e-CFR data is current as of January 14, 2021
TITLE 38—Pensions, Bonuses, and Veterans' Relief
CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS PART 17—MEDICAL
Definitions and Active Duty
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| Incorporation by reference. |
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Protection of Patient Rights
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| Informed consent and advance directives. |
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Tentative Eligibility Determinations
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| Tentative eligibility determinations. |
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Hospital or Nursing Home Care and Medical Services in Foreign Countries
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| Hospital care and outpatient services in foreign countries. |
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Enrollment Provisions and Medical Benefits Package
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| Enrollment—provision of hospital and outpatient care to veterans. |
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| Enrollment not required—provision of hospital and outpatient care to veterans. |
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| Medical benefits package. |
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| Certain Filipino veterans. |
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| Additional services for indigents. |
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Examinations and Observation and Examination
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| Persons eligible for hospital observation and physical examination. |
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| Examinations on an outpatient basis. |
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Hospital, Domiciliary and Nursing Home Care
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| Persons entitled to hospital or domiciliary care. |
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| Hospital care for certain retirees with chronic disability (Executive Orders 10122, 10400 and 11733). |
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| Hospital care for research purposes. |
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| Eligibility for hospital, domiciliary or nursing home care of persons discharged or released from active military, naval, or air service. |
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| Considerations applicable in determining eligibility for hospital care, medical services, nursing home care, or domiciliary care. |
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| Compensated Work Therapy/Transitional Residences program. |
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| Priorities for outpatient medical services and inpatient hospital care. |
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Use of Department of Defense, Public Health Service or Other Federal Hospitals
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| Use of Department of Defense, Public Health Service or other Federal hospitals with beds allocated to the Department of Veterans Affairs. |
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| Emergency use of Department of Defense, Public Health Service or other Federal hospitals. |
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Use of Public or Private Hospitals
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| Hospital care and medical services in non-VA facilities. |
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| Limitations on use of public or private hospitals. |
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| Payment for authorized public or private hospital care. |
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| VA payment for inpatient and outpatient health care professional services at non-departmental facilities and other medical charges associated with non-VA outpatient care. |
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Use of Community Nursing Home Care Facilities
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| Use of community nursing homes. |
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| Evacuation of community nursing homes. |
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| Extensions of community nursing home care beyond six months. |
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Community Residential Care
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| Approval of community residential care facilities. |
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| Approvals and provisional approvals of community residential care facilities. |
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| Notice of noncompliance with VA standards. |
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| Notice and conduct of hearing. |
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| Waiver of opportunity for hearing. |
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| Written decision following a hearing. |
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| Revocation of VA approval. |
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| Availability of information. |
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| Medical foster homes—general. |
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| Standards applicable to medical foster homes. |
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Use of Services of Other Federal Agencies
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| Alcohol and drug dependence or abuse treatment and rehabilitation in residential and nonresidential facilities by contract. |
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| Contracts for residential treatment services for veterans with alcohol or drug dependence or abuse disabilities. |
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| Contracts for outpatient services for veterans with alcohol or drug dependence or abuse disabilities. |
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| Limitations on payment for alcohol and drug dependence or abuse treatment and rehabilitation. |
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Research-Related Injuries
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| Treatment of research-related injuries to human subjects. |
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Care During Certain Disasters and Emergencies
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| Provision of hospital care and medical services during certain disasters and emergencies under 38 U.S.C. 1785. |
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Vocational Training and Health-Care Eligibility Protection for Pension Recipients
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| Medical care for veterans receiving vocational training under 38 U.S.C. chapter 15. |
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| Protection of health-care eligibility. |
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Outpatient Treatment
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| Outpatient care for research purposes. |
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| Eligibility for outpatient services. |
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| Outpatient medical services for military retirees and other beneficiaries. |
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| Outpatient medical services for Department of Veterans Affairs employees and others in emergencies. |
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| Medication prescribed by non-VA physicians. |
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Charges, Waivers, and Collections
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| Requirements for provider-based status. |
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| 17.101 Collection or recovery by VA for medical care or services provided or furnished to a veteran for a non-service connected disability. |
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| Charges for care or services. |
