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Electronic Code of Federal Regulations

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e-CFR Data is current as of September 19, 2014

Title 38Chapter IPart 3


TITLE 38—Pensions, Bonuses, and Veterans' Relief

CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS

PART 3—ADJUDICATION

rule

Subpart A—PENSION, COMPENSATION, AND DEPENDENCY AND INDEMNITY COMPENSATION

General

§3.1
Definitions.
§3.2
Periods of war.
§3.3
Pension.
§3.4
Compensation.
§3.5
Dependency and indemnity compensation.
§3.6
Duty periods.
§3.7
Individuals and groups considered to have performed active military, naval, or air service.
§3.10
Dependency and indemnity compensation rate for a surviving spouse.
§3.11
Homicide.
§3.12
Character of discharge.
§3.12a
Minimum active-duty service requirement.
§3.13
Discharge to change status.
§3.14
Validity of enlistments.
§3.15
Computation of service.
§3.16
Service pension.
§3.17
Disability and death pension; Mexican border period and later war periods.
§§3.18-3.19
[Reserved]
§3.20
Surviving spouse's benefit for month of veteran's death.
§3.21
Monetary rates.
§3.22
DIC benefits for survivors of certain veterans rated totally disabled at time of death.
§3.23
Improved pension rates—Veterans and surviving spouses.
§3.24
Improved pension rates—Surviving children.
§3.25
Parent's dependency and indemnity compensation (DIC)—Method of payment computation.
§3.26
Section 306 and old-law pension annual income limitations.
§3.27
Automatic adjustment of benefit rates.
§3.28
Automatic adjustment of section 306 and old-law pension income limitations.
§3.29
Rounding.
§3.30
Frequency of payment of improved pension and parents' dependency and indemnity compensation (DIC).
§3.31
Commencement of the period of payment.
§3.32
Exchange rates for foreign currencies.

General

§3.40
Philippine and Insular Forces.
§3.41
Philippine service.
§3.42
Compensation at the full-dollar rate for certain Filipino veterans residing in the United States.
§3.43
Burial benefits at the full-dollar rate for certain Filipino veterans residing in the United States on the date of death.

Relationship

§3.50
Spouse and surviving spouse.
§3.52
Marriages deemed valid.
§3.53
Continuous cohabitation.
§3.54
Marriage dates.
§3.55
Reinstatement of benefits eligibility based upon terminated marital relationships.
§3.56
[Reserved]
§3.57
Child.
§3.58
Child adopted out of family.
§3.59
Parent.
§3.60
Definition of “living with”.

Administrative

§3.100
Delegations of authority.
§3.102
Reasonable doubt.
§3.103
Procedural due process and appellate rights.
§3.104
Finality of decisions.
§3.105
Revision of decisions.
§3.106
Renouncement.
§3.107
Awards where not all dependents apply.
§3.108
State Department as agent of Department of Veterans Affairs.
§3.109
Time limit.
§3.110
Computation of time limit.
§3.111
[Reserved]
§3.112
Fractions of one cent.
§3.114
Change of law or Department of Veterans Affairs issue.
§3.115
Access to financial records.

Claims

§3.150
Forms to be furnished.
§3.151
Claims for disability benefits.
§3.152
Claims for death benefits.
§3.153
Claims filed with Social Security.
§3.154
Injury due to hospital treatment, etc.
§3.155
Informal claims.
§3.156
New and material evidence.
§3.157
Report of examination or hospitalization as claim for increase or to reopen.
§3.158
Abandoned claims.
§3.159
Department of Veterans Affairs assistance in developing claims.
§3.160
Status of claims.
§3.161
Expedited Claims Adjudication Initiative—Pilot Program.

Evidence Requirements

§3.200
Testimony certified or under oath.
§3.201
Exchange of evidence; Social Security and Department of Veterans Affairs.
§3.202
Evidence from foreign countries.
§3.203
Service records as evidence of service and character of discharge.
§3.204
Evidence of dependents and age.
§3.205
Marriage.
§3.206
Divorce.
§3.207
Void or annulled marriage.
§3.208
Claims based on attained age.
§3.209
Birth.
§3.210
Child's relationship.
§3.211
Death.
§3.212
Unexplained absence for 7 years.
§3.213
Change of status affecting entitlement.
§3.214
Court decisions; unremarried surviving spouses.
§3.215
Termination of marital relationship or conduct.
§3.216
Mandatory disclosure of social security numbers.
§3.217
Submission of statements or information affecting entitlement to benefits.

