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DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
Washington, D.C. 20420
December 9, 2009
Director (00/21) Fast Letter 09-52
All VA Regional Offices and Centers
In Reply Refer To: 212
SUBJ: Verification of Participation in “Special Operations” Incidents
Purpose
This fast letter provides instructions for verifying a Veteran’s involvement in Special Operations Forces classified missions or obtaining related classified documents.
Developing for “Special Operations” Incidents
When a Veteran claims that an injury or disability occurred during a Special Operations assignment, the Veterans Service Representative (VSR) must include the Special Operations development paragraph (Enclosure 1) in the Veterans Claims Assistance Act (VCAA) letter.
If a reply is not received within 30 days, continue to process the claim in accordance with standard procedures.
If the Veteran responds and provides at least the location (city/province and country) where the incident took place and the approximate date (within a two-month period) of the incident, the VSR will route the claims folder to the Military Records Specialist (MRS). The MRS will complete the Special Operations Forces Incident document (Enclosure 2) and send it via encrypted e-mail to VAVBASPT/RO/SOCOM.
Handling Incomplete Responses
If the VSR reviews the information provided by the Veteran and determines it is incomplete, the VSR must send a 30-day follow-up letter explaining what information is missing and why the information is needed.
If the Veteran fails to respond to the follow-up letter within 30 days, or submits insufficient information in response to the follow-up letter, continue to process the claim and promulgate a rating decision with the evidence in the claims file. In the decision
Page 2.
Director (00/21)
notification letter, advise the Veteran we were not able to verify an incident in service
related to the claimed disability, and identify the information that is still needed to verify the incident.
Information Received from Classified Service Records
The information received from United States Special Operations Command (USSOCOM) will often be from a casualty report and may be limited to the date of injury, location where the injury occurred, and a brief description of the injury or illness. In some instances, the response will only confirm that the Veteran participated in Special Operations due to the operation still being considered classified.
Special Operations are operations that have the characteristics of combat; therefore,
38 CFR 3.304(d) will apply in all cases where a Veteran’s participation in Special Operations is verified.
Questions
Questions about this letter should be e-mailed to VAVBAWAS/CO/212A.
/S/
Bradley G. Mayes
Director
Compensation and Pension Service
Enclosures: Special Operations Unit Development Paragraph
Special Operations Forces Incident Form
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