M21 1MRX 16

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					                                                                         M21-1MR, Part X, Chapter 16

                       Chapter 16. Fugitive Felon Match
1. Identification of Fugitive Felons

Introduction       This topic contains information on the identification of fugitive felons,
                   including

                    the legal basis for the fugitive felon match
                    the objectives of the fugitive felon match
                    the definition of fugitive felon
                    determining the start and end dates of fugitive felon status, and
                    the responsibilities of the
                      Office of Inspector General (OIG), and
                      Veterans Benefits Administration (VBA).


Change Date        November 22, 2011


a. Legal Basis     38 U.S.C. 5313B prohibits payment to
for the Fugitive
Felon Match         Department of Veterans Affairs (VA) beneficiaries while they are fugitive
                     felons, and
                    dependents of a Veteran beneficiary who is a fugitive felon.

                   Notes:
                    The prohibition of payment under 38 U.S.C. 5313B does not apply to Old
                     Law Pension or Section 306 Pension beneficiaries.
                    Dependent children of a fugitive surviving spouse may receive benefits in
                     their own right. However, a primary beneficiary may not receive additional
                     compensation or Dependents and Indemnity Compensation (DIC) or a
                     higher maximum annual pension rate for a fugitive felon dependent.

                   Reference: For more information on the prohibition of payment to fugitive
                   felons, see
                    38 CFR 3.665(f) (compensation and DIC)
                    38 CFR 3.666(e) (pension), and
                    VAOPCGPREC 7-2002.

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1. Identification of Fugitive Felons, Continued

b. Objectives      The objectives of the fugitive felon match are to
of the Fugitive
Felon Match         assist law enforcement agencies (LEAs) in the apprehension of fugitives,
                     and
                    prevent payment of benefits to fugitive felons.


c. Definition:     A fugitive felon is defined as a person who is
Fugitive Felon
                    fleeing to avoid prosecution, custody or confinement for a felony, or
                    considered a fugitive because he/she violated a condition of probation or
                     parole imposed for commission of a felony.

                   A beneficiary or dependent who is the subject of a valid outstanding felony
                   arrest warrant is presumed to be a fugitive felon for VA purposes.

                   Note: An arrest warrant is simply an order from a magistrate or other official
                   authorized to issue such warrants directing that a named individual be
                   arrested and brought before the issuing official.


d. Determining     A person is considered to be in fugitive felon status from the later of the
the Start Date     following dates:
of Fugitive
Felon Status        the date of the warrant, or
                    December 27, 2001, the date of the fugitive felon law.

                   Note: If the warrant was cleared within 30 days of issuance, it is not
                   necessary to terminate VA benefits.


e. Determining     A person is considered to be out of fugitive felon status from the earlier of
the Ending         the following dates:
Date of Fugitive
Felon Status        the date of arrest for the particular warrant that is the subject of the referral
                     from the Office of Inspector General (OIG), or
                    the date the warrant is determined to be invalid by the warrant agency, a
                     court, or OIG.

                   Important: There may be multiple warrants on an individual fugitive. Do
                   not resume benefits without determining that the warrant that has been
                   cleared is the same as the warrant which was the object of the referral.

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                                                                       M21-1MR, Part X, Chapter 16

1. Identification of Fugitive Felons, Continued

f.                 OIG is responsible for
Responsibilities
of OIG              entering into computer matching agreements with law enforcement
                     authorities (LEAs)
                    matching lists of fugitives from Federal and State LEAs with VA records to
                     identify VA beneficiaries who may be fugitive felons
                    investigating matched cases to determine whether the fugitive and the VA
                     beneficiary are the same person
                    referring information about the beneficiary such as his/her address and
                     direct deposit number to the LEA (Note: The LEA is given 60 days to
                     apprehend the beneficiary.)
                    referring matched cases to the Veterans Benefits Administration (VBA)
                     after the expiration of the 60 days delay period allowed for the LEA to
                     apprehend the fugitive, and
                    providing VBA with ongoing advice, assistance, and investigative resources
                     to help resolve issues concerning the legal status of fugitive felons.


g.                 VBA is responsible for
Responsibilities
of VBA              controlling fugitive felon forms referred by OIG
                    initiating due process procedures
                    discontinuing benefits to beneficiaries and dependents during periods when
                     the beneficiary or dependent is in fugitive felon status, and
                    resuming benefits when adequate evidence is received that the warrant has
                     been cleared.