Dependency, Income and Estate

Regulations Applicable to Programs in Effect Prior to January 1, 1979

§3.250
Dependency of parents; compensation.
§3.251
Income of parents; dependency and indemnity compensation.
§3.252
Annual income; pension; Mexican border period and later war periods.
§§3.253-3.255
[Reserved]
§3.256
Eligibility reporting requirements.
§3.257
Children; no surviving spouse entitled.
§§3.258-3.259
[Reserved]
§3.260
Computation of income.
§3.261
Character of income; exclusions and estates.
§3.262
Evaluation of income.
§3.263
Corpus of estate; net worth.
§3.270
Applicability of various dependency, income and estate regulations.

Regulations Applicable to the Improved Pension Program Which Became Effective January 1, 1979

§3.271
Computation of income.
§3.272
Exclusions from income.
§3.273
Rate computation.
§3.274
Relationship of net worth to pension entitlement.
§3.275
Criteria for evaluating net worth.
§3.276
Certain transfers or waivers disregarded.
§3.277
Eligibility reporting requirements.

Ratings and Evaluations; Basic Entitlement Considerations

§3.300
Claims based on the effects of tobacco products.
§3.301
Line of duty and misconduct.
§3.302
Service connection for mental unsoundness in suicide.

Ratings and Evaluations; Service Connection

§3.303
Principles relating to service connection.
§3.304
Direct service connection; wartime and peacetime.
§3.305
Direct service connection; peacetime service before January 1, 1947.
§3.306
Aggravation of preservice disability.
§3.307
Presumptive service connection for chronic, tropical or prisoner-of-war related disease, or disease associated with exposure to certain herbicide agents; wartime and service on or after January 1, 1947.
§3.308
Presumptive service connection; peacetime service before January 1, 1947.
§3.309
Disease subject to presumptive service connection.
§3.310
Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.
§3.311
Claims based on exposure to ionizing radiation.
§3.312
Cause of death.
§3.313
Claims based on service in Vietnam.
§3.314
Basic pension determinations.
§3.315
Basic eligibility determinations; dependents, loans, education.
§3.316
Claims based on chronic effects of exposure to mustard gas and Lewisite.
§3.317
Compensation for certain disabilities occurring in Persian Gulf veterans.
§3.318
Presumptive service connection for amyotrophic lateral sclerosis.
§§3.319-3.320
[Reserved]
§3.321
General rating considerations.
§3.322
Rating of disabilities aggravated by service.
§3.323
Combined ratings.
§3.324
Multiple noncompensable service-connected disabilities.
§3.325
[Reserved]
§3.326
Examinations.
§3.327
Reexaminations.
§3.328
lndependent medical opinions.
§3.329
[Reserved]
§3.330
Resumption of rating when veteran subsequently reports for Department of Veterans Affairs examination.
§§3.331-3.339
[Reserved]
§3.340
Total and permanent total ratings and unemployability.
§3.341
Total disability ratings for compensation purposes.
§3.342
Permanent and total disability ratings for pension purposes.
§3.343
Continuance of total disability ratings.
§3.344
Stabilization of disability evaluations.

Ratings for Special Purposes

§3.350
Special monthly compensation ratings.
§3.351
Special monthly dependency and indemnity compensation, death compensation, pension and spouse's compensation ratings.
§3.352
Criteria for determining need for aid and attendance and “permanently bedridden.”
§3.353
Determinations of incompetency and competency.
§3.354
Determinations of insanity.
§3.355
Testamentary capacity for insurance purposes.
§3.356
Conditions which determine permanent incapacity for self-support.
§3.357
Civil service preference ratings.
§3.358
Compensation for disability or death from hospitalization, medical or surgical treatment, examinations or vocational rehabilitation training (§3.800).
§3.359
Determination of service connection for former members of the Armed Forces of Czechoslovakia or Poland.
§3.360
Service-connected health-care eligibility of certain persons administratively discharged under other than honorable condition.
§3.361
Benefits under 38 U.S.C. 1151(a) for additional disability or death due to hospital care, medical or surgical treatment, examination, training and rehabilitation services, or compensated work therapy program.
§3.362
Offsets under 38 U.S.C. 1151(b) of benefits awarded under 38 U.S.C. 1151(a).
§3.363
Bar to benefits under 38 U.S.C. 1151.

