is confirmed and continued. applies to a non-Veteran request the VSCM to promptly certify the beneficiary for whom a rating of validity of the decree so that direct incompetency is not required payments may be made to the beneficiary. e. VSR Actions Use the table below to determine the appropriate actions following receipt of When a request to reinstate benefits for a Veteran previously-rated incompetent, Reinstating whose benefits were terminated due to Benefits for a Veteran failure to submit VA Form 21-0516-1, Improved Pension Eligibility Previously Verification Report Rated failure to report for VA reexamination per Incompetent failure to notify VA of whereabouts, or similar instance of failure to participate in the claims process. If new medical evidence... Then the VSR will... is not received with the request to reinstate benefits, as warranted, with reinstate benefits continuation of the prior incompetency determination without rating action. is received with the request to refer the newly-received medical reinstate benefits evidence to RVSR for review for competency determination. f. RVSR Use the table below to determine the appropriate actions after a VSR has Actions When referred a claims folder for RVSR review due to the receipt of new medical Reinstating evidence from a Veteran previously-rated incompetent who is now requesting Benefits for a reinstatement of benefits. Veteran Previously Rated Incompetent If the medical evidence received... Then ... shows the Veteran continues to be no rating action is necessary. incompetent, or does not address the Veteran’s RVSR should prepare VA Form competency Deferred Rating Decision,
If a court decree … Then … declares a Veteran, previously incompetent, competent take the necessary development action, and prepare a new rating, prominently entering a notation of the court’s declaration on the rating, if incompetency is confirmed and continued. applies to a non-Veteran beneficiary for whom a rating of incompetency is not required request the VSCM to promptly certify the validity of the decree so that direct payments may be made to the beneficiary. e. VSR Actions When Reinstating Benefits for a Veteran Previously Rated Incompetent Use the table below to determine the appropriate actions following receipt of a request to reinstate benefits for a Veteran previously-rated incompetent, whose benefits were terminated due to failure to submit VA Form 21-0516-1, Improved Pension Eligibility Verification Report failure to report for VA reexamination per failure to notify VA of whereabouts, or similar instance of failure to participate in the claims process. If new medical evidence... Then the VSR will... is not received with the request to reinstate benefits reinstate benefits, as warranted, with continuation of the prior incompetency determination without rating action. is received with the request to reinstate benefits refer the newly-received medical evidence to RVSR for review for competency determination. f. RVSR Actions When Reinstating Benefits for a Veteran Previously Rated Incompetent Use the table below to determine the appropriate actions after a VSR has referred a claims folder for RVSR review due to the receipt of new medical evidence from a Veteran previously-rated incompetent who is now requesting reinstatement of benefits. If the medical evidence received... Then ... shows the Veteran continues to be incompetent, or does not address the Veteran’s competency no rating action is necessary. RVSR should prepare VA Form Deferred Rating Decision,