                   Note: Upon receipt of adequate evidence that the warrant has been cleared,
                   VA usually resumes benefits on the date the warrant is cleared, and not
                   retroactively to the date benefits were discontinued. Typically, an “invalid”
                   warrant was valid until the date it was declared invalid.

                   References: For more information on
                    the effective dates of award adjustments, see
                      M21-1MR, Part X, 16.2.d, and
                      M21-1MR, Part X, 16.2.e, and
                    evidence required to show that fugitive status has been cleared, see M21-
                     1MR, Part X, 16.3.a.




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M21-1MR, Part X, Chapter 16

2. Fugitive Felon Award Adjustments

Introduction     This topic contains information on fugitive felon award adjustments,
                 including

                  the forms OIG uses to refer cases to VBA
                  the actions taken to process referral forms
                  due process procedures
                  the effective dates to discontinue or resume an award
                  handling cases in which the warrant has been cleared
                  determining whether 38 CFR 3.31 applies to the payment date
                  the use of reason code 47 in the Benefits Delivery Network (BDN)
                  the award action to take when discontinuing payments
                  handling cases involving disability, severance, or readjustment pay
                   recoupment, and
                  adjusting awards involving entitlement to clothing allowance.


Change Date      November 22, 2011


a. Forms OIG     In general, OIG uses a standardized form, FFP-3, VA Investigative Summary
Uses to Refer    Form, for referring fugitive felon cases to VBA. However, on occasion, a
Cases to VBA     case will be referred on FFP-2, Law Enforcement Certification Form, or
                 similar forms.


b. Actions       The table below shows the actions OIG, Compensation and Pension (C&P)
Taken to         Service, and the regional office (RO) take to process fugitive felon referral
Process          forms.
Referral Forms

                   Step                                      Action
                    1         Periodically, OIG sends batches of FFP-3 forms involving
                              beneficiaries in receipt of compensation or pension to C&P
                              Service.

                              Note: Unless all major identifying data match exactly, OIG
                              agents independently verify that the VA beneficiary and the
                              fugitive are one and the same before referring the FFP-3 forms to
                              VBA.

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                                                                     M21-1MR, Part X, Chapter 16

2. Fugitive Felon Award Adjustments, Continued

b. Actions Taken to Process Referral Forms (continued)


                   Step                                  Action
                    2      C&P Service

                            sorts the FFP-3 forms by office of jurisdiction, and
                            sends them to the attention of the primary fugitive felon
                             coordinator at the RO.

                           Note: C&P Service will generally not refer an FFP-3 form to the
                           RO if the warrant was cleared within 30 days of issuance.

                           Reference: For more information, see M21-1MR, Part X, 16.4.a.
                     3     Upon receipt of the FFP-3 forms, the RO initiates development or
                           due process action with the beneficiary, as appropriate.

                           Notes:
                            The warrant date appears near the top of the FFP-3 form under
                             the heading “WARRANT INFORMATION.” If OIG has
                             determined the warrant has been cleared, the date the warrant
                             was cleared will appear as the “Arrest Date” or “Warrant
                             Invalid Date” under the heading “INVESTIGATIVE
                             SUMMARY.”
                            Development is not usually necessary before initiating due
                             process procedures, because OIG will have verified that the
                             warrant was still outstanding before referring the case to VBA
                             In almost all cases the RO can initiate due process procedures
                             upon receipt of the FFP-3 form.