Rating Considerations Relative to Specific Diseases

§3.370
Pulmonary tuberculosis shown by X-ray in active service.
§3.371
Presumptive service connection for tuberculous disease; wartime and service on or after January 1, 1947.
§3.372
Initial grant following inactivity of tuberculosis.
§3.373
[Reserved]
§3.374
Effect of diagnosis of active tuberculosis.
§3.375
Determination of inactivity (complete arrest) in tuberculosis.
§§3.376-3.377
[Reserved]
§3.378
Changes from activity in pulmonary tuberculosis pension cases.
§3.379
Anterior poliomyelitis.
§3.380
Diseases of allergic etiology.
§3.381
Service connection of dental conditions for treatment purposes.
§3.382
[Reserved]
§3.383
Special consideration for paired organs and extremities.
§3.384
Psychosis.
§3.385
Disability due to impaired hearing.

Effective Dates

§3.400
General.
§3.401
Veterans.
§3.402
Surviving spouse.
§3.403
Children.
§3.404
Parents.
§3.405
Filipino veterans and their survivors; benefits at the full-dollar rate.

Apportionments

§3.450
General.
§3.451
Special apportionments.
§3.452
Situations when benefits may be apportioned.
§3.453
Veterans compensation or service pension or retirement pay.
§3.454
Veterans disability pension.
§3.458
Veteran's benefits not apportionable.
§3.459
Death compensation.
§3.460
Death pension.
§3.461
Dependency and indemnity compensation.

Reductions and Discontinuances

§3.500
General.
§3.501
Veterans.
§3.502
Surviving spouses.
§3.503
Children.
§3.504
Parents; aid and attendance.
§3.505
Filipino veterans and their survivors; benefits at the full-dollar rate.

Hospitalization Adjustments

§3.551
Reduction because of hospitalization.
§3.552
Adjustment of allowance for aid and attendance.
§§3.553-3.555
[Reserved]
§3.556
Adjustment on discharge or release.
§3.557
[Reserved]
§3.558
Resumption and payment of withheld benefits; incompetents with estates that equaled or exceeded statutory limit.
§3.559
[Reserved]

Adjustments and Resumptions

§3.650
Rate for additional dependent.
§3.651
Change in status of dependents.
§3.652
Periodic certification of continued eligibility.
§3.653
Foreign residence.
§3.654
Active service pay.
§3.655
Failure to report for Department of Veterans Affairs examination.
§3.656
Disappearance of veteran.
§3.657
Surviving spouse becomes entitled, or entitlement terminates.
§3.658
Offsets; dependency and indemnity compensation.
§3.659
Two parents in same parental line.
§3.660
Dependency, income and estate.
§3.661
Eligibility Verification Reports.
§§3.662-3.664
[Reserved]
§3.665
Incarcerated beneficiaries and fugitive felons—compensation.
§3.666
Incarcerated beneficiaries and fugitive felons—pension.
§3.667
School attendance.
§3.668
[Reserved]
§3.669
Forfeiture.

Concurrent Benefits and Elections

§3.700
General.
§3.701
Elections of pension or compensation.
§3.702
Dependency and indemnity compensation.
§3.703
Two parents in same parental line.
§3.704
Elections within class of dependents.
§§3.705-3.706
[Reserved]
§3.707
Dependents' educational assistance.
§3.708
Federal Employees' Compensation.
§3.710
Civil service annuitants.
§3.711
Improved pension elections.
§3.712
Improved pension elections; surviving spouses of Spanish-American War veterans.
§3.713
Effective dates of improved pension elections.
§3.714
Improved pension elections—public assistance beneficiaries.
§3.715
Radiation Exposure Compensation Act of 1990, as amended.

Retirement

§3.750
Entitlement to concurrent receipt of military retired pay and disability compensation.
§3.751
Statutory awards; retired service personnel.
§3.752
[Reserved]
§3.753
Public Health Service.
§3.754
Emergency officers' retirement pay.