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| Referrals of compromise settlement offers. |
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| Terminations and suspensions. |
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| VA collection rules; third-party payers. |
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Disciplinary Control of Beneficiaries Receiving Hospital, Domiciliary or Nursing Home Care
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| VA response to disruptive behavior of patients. |
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Copayments
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| Copayments for inpatient hospital care and outpatient medical care. |
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| Presumptive eligibility for psychosis and mental illness other than psychosis. |
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| Copayments for medication. |
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| Copayments for extended care services. |
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Ceremonies
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| Services or ceremonies on Department of Veterans Affairs hospital or center reservations. |
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Reimbursement for Loss By Natural Disaster of Personal Effects of Hospitalized or Nursing Home Patients
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| Submittal of claim for reimbursement. |
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| Claims in cases of incompetent patients. |
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Reimbursement to Employees for the Cost of Repairing or Replacing Certain Personal Property Damaged or Destroyed by Patients or Members
Payment and Reimbursement of the Expenses of Medical Services Not Previously Authorized
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| Payment or reimbursement for emergency treatment furnished by non-VA providers to certain veterans with service-connected disabilities. |
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| Limitations on payment or reimbursement of the costs of emergency treatment not previously authorized. |
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| Payment or reimbursement of the expenses of repairs to prosthetic appliances and similar devices furnished without prior authorization.- |
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| Allowable rates and fees. |
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| Retroactive payments prohibited. |
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| Payment for treatment dependent upon preference prohibited. |
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| Payment of abandoned claims prohibited. |
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Reconsideration of Denied Claims
Delegation of Authority
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| Authority to approve sharing agreements, contracts for scarce medical specialist services and contracts for other medical services. |
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Prosthetic, Sensory, and Rehabilitative Aids
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| Prosthetic and similar appliances. |
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| Invalid lifts for recipients of aid and attendance allowance or special monthly compensation. |
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| Devices to assist in overcoming the handicap of deafness. |
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| Training in the use of appliances. |
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| Equipment for blind veterans. |
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Automotive Equipment and Driver Training
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| Minimum standards of safety and quality for automotive adaptive equipment. |
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| Eligibility for automobile adaptive equipment. |
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| Definition-adaptive equipment. |
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| Limitations on assistance. |
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| Obtaining vehicles for special driver training courses. |
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Dental Services
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| Authorization of dental examinations. |
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| Authorization of outpatient dental treatment. |
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| Eligibility for Class II dental treatment without rating action. |
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| Posthospital outpatient dental treatment. |
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| Patient responsibility in making and keeping dental appointments. |
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| Emergency outpatient dental treatment. |
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| Dental services for hospital or nursing home patients and domiciled members. |
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| VA Dental Insurance Program for veterans and survivors and dependents of veterans (VADIP). |
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Autopsies
Veterans Canteen Service
Sharing of Medical Facilities, Equipment, and Information
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| Contingency backup to the Department of Defense. |
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| Sharing health-care resources. |
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| Sharing medical information services. |
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| Coordination of programs with Department of Health and Human Services. |
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Grants for Exchange of Information
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| Scope of the grant program. |
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| The Subcommittee on Academic Affairs. |
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| Ex officio member of subcommittee. |
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| Applications for grants for programs which include construction projects. |
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| Amended or supplemental applications. |
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| Terms and conditions to which awards are subject. |
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| Patient care costs to be excluded from direct costs. |
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| Authority to approve applications discretionary. |
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| Suspension and termination procedures. |
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| Recoupments and releases. |
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Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA)—Medical Care for Survivors and Dependents of Certain Veterans
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| Benefits limitations/exclusions. |
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| Third-party liability/medical care cost recovery. |
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| Confidentiality of records. |
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In Vitro Fertilization and Reimbursement of Adoption Expenses
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| In vitro fertilization treatment. |
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| Reimbursement for qualifying adoption expenses incurred by certain veterans. |
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Hospital Care and Medical Services for Camp Lejeune Veterans and Families
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| Hospital care and medical services for Camp Lejeune veterans. |
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Hospital Care and Medical Services for Spouses and Families
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| Hospital care and medical services for Camp Lejeune family members. |