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2. Fugitive Felon Award Adjustments, Continued

c. Due Process   Do not take adverse action without first affording the beneficiary due process
Procedures       as required by 38 CFR 3.103. Advise the beneficiary at the time of the
                 proposed award adjustment of the reason for the adjustment and furnish
                 notice of procedural and appellate rights.

                 If there is an arrest date or warrant invalid date on the FFP-3 form, the due
                 process letter will propose to stop the award from the beginning date of
                 fugitive felon status until the arrest date or warrant invalid date. Otherwise,
                 the due process letter will propose to stop the award effective the beginning
                 date of fugitive felon status.

                 Note: You may request an example of a notice of proposed adverse action for
                 fugitive felon cases by sending an e-mail to the VAVBAWAS/CO/212A
                 mailbox.

                 References: For more information on
                  due process procedures, see M21-1MR, Part I, 2
                  handling cases in which the warrant has been cleared, see M21-1MR, Part
                   X, 16.2.f
                  the award action to take when discontinuing benefits, see M21-1MR, Part
                   X, 16.2.i, and
                  how to handle a fugitive felon’s request for a hearing, see M21-1MR, Part
                   X, 16.4.e .


d. Effective     Discontinue an award effective the date the beneficiary is in fugitive felon
Date to          status, which is the later of the following dates:
Discontinue an
Award             the date of the warrant, or
                  December 27, 2001, the date of the fugitive felon law.


e. Effective     Resume an award effective the date the beneficiary is out of fugitive felon
Date to Resume   status, which is the earlier of the following dates:
an Award
                  the date of arrest for the particular warrant that is the subject of the referral
                   from OIG, or
                  the date the warrant is determined to be invalid by the warrant agency, a
                   court, or OIG.

                 Reference: For information on resuming an award when the beneficiary fails
                 to reopen a claim within one year after notification of discontinuance of
                 benefits due to fugitive status, see the exception in M21-1MR, Part X, 16.2.g.

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                                                                        M21-1MR, Part X, Chapter 16

2. Fugitive Felon Award Adjustments, Continued

f. Handling      The fact that a warrant has been dismissed, recalled, quashed (that is, annulled
Cases in Which   or set aside), or otherwise cleared does not mean that no action is required on
the Warrant      the fugitive referral, unless it has been established that the warrant was
Has Been         cleared effective on or before the date the beneficiary went into fugitive
Cleared          status.

                 In most cases in which a warrant is dismissed, recalled, or quashed, there was
                 still a valid warrant up to the date the warrant was cleared. VA benefits are
                 subject to adjustment from the warrant date (or date of the law) until the
                 recall/dismissal/quash date.

                 Exception: Do not adjust the award in cases in which
                  the warrant was cleared within 30 days of issuance
                  the warrant is specifically determined to have been void from its inception
                   because of mistaken identity or a defect in the warrant, or
                  the court order
                    states that the recall is effective from a specific date that is on or before
                     the date of the warrant, or
                    uses the terminology nunc pro tunc, which refers to changing back to an
                     earlier date.


g. Determining   When a beneficiary is determined to be out of fugitive felon status, do not
Whether 38       defer the resumption of payments until the first of the following month. This
CFR 3.31         resumption is considered an adjustment under 38 CFR 3.31(c), an exception
Applies to the   to the general provisions of 38 CFR 3.31.
Payment Date
                 Example: If a beneficiary is determined to be out of fugitive felon status on
                 October 14, 2006, resume payments as of October 14, not November 1.

                 Exception: If a beneficiary fails to reopen a claim within one year after
                 notification of discontinuance of benefits due to fugitive status
                  resume benefits, if appropriate, from the date of claim, and
                  delay payments until the first of the month after the effective date of the
                   award per 38 CFR 3.31.

                 Reference: For more information on the effective date to resume the award,
                 see M21-1MR, Part X, 16.2.e.


h. Use of        If you are working the case in the Benefits Delivery Network (BDN), use
Reason Code 47   reason code 47 on award lines adjusting for a beneficiary’s fugitive status (in
in BDN           or out of fugitive status).