Special Benefits

§3.800
Disability or death due to hospitalization, etc.
§3.801
Special acts.
§3.802
Medal of Honor.
§3.803
Naval pension.
§3.804
Special allowance under 38 U.S.C. 1312.
§3.805
Loan guaranty for surviving spouses; certification.
§3.806
Death gratuity; certification.
§3.807
Dependents' educational assistance; certification.
§3.808
Automobiles or other conveyances and adaptive equipment; certification.
§3.809
Specially adapted housing under 38 U.S.C. 2101(a)(2)(A)(i).
§3.809a
Special home adaptation grants under 38 U.S.C. 2101(b).
§3.810
Clothing allowance.
§3.811
Minimum income annuity and gratuitous annuity.
§3.812
Special allowance payable under section 156 of Pub. L. 97-377.
§3.813
Interim benefits for disability or death due to chloracne or porphyria cutanea tarda.
§3.814
Monetary allowance under 38 U.S.C. chapter 18 for an individual suffering from spina bifida whose biological father or mother is or was a Vietnam veteran or a veteran with covered service in Korea.
§3.815
Monetary allowance under 38 U.S.C. chapter 18 for an individual with disability from covered birth defects whose biological mother is or was a Vietnam veteran; identification of covered birth defects.
§3.816
Awards under the Nehmer Court Orders for disability or death caused by a condition presumptively associated with herbicide exposure.

Incompetents, Guardianship and Institutional Awards

§3.850
General.
§3.851
St. Elizabeths Hospital, Washington, DC.
§3.852
Institutional awards.
§3.853
Incompetents; estate over $25,000.
§3.854
Limitation on payments for minor.
§3.855
Beneficiary rated or reported incompetent.
§3.856
Change of name of female fiduciary.
§3.857
Children's benefits to fiduciary of surviving spouse.

Forfeiture

§3.900
General.
§3.901
Fraud.
§3.902
Treasonable acts.
§3.903
Subversive activities.
§3.904
Effect of forfeiture after veteran's death.
§3.905
Declaration of forfeiture or remission of forfeiture.

Protection

§3.950
Helpless children; Spanish-American and prior wars.
§3.951
Preservation of disability ratings.
§3.952
Protected ratings.
§3.953
Pub. L. 85-56 and Pub. L. 85-857.
§§3.955-3.956
[Reserved]
§3.957
Service connection.
§3.958
Federal employees' compensation cases.
§3.959
Tuberculosis.
§3.960
Section 306 and old-law pension protection.

Accrued

§3.1000
Entitlement under 38 U.S.C. 5121 to benefits due and unpaid upon death of a beneficiary.
§3.1001
Hospitalized competent veterans.
§3.1002
Political subdivisions of United States.
§3.1003
Returned and canceled checks.
§§3.1004-3.1006
[Reserved]
§3.1007
Hospitalized incompetent veterans.
§3.1008
Accrued benefits payable to foreign beneficiaries.
§3.1009
Personal funds of patients.
§3.1010
xxx
rule

Subpart B—BURIAL BENEFITS

Burial Benefits: General

§3.1700
Types of VA burial benefits.
§3.1701
Deceased veterans for whom VA may provide burial benefits.
§3.1702
Persons who may receive burial benefits; priority of payments.
§3.1703
Claims for burial benefits.

Burial Benefits: Allowances & Expenses Paid by VA

§3.1704
Burial allowance based on service-connected death.
§3.1705
Burial allowance based on non-service-connected death.
§3.1706
Burial allowance for a veteran who died while hospitalized by VA.
§3.1707
Plot or interment allowances for burial in a State veterans cemetery or other cemetery.
§3.1708
Burial of a veteran whose remains are unclaimed.
§3.1709
Transportation expenses for burial in a national cemetery.

Burial Benefits: Other

§3.1710
Escheat (payment of burial benefits to an estate with no heirs).
§3.1711
Effect of contributions by government, public, or private organizations.
§3.1712
Effect of forfeiture on payment of burial benefits.
§3.1713
Eligibility based on status before 1958.
rule

Subpart C—[RESERVED]

rule

Subpart D—UNIVERSAL ADJUDICATION RULES THAT APPLY TO BENEFIT CLAIMS GOVERNED BY PART 3 OF THIS TITLE

General

§3.2100
Scope of Applicability.
§3.2130
Will VA accept a signature by mark or thumbprint?

Revisions

§3.2600
Review of benefit claims decisions.


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