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e-CFR data is current as of October 16, 2020

Title 38Chapter IPart 3

TITLE 38—Pensions, Bonuses, and Veterans' Relief






Periods of war.
Dependency and indemnity compensation.
Duty periods.
Individuals and groups considered to have performed active military, naval, or air service.
Dependency and indemnity compensation rate for a surviving spouse.
Character of discharge.
Minimum active-duty service requirement.
Discharge to change status.
Validity of enlistments.
Computation of service.
Service pension.
Disability and death pension; Mexican border period and later war periods.
Surviving spouse's benefit for month of veteran's death.
Monetary rates.
DIC benefits for survivors of certain veterans rated totally disabled at time of death.
Improved pension rates—Veterans and surviving spouses.
Improved pension rates—Surviving children.
Parent's dependency and indemnity compensation (DIC)—Method of payment computation.
Section 306 and old-law pension annual income limitations.
Automatic adjustment of benefit rates.
Automatic adjustment of section 306 and old-law pension income limitations.
Frequency of payment of improved pension and parents' dependency and indemnity compensation (DIC).
Commencement of the period of payment.
Exchange rates for foreign currencies.


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


Spouse and surviving spouse.
Marriages deemed valid.
Continuous cohabitation.
Marriage dates.
Reinstatement of benefits eligibility based upon terminated marital relationships.
Child adopted out of family.
Definition of “living with”.


Delegations of authority.
Reasonable doubt.
Procedural due process and other rights.
Binding nature of decisions.
Revision of decisions.
Awards where not all dependents apply.
State Department as agent of Department of Veterans Affairs.
Time limit.
Computation of time limit.
Fractions of one cent.
Change of law or Department of Veterans Affairs issue.
Access to financial records.


Forms to be furnished.
Claims for disability benefits.
Claims for death benefits.
Claims filed with Social Security.
Injury due to hospital treatment, etc.
How to file a claim.
New evidence.
Abandoned claims.
Department of Veterans Affairs assistance in developing claims.
Status of claims.

Evidence Requirements

Testimony certified or under oath.
Exchange of evidence; Social Security and Department of Veterans Affairs.
Evidence from foreign countries.
Service records as evidence of service and character of discharge.
Evidence of dependents and age.
Void or annulled marriage.
Claims based on attained age.
Child's relationship.
Unexplained absence for 7 years.
Change of status affecting entitlement.
Court decisions; unremarried surviving spouses.
Termination of marital relationship or conduct.
Mandatory disclosure of social security numbers.
Submission of statements or information affecting entitlement to benefits.

Dependency, Income and Estate

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

Dependency of parents; compensation.
Income of parents; dependency and indemnity compensation.
Annual income; pension; Mexican border period and later war periods.
Eligibility reporting requirements.
Children; no surviving spouse entitled.
Computation of income.
Character of income; exclusions and estates.
Evaluation of income.
Corpus of estate; net worth.
Applicability of various dependency, income and estate regulations.

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

Computation of income.
Exclusions from income.
Rate computation.
Net worth and VA pension.
How VA determines the asset amount for pension net worth determinations.
Asset transfers and penalty periods.
Eligibility reporting requirements.
Deductible medical expenses.
Statutory exclusions from income or assets (net worth or corpus of the estate).

Ratings and Evaluations; Basic Entitlement Considerations

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

Ratings and Evaluations; Service Connection

Principles relating to service connection.
Direct service connection; wartime and peacetime.
Direct service connection; peacetime service before January 1, 1947.
Aggravation of preservice disability.
Presumptive service connection for chronic, tropical, or prisoner-of-war related disease, disease associated with exposure to certain herbicide agents, or disease associated with exposure to contaminants in the water supply at Camp Lejeune; wartime and service on or after January 1, 1947.
Presumptive service connection; peacetime service before January 1, 1947.
Disease subject to presumptive service connection.
Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.
Claims based on exposure to ionizing radiation.
Cause of death.
Claims based on service in Vietnam.
Basic pension determinations.
Basic eligibility determinations; dependents, loans, education.
Claims based on chronic effects of exposure to mustard gas and Lewisite.
Compensation for certain disabilities occurring in Persian Gulf veterans.
Presumptive service connection for amyotrophic lateral sclerosis.
General rating considerations.
Rating of disabilities aggravated by service.
Combined ratings.
Multiple noncompensable service-connected disabilities.
lndependent medical opinions.
Resumption of rating when veteran subsequently reports for Department of Veterans Affairs examination.
Total and permanent total ratings and unemployability.
Total disability ratings for compensation purposes.
Permanent and total disability ratings for pension purposes.
Continuance of total disability ratings.
Stabilization of disability evaluations.

Ratings for Special Purposes

Special monthly compensation ratings.
Special monthly dependency and indemnity compensation, death compensation, pension and spouse's compensation ratings.
Criteria for determining need for aid and attendance and “permanently bedridden.”
Determinations of incompetency and competency.
Determinations of insanity.
Testamentary capacity for insurance purposes.
Conditions which determine permanent incapacity for self-support.
Civil service preference ratings.
Compensation for disability or death from hospitalization, medical or surgical treatment, examinations or vocational rehabilitation training (§3.800).
Determination of service connection for former members of the Armed Forces of Czechoslovakia or Poland.
Service-connected health-care eligibility of certain persons administratively discharged under other than honorable condition.
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.
Offsets under 38 U.S.C. 1151(b) of benefits awarded under 38 U.S.C. 1151(a).
Bar to benefits under 38 U.S.C. 1151.

