Compensation and DIC for Commonwealth Army, Guerrilla and New Philippine Scout Service

Three kinds of Philippine service in and after World War II are treated differently by VA, and the difference decides both what is payable and how much. The regular, or "Old," Philippine Scouts were part of the U.S. Army before the war. Under 38 C.F.R. 3.40(a) their service, like that of the Insular Force of the Navy, counts for pension, compensation, DIC and burial at the full-dollar rate. They are veterans in the ordinary sense. The Commonwealth Army of the Philippines, called into the service of the U.S. armed forces by the President's military order of July 26, 1941, and organized guerrilla forces recognized by U.S. commanders, are covered by 38 U.S.C. 107(a). The "New" Philippine Scouts, enlisted under section 14 of the Armed Forces Voluntary Recruitment Act of 1945 between October 6, 1945 and June 30, 1947, are covered by section 107(b). For both, the statute says the service is not active service for any federal benefit except National Service Life Insurance and the chapters it names: compensation (chapter 11), DIC (chapter 13, except section 1312(a)), and burial (chapter 23, and chapter 24 to the extent of section 2402(a)(8)). The Commonwealth Army list also includes missing persons pay under chapter 10 of title 37. Chapter 15 pension is not on either list, so neither the veteran nor a survivor can get VA pension on this service. Anyone describing these benefits as "compensation or pension at the peso rate" has the pension half wrong. The half rate. Payments under those chapters are made "at a rate of $0.50 for each dollar authorized," and where income is a test, the income limits are halved too. Until the end of 1994 the statute paid the equivalent amount in Philippine pesos, which is why the half rate is still called the peso rate; Public Law 103-446 changed it to dollars for payments after December 31, 1994. The Commonwealth Army rule is in 38 C.F.R. 3.40(c), the guerrilla rule in 3.40(d), and the New Scouts rule in 3.40(b). The full rate. 38 U.S.C. 107(c) and 38 C.F.R. 3.42 pay compensation and DIC at the full-dollar rate to a veteran or survivor who is residing in the United States and is a U.S. citizen or a lawful permanent resident. For this rule the United States includes the territories and possessions, the District of Columbia and Puerto Rico. VA accepts citizenship only on a U.S. passport, a U.S. birth certificate, a consular report of birth abroad, or verification from USCIS, and accepts permanent residence only on USCIS verification. A post office box is not evidence of residence. Keeping the full rate is where people lose it. Under 3.42(d) the veteran or survivor must be physically present in the United States at least 183 days in each calendar year paid at the full rate, and may not be absent for more than 60 consecutive days without good cause. Leaving the United States, or losing citizenship or permanent residence, has to be reported to VA within 30 days, and the payment drops to the half rate. Failing to answer a VA verification request within 60 days, or mail that comes back undeliverable, does the same. When the conditions are met again the full rate resumes from the first of the following month, but back pay reaches no more than a year before VA receives the evidence. Proving the service. The service department's certification of recognized guerrilla service is accepted; so is unrecognized guerrilla service under a recognized officer by someone who was already in the U.S. forces, the Philippine Scouts or the Commonwealth Army. A certification of "Anti-Japanese Activity" is not. A Commonwealth Army veteran is not presumed to have entered service sound unless the record shows an entrance examination. A veteran with both kinds of service. Under 3.40(e), where disabilities from U.S. service and from Commonwealth Army or guerrilla service are combined, the rating payable in full dollars is worked out first, and only the difference up to the combined rating is paid at the half rate. Children of these veterans can receive Dependents' Educational Assistance at the half rate under 38 U.S.C. 3565; that and burial are in their own entries.