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Printing - FECA-PT2 - National Association of Letter Carriers

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Centers, and DVA Hospitals.<br />

If the location <strong>of</strong> the DVA claims folder is unknown, send the request to the DVARO or DVA<br />

Center which likely has jurisdiction over the claimant's address. Where regional boundaries<br />

are unknown, the Assistant District Director should obtain this information from the DVA.<br />

Any DVA <strong>of</strong>fice can locate a file on the computer system.<br />

Requests for medical reports <strong>of</strong> examinations or treatment provided by a DVA Hospital<br />

should be sent to the hospital which provided the service.<br />

(5) Information Received. If the reply shows that the veteran's award is other than<br />

"pension for service in the Army, Navy or Air Force," the CE must determine whether the<br />

award is based on a finding that the same disability or death for which <strong>FECA</strong> benefits are<br />

payable was caused by the military service, or whether the DVA increased an award or<br />

found an award was payable for service-connected disability, because <strong>of</strong> the civilian<br />

employment injury for which <strong>FECA</strong> benefits are claimed (see examples in paragraph b<br />

below).<br />

(a) If so, an election between these benefits is required by 5 U.S.C. 8116(a)(3).<br />

(b) If not, except for educational benefits as explained in paragraphs 8c and 8d<br />

below, no election is necessary.<br />

b. Definitions. If the veteran's benefit was for a non-service-related condition, no election is<br />

required. The following discussion addresses claims involving service-related conditions.<br />

(1) The prohibition against dual payment <strong>of</strong> <strong>FECA</strong> and veterans' benefits applies to those<br />

cases where the disability or death <strong>of</strong> an employee has resulted from an injury sustained in<br />

civilian employment by the United States and the Department <strong>of</strong> Veterans Affairs (DVA),<br />

formerly the Veterans Administration, has held that the same disability or death was caused<br />

by the military service. See Adeline N. Etzel, claiming as widow <strong>of</strong> Bernard E. Etzel (21<br />

ECAB 151).<br />

<strong>FECA</strong>-<strong>PT2</strong> Printed: 06/08/2010 533

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