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2. Fugitive Felon Award Adjustments, Continued

i. Award          Use the table below to determine the award action to take when discontinuing
Action to Take    payments to fugitive felons.
When
Discontinuing     Note: The FFP-3 referral form will always show a warrant date, but it may or
Payments          may not show an arrest or warrant invalid date.

                   If the FFP-3 form shows …              Then …
                   a warrant date only                    put the award in a zero-rate status
                                                          on an open-ended basis by stopping
                                                          the award (making it a type “E”
                                                          terminated master record.)
                    a warrant date, and                   discontinue the award effective
                    an arrest or warrant invalid date      the date of the warrant (but not
                                                            earlier than December 27, 2001),
                                                            and
                                                           resume payments effective the
                                                            arrest or warrant invalid date.


j. Handling       A beneficiary is not entitled to have the recoupment balance reduced while in
Cases Involving   fugitive status. Therefore, if the benefits are being withheld to recoup a
Disability,       disability, severance, or readjustment pay balance, discontinue the award.
Severance, or
Readjustment      Reference: For more information on discontinuing payments to fugitive
Pay
                  felons, see M21-1MR, Part X, 16.2.d.
Recoupments

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                                                                       M21-1MR, Part X, Chapter 16

2. Fugitive Felon Award Adjustments, Continued

k. Adjusting an   Use the table below when adjusting an award involving entitlement to
Award             clothing allowance.
Involving
Entitlement to    Note: Under 38 U.S.C. 5313B, the annual clothing allowance amount must
Clothing          be reduced by 1/365th for each day the beneficiary is in fugitive status during
Allowance
                  the 12-month period preceding the August 1 determination of clothing
                  allowance eligibility.

                   When …                                  Then …
                   reducing an award to the zero rate      enter “YES” in the
                   after a Veteran enters fugitive felon   INCARCERATION IND field of
                   status                                  the M15 screen by using the CORR
                                                           command.
                   resuming benefits after a Veteran is     enter “NO” in the
                   out of fugitive felon status              INCARCERATION IND field of
                                                             the M15 screen, and
                                                            follow the procedures in M21-
                                                             1MR, Part IX, Subpart i, 7.3, to
                                                             adjust the clothing allowance
                                                             benefit.




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M21-1MR, Part X, Chapter 16

3. Fugitive Felon Status Issues

Introduction       This topic contains information on fugitive felon status issues, including

                    the evidence required to establish that a beneficiary is no longer in fugitive
                     status
                    contacting a warrant agency to confirm a warrant has been cleared
                    verifying a beneficiary is no longer a fugitive
                    when and how to contact the regional OIG fugitive felon coordinator
                    following the recommendations of the OIG fugitive felon coordinator
                    determining an incarcerated beneficiary’s fugitive status
                    handling a beneficiary’s allegation of a misdemeanor warrant
                    the action to take when a dependent is fugitive
                    expunged records, and
                    sealed records.


Change Date        November 22, 2011


a. Evidence        The beneficiary may establish that he/she is no longer in fugitive status by
Required to
Establish That      submitting official documentation such as a court order or letter from the
a Beneficiary Is     warrant agency, or
No Longer in
Fugitive Status
                    providing the name, title and address or name, title, and telephone number
                     of an official who can verify that he/she is no longer in fugitive status.

                   VA will make reasonable efforts to contact the official to establish that the
                   beneficiary is no longer in fugitive status, but ultimately it is the
                   responsibility of the beneficiary to provide evidence that fugitive status has
                   been cleared.

                   Notes:
                    Evidence that the beneficiary’s fugitive status has been cleared must
                     originate with an official source at some level of government.
                    Uncorroborated statements by the beneficiary, a family member, or a
                     private attorney may not be used to establish that a beneficiary is no longer
                     in fugitive status.

                   Reference: For information on contacting a warrant agency to confirm a
                   warrant has been cleared, see M21-1MR, Part X, 16.3.b.