Rating Considerations Relative to Specific Diseases

Pulmonary tuberculosis shown by X-ray in active service.
Presumptive service connection for tuberculous disease; wartime and service on or after January 1, 1947.
Initial grant following inactivity of tuberculosis.
Effect of diagnosis of active tuberculosis.
Determination of inactivity (complete arrest) in tuberculosis.
Changes from activity in pulmonary tuberculosis pension cases.
Anterior poliomyelitis.
Diseases of allergic etiology.
Service connection of dental conditions for treatment purposes.
Special consideration for paired organs and extremities.
Disability due to impaired hearing.

Effective Dates

Surviving spouse.
Filipino veterans and their survivors; benefits at the full-dollar rate.


Special apportionments.
Situations when benefits may be apportioned.
Veterans compensation or service pension or retirement pay.
Veterans disability pension.
Veteran's benefits not apportionable.
Death compensation.
Death pension.
Dependency and indemnity compensation.

Reductions and Discontinuances

Surviving spouses.
Parents; aid and attendance.
Filipino veterans and their survivors; benefits at the full-dollar rate.

Hospitalization Adjustments

Reduction because of hospitalization.
Adjustment of allowance for aid and attendance.
Adjustment on discharge or release.
Resumption and payment of withheld benefits; incompetents with estates that equaled or exceeded statutory limit.

Adjustments and Resumptions

Rate for additional dependent.
Change in status of dependents.
Periodic certification of continued eligibility.
Foreign residence.
Active service pay.
Failure to report for Department of Veterans Affairs examination.
Disappearance of veteran.
Surviving spouse becomes entitled, or entitlement terminates.
Offsets; dependency and indemnity compensation.
Two parents in same parental line.
Dependency, income and estate.
Eligibility Verification Reports.
Incarcerated beneficiaries and fugitive felons—compensation.
Incarcerated beneficiaries and fugitive felons—pension.
School attendance.

Concurrent Benefits and Elections

Elections of pension or compensation.
Dependency and indemnity compensation.
Two parents in same parental line.
Elections within class of dependents.
Dependents' educational assistance.
Federal Employees' Compensation.
Civil service annuitants.
Improved pension elections.
Improved pension elections; surviving spouses of Spanish-American War veterans.
Effective dates of improved pension elections.
Improved pension elections—public assistance beneficiaries.
Radiation Exposure Compensation Act of 1990, as amended.


Entitlement to concurrent receipt of military retired pay and disability compensation.
Statutory awards; retired service personnel.
Public Health Service.
Emergency officers' retirement pay.

Special Benefits

Disability or death due to hospitalization, etc.
Special acts.
Medal of Honor.
Naval pension.
Special allowance under 38 U.S.C. 1312.
Loan guaranty for surviving spouses; certification.
Death gratuity; certification.
Dependents' educational assistance; certification.
Automobiles or other conveyances and adaptive equipment; certification.
Specially adapted housing under 38 U.S.C. 2101(a)(2)(A)(i).
Special home adaptation grants under 38 U.S.C. 2101(b).
Clothing allowance.
Minimum income annuity and gratuitous annuity.
Special allowance payable under section 156 of Pub. L. 97-377.
Interim benefits for disability or death due to chloracne or porphyria cutanea tarda.
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.
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.
Awards under the Nehmer Court Orders for disability or death caused by a condition presumptively associated with herbicide exposure.


Treasonable acts.
Subversive activities.
Effect of forfeiture after veteran's death.
Declaration of forfeiture or remission of forfeiture.


Helpless children; Spanish-American and prior wars.
Preservation of disability ratings.
Protected ratings.
Pub. L. 85-56 and Pub. L. 85-857.
Service connection.
Federal employees' compensation cases.
Section 306 and old-law pension protection.


Entitlement under 38 U.S.C. 5121 to benefits due and unpaid upon death of a beneficiary.
Hospitalized competent veterans.
Political subdivisions of United States.
Returned and canceled checks.
Hospitalized incompetent veterans.
Accrued benefits payable to foreign beneficiaries.
Personal funds of patients.
Substitution under 38 U.S.C. 5121A following death of a claimant.


Burial Benefits: General

Types of VA burial benefits.
Deceased veterans for whom VA may provide burial benefits.
Persons who may receive burial benefits; priority of payments.
Claims for burial benefits.

Burial Benefits: Allowances & Expenses Paid by VA

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

Burial Benefits: Other

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

Subpart C—[RESERVED]




Scope of Applicability.
Will VA accept a signature by mark or thumbprint?
Applicability of modernized review system.
Review of decisions.
Supplemental claims.
Return by higher-level adjudicator or remand by the Board of Veterans' Appeals.


Legacy review of benefit claims decisions.
Higher-level review.

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