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| Fertility counseling and treatment for certain spouses. |
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Authority of Health Care Providers to Practice in VA
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| Full practice authority for advanced practice registered nurses. |
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| Health care providers practicing via telehealth. |
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| Health care professionals' practice in VA. |
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Center for Innovation for Care and Payment
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| Center for Innovation for Care and Payment. |
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Confidentiality of Healthcare Quality Assurance Review Records
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| Confidential and privileged documents. |
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| Applicability of other statutes. |
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| Appeal of decision by Veterans Health Administration to deny disclosure. |
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| Employee responsibilities. |
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| Access to quality assurance records and documents within the agency. |
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| Authorized disclosure: Non-Department of Veterans Affairs requests. |
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| Penalties for violations. |
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Specialty Education Loan Repayment Program
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| Agreement and obligated service. |
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| Failure to comply with terms and conditions of agreement. |
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VA Health Professional Scholarship Program
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| Availability of HPSP scholarships. |
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| Application for the HPSP. |
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| Selection of participants. |
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| Deferment of obligated service. |
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| Pay during period of obligated service. |
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| Failure to comply with terms and conditions of participation. |
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| Cancellation, waiver, or suspension of obligation. |
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Veterans Healing Veterans Medical Access and Scholarship Program
Veterans Healing Veterans Medical Access and Scholarship Program
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| Agreement and obligated service. |
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| Failure to comply with terms and conditions of agreement. |
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Visual Impairment and Orientation and Mobility Professional Scholarship Program
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| Eligibility for the VIOMPSP. |
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| Availability of VIOMPSP scholarships. |
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| Application for the VIOMPSP. |
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| Selection of VIOMPSP participants. |
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| Deferment of obligated service. |
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| Failure to comply with terms and conditions of participation. |
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| Cancellation, waiver, or suspension of obligation. |
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Program for Repayment of Educational Loans for Certain VA Psychiatrists
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| Application for the PREL. |
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| Selection of participants. |
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| Failure to comply with terms and conditions of participation. |
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Chaplain Services
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| Ecclesiastical endorsing organizations. |
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Grants for Transportation of Veterans in Highly Rural Areas
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| Eligibility and application. |
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| Scoring criteria and selection. |
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| Notice of Fund Availability. |
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| Payments under the grant. |
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| Grantee reporting requirements. |
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Transitional Housing Loan Program
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| Additional terms of loans. |
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Health Care Benefits for Certain Children of Vietnam Veterans and Veterans with Covered Service in Korea—Spina Bifida and Covered Birth Defects
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| Provision of health care. |
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| Review and appeal process. |
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Payment or Reimbursement for Emergency Services for Nonservice-Connected Conditions in Non-VA Facilities
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| Payment or reimbursement for emergency services for nonservice-connected conditions in non-VA facilities. |
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| Substantive conditions for payment or reimbursement. |
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| Emergency transportation. |
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| Independent right of recovery. |
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| Balance billing prohibited. |
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Expanded Access to Non-VA Care Through the Veterans Choice Program
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| Effect on other provisions. |
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| Eligible entities and providers. |
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| Payment rates and methodologies. |
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| Claims processing system. |
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Vet Centers
Home Improvements and Structural Alterations (HISA) Program
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| HISA benefit lifetime limits. |
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| Application for HISA benefits. |
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| Approving HISA benefits applications. |
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| Disapproving HISA benefits applications. |
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| HISA benefits payment procedures. |
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Prosthetic and Rehabilitative Items and Services
Veterans Community Care Program
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| Designated VA medical service lines. |
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| Effect on other provisions. |
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| Eligible entities and providers. |
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| Designated access standards. |
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Veterans Care Agreements
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| Entity or provider certification. |
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| VA use of Veterans Care Agreements. |
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| Review of Veterans Care Agreements. |
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| Discontinuation of Veterans Care Agreements. |
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