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                                                                        M21-1MR, Part X, Chapter 16

3. Fugitive Felon Status Issues, Continued

b. Contacting a   When contacting a warrant agency to confirm a warrant has been cleared
Warrant
Agency to          refer to the warrant by date, and
Confirm a
                   inform the agency that you are looking for inactive as well as active
Warrant Has
Been Cleared
                    warrants.

                  If the warrant agent denies the existence of the warrant, e-mail the details in
                  the case to the VAVBAWAS/CO/212A mailbox. Do not restore benefits
                  until you have received a response from Compensation Service. If OIG
                  issued an FFP-3 form, it is unlikely there was never a warrant.

                  Note: In most instances, benefits can be restored only from the date the
                  warrant was cleared and not retroactively back to the date of termination due
                  to fugitive felon status. (Reference: For more information, see M21-1MR,
                  Part X, 16.2.f.)


c. Verifying a    Use the table below to verify a beneficiary is no longer a fugitive.
Beneficiary Is
No Longer a
Fugitive

                   If …                                     Then …
                    the beneficiary does not furnish       contact that official.
                     acceptable documentary proof that
                     he or she is out of fugitive status,
                     but
                    does furnish the name and address
                     or telephone number of an official
                     such as a parole officer who can
                     verify that he/she is no longer in
                     fugitive status
                   the official confirms that the           document this information on VA
                   beneficiary is no longer in fugitive     Form 21-0820, Report of General
                   status                                   Information.

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3. Fugitive Felon Status Issues, Continued

 c. Verifying a Beneficiary Is No Longer a Fugitive (continued)


                   If …                                    Then …
                   you are unable to                        advise the beneficiary of this fact,
                                                             and
                    contact the official with the          remind him/her that payments
                     information provided by the             cannot be resumed until VA
                     beneficiary, or                         receives proof that the beneficiary
                    obtain a better address/telephone       is no longer in fugitive status.
                     number from other sources
                   you are able to contact the official,   contact the regional OIG fugitive
                   but the official is unwilling to        felon coordinator for assistance.
                   release the information
                                                           Reference: For more information
                                                           on contacting the regional OIG felon
                                                           coordinator, see M21-1MR, Part X,
                                                           16.3.d.

                  Note: If a beneficiary presents to law enforcement authorities (LEAs) in a
                  jurisdiction other than the one that issued the warrant, it is the beneficiary’s
                  responsibility to get the warrant cleared in the event that the warrant agency
                  will not extradite, and the local agency does not arrest the beneficiary on the
                  warrant. The individual is considered to be in fugitive status until the warrant
                  is cleared by arrest or otherwise.

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                                                                      M21-1MR, Part X, Chapter 16

3. Fugitive Felon Status Issues, Continued

d. When to       It is appropriate to contact the OIG fugitive felon coordinator for advice when
Contact the
OIG Fugitive      you are having difficulty getting information from an LEA or making sense
Felon              of information from an LEA, or
Coordinator
                  a beneficiary admits that there was a valid felony warrant, but
                    denies ever having received notice of the warrant, or
                    alleges that there are other extenuating circumstances why the warrant
                     was not cleared.


e. How to        To request assistance from the OIG fugitive felon coordinator
Contact the
OIG Fugitive      e-mail the VAVBAWAS/CO/212A mailbox
Felon
                    requesting the name of the applicable regional OIG fugitive felon
Coordinator
                     coordinator, and
                    specifying the jurisdiction where the warrant was issued, and then
                  when the Compensation Service notifies you of the name of the OIG
                   fugitive felon coordinator, contact the OIG fugitive felon coordinator (by e-
                   mail) with a concise summary of the known facts and the issue to be
                   resolved.


f. Following     Follow the recommendations of the OIG fugitive felon coordinator as to
the              whether to discontinue benefits. It is the policy of OIG and VBA to resolve
Recommendati     reasonable doubt in favor of the beneficiary.
ons of OIG
Fugitive Felon   The OIG fugitive felon coordinator will generally recommend that benefits
Coordinator
                 payments not be discontinued if the evidence establishes that the beneficiary
                 was unaware of the warrant or made good faith attempts to clear the warrant
                 as soon as he/she knew or should have known of the existence of the warrant.

                 A decision not to take action on a valid felony warrant may be made only if a
                 documented recommendation from OIG is of record, or if C&P Service
                 advises by e-mail that no action is required.

                 Notes:
                  A recommendation from OIG is not required if evidence from a court or an
                   LEA establishes that there was no valid felony warrant.
                  An OIG recommendation is required only if the warrant was valid, but
                   award action is not being taken because of extenuating circumstances.

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3. Fugitive Felon Status Issues, Continued

g. Determining    Do not assume that a warrant is cleared when a beneficiary is incarcerated
an Incarcerated   unless the beneficiary is incarcerated by the agency that issued the warrant.
Beneficiary’s     (Example: The evidence shows that the beneficiary is incarcerated by the
Fugitive Status   Michigan Department of Corrections, and the warrant was issued by the
                  Michigan Department of Corrections.)

                  A fugitive felon is often incarcerated for reasons unrelated to the warrant that
                  was the subject of the fugitive felon referral. In this situation, the warrant
                  agency may file notice of the warrant at the prison facility. This is referred to
                  as “lodging” the warrant.

                  If there is documented evidence that a warrant was lodged at a prison facility,
                  you may consider the warrant cleared and the beneficiary removed from
                  fugitive status as of the date the warrant agency lodged the warrant at the
                  prison facility.

                  Note: Although VA considers that a warrant is cleared when it is lodged at
                  the prison, the warrant is technically still valid until the warrant agency picks
                  up the beneficiary from the prison and returns the beneficiary to the
                  jurisdiction that issued the warrant.

                  Reference: For more information on award adjustments resulting from a
                  beneficiary’s imprisonment, see M21-1MR, Part III, Subpart v, 8.A.

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                                                                        M21-1MR, Part X, Chapter 16

3. Fugitive Felon Status Issues, Continued

h. Handling a     VA benefits may be discontinued because of fugitive felon status only if there
Beneficiary’s     is a valid felony warrant. If the beneficiary alleges that the warrant was for a
Allegation of a   misdemeanor, develop to determine whether there was a valid felony warrant.
Misdemeanor       When developing the case, keep in mind that
Warrant
                   it is essential to distinguish between the warrant and the resolution of the
                    criminal case in a situation where a beneficiary has been convicted of an
                    offense
                   the fact that the beneficiary was not convicted of a felony is not relevant to
                    resolution of the fugitive felon issue, and
                   the fact that an individual was charged with a felony but later pleads down
                    to a misdemeanor does not change the fact that the warrant was a felony
                    warrant.

                  Note: Some cases referred to an RO involve beneficiaries who were
                  originally convicted of misdemeanors, but who violated probation or parole,
                  which resulted in issuance of a felony warrant. It is the warrant agency’s
                  characterization of the warrant as a felony warrant that is controlling.

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M21-1MR, Part X, Chapter 16

3. Fugitive Felon Status Issues, Continued

i. Action to     Use the table below to determine the action to take if the person identified on
Take When a      the fugitive felon referral form is a dependent of a primary beneficiary.
Dependent is
Fugitive         Note: If the fugitive is the only dependent on the award, consider the primary
                 beneficiary to be without a dependent during the period the dependent is in
                 fugitive status.

                  If the dependent …       Then …
                  is not an apportionee     remove the dependent from the award effective
                                             the date of the warrant (but not earlier than
                                             December 27, 2001), and
                                            restore the dependent to the award effective the
                                             date the warrant is cleared.
                  is an apportionee         discontinue the apportionee’s award effective the
                                             date of the warrant (but not earlier than
                                             December 27, 2001), but
                                            do not do not restore withheld benefits to the
                                             primary beneficiary until the earlier of the
                                             following dates:
                                              the date the apportionee is out of fugitive
                                               status, or
                                              one year from the date of notification to the
                                               apportionee that benefits were discontinued.


j. Expunged      In some instances the record of a criminal case may be expunged. This is
Records          normally done for first-time offenders to keep their records clean. Expunging
                 a record is done after the fact and normally does not affect the underlying
                 validity of a warrant.

                 Note: If the record was expunged at the request of the beneficiary, the
                 beneficiary is responsible for requesting that the record be opened to establish
                 that he/she is out of fugitive status.

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                                                                 M21-1MR, Part X, Chapter 16

3. Fugitive Felon Status Issues, Continued

k. Sealed   In some instances, a jurisdiction may seal the record of a criminal case.
Records     Sealing the record does not necessarily affect the determination as to whether
            a fugitive felon award adjustment is required. Again, the issue is whether
            there was a valid felony warrant for some period of time on or after the date
            of the fugitive felon law (December 27, 2001).

            Notes:
             Request assistance from the OIG fugitive felon coordinator if a sealed
              record is encountered. For more information on contacting the OIG fugitive
              felon coordinator, see M21-1MR, Part X, 16.3.d.
             If the record was sealed at the request of the beneficiary, the beneficiary is
              responsible for requesting that the record be unsealed to establish that
              he/she is out of fugitive status.




                                                                                        16-17
M21-1MR, Part X, Chapter 16

4. Fugitive Felons – Additional Information

Introduction     This topic contains additional information on fugitive felon cases, including

                  regional office (RO) jurisdiction over fugitive felon cases
                  Pension Management Center (PMC) jurisdiction over fugitive felon cases
                  RO fugitive felon coordinators
                  fugitive felons identified from other sources
                  hearing requests from fugitive felons
                  end product (EP) control
                  reporting requirements, and
                  where to send questions.


Change Date      November 22, 2011


a. RO            If the beneficiary is in receipt of disability compensation, the regional office
Jurisdiction     (RO) with jurisdiction of the claims folder in BIRLS is responsible for
Over Fugitive    working the fugitive felon case. If the folder is located in the Records
Felon Cases      Management Center (Fldr Loc 376) or a Federal Records Center, the RO of
                 jurisdiction in the Share M11 or corporate screen is responsible for working
                 the fugitive felon case.

                 If you receive a referral on a case over which you do not have jurisdiction,
                 send the referral document to the office of jurisdiction as active mail.

                 Do not transfer a folder to another regional office unless there is a valid
                 reason for transfer. It is not proper to permanently transfer a folder simply
                 because a beneficiary living within the U.S. resides in the jurisdiction of
                 another station.

                 Note: If you feel that a fugitive felon case has been improperly transferred to
                 your RO, advise C&P Service by sending an e-mail to the
                 VAVBAWAS/CO/212A mailbox.

                 Reference: For more information on jurisdiction and transfer of claims files,
                 see M21-1MR, Part III, Subpart ii, 5.

                                                                               Continued on next page




16-18
                                                                       M21-1MR, Part X, Chapter 16

4. Fugitive Felons – Additional Information, Continued

b. PMC            The Pension Management Center (PMC) of jurisdiction is responsible for
Jurisdiction      resolving the fugitive felon issue if
Over Fugitive
Felon Cases        the beneficiary is in receipt of pension or DIC, or
                   a Veteran is entitled to compensation but is receiving pension as the greater
                    benefit.

                  Note: The criteria stated in M21-1MR, Part X, 16.4.a, determine which PMC
                  is responsible for the case.

                  Reference: For more information on the jurisdiction of each PMC, see M21-
                  1MR, Part V, Subpart iv, 1.2.b.


c. RO Fugitive    Each RO is required to designate a fugitive felon coordinator. The fugitive
Felon             felon coordinator is the point of contact with VA Central Office (VACO) on
Coordinators      fugitive issues.

                  The fugitive felon coordinator receives

                   new fugitive felon referral forms, and
                   questions concerning fugitive issues.

                  Note: An RO may update its fugitive felon coordinator designations by
                  sending an e-mail to the VAVBAWAS/CO/212A mailbox.


d. Fugitive       Do not initiate due process on a fugitive felon case without a referral from
Felons            OIG on an FFP-3 form or similar document. If you identify a possible
Identified From   fugitive felon from other sources, send an e-mail with identifying information
Other Sources     and other available details to the VAVBAWAS/CO/212A mailbox.

                  Compensation Service will refer the information to OIG to determine whether
                  or not to issue an FFP-3 or other referral document.

                                                                              Continued on next page




                                                                                              16-19
M21-1MR, Part X, Chapter 16

4. Fugitive Felons – Additional Information, Continued

e. Hearing        If a fugitive felon requests a hearing
Requests From
Fugitive Felons    schedule the hearing under normal procedures, and
                   send an e-mail to the VAVBAWAS/CO/212A mailbox that includes
                     information identifying the fugitive felon
                     the date and location of the hearing, and
                     the name of a point of contact at the RO.

                  Compensation Service will send this information to OIG to coordinate with
                  the LEA.

                  Note: If law enforcement authorities plan to attempt to apprehend the
                  fugitive, you will be notified. Otherwise, proceed with the hearing as usual.


f. EP Control     Establish end product (EP) 290 upon receipt of the OIG referral. The date of
                  claim is the date of the accompanying transmittal document. If a fugitive
                  felon referral is sent by fax, use the date of the fax as date of claim.

                  Take EP 290 and establish EP 600 at the point at which any development is
                  completed and the notice of proposed adverse action is dispatched. For most
                  fugitive felon cases, no development will be required before the initiation of
                  due process. In such cases, take EP 290 and establish EP 600 upon receipt of
                  the OIG fugitive felon referral. Process the award under EP 600.

                  A new EP 290 is established when

                   an award has been placed in zero-rate status, and
                   the beneficiary subsequently contacts the RO alleging that he/she is no
                    longer in fugitive status.

                  Important: While a beneficiary is in fugitive felon status
                   cancel the pending issue, discontinue development, and disallow any claims
                    for increase received, but
                   continue processing pending appeals.

                                                                              Continued on next page




16-20
                                                                      M21-1MR, Part X, Chapter 16

4. Fugitive Felons – Additional Information, Continued

g. Reporting     No recurring report is required on fugitive felon cases. However, ROs must
Requirements     respond to requests from VACO for information about specific fugitive felon
                 cases.

                 If the fugitive felon referral form included an FFP-4, VA Feedback Form,
                 complete the FFP-4 and send it by regular mail to VACO. Send an e-mail to
                 the VAVBAWAS/CO/212A mailbox to get the current address for mailing
                 completed FFP-4 forms. The FFP-3 form should remain in the claims file.


h. Where to      Use the table below to determine where to send questions on fugitive felon
Send Questions   issues.

                  If ...                                   Then ...
                  the question relates to procedures for   send the question to the
                  fugitive felon issues                    VAVBAWAS/CO/212A mailbox.
                   the question                            send a request to the
                     relates to the facts of a specific     VAVBAWAS/CO/212A mailbox
                       case, and                             for the name of the OIG Fugitive
                     cannot be resolved from the            Felon Coordinator in the state
                       evidence of record, and/or            where the warrant was issued, and
                   you are having difficulty receiving     upon receipt of the coordinator’s
                    or understanding information from        name, e-mail that person with a
                    a court or law enforcement agency        concise summary of the known
                                                             facts and the issue to be resolved.

                                                           Note: Because OIG Fugitive Felon
                                                           Coordinators are Federal law
                                                           enforcement agents, they can often
                                                           get information that local authorities
                                                           will only release to law enforcement.
                  if you are unclear whether to send a     send the question to the
                  question to Compensation Service or      VAVBAWAS/CO/212A mailbox.
                  the OIG Fugitive Felon Coordinator

                 Reference: For more information on when to address questions directly to
                 the regional OIG fugitive felon coordinator, see M21-1MR, Part X, 16.3.d.




                                                                                             16-21

				
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