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Title 38

Displaying title 38, up to date as of 8/13/2026. Title 38 was last amended 8/10/2026.
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  1. Title 38 —Pensions, Bonuses, and Veterans' Relief
  2. Chapter I —Department of Veterans Affairs
  3. Part 3 —Adjudication
  4. Subpart A   View Full Text
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Title 38Pensions, Bonuses, and Veterans' ReliefPart / Section
Chapter IDepartment of Veterans Affairs0 – 199
Part 3Adjudication3.1 – 3.2601
Subpart APension, Compensation, and Dependency and Indemnity Compensation3.1 – 3.1010
General3.1 – 3.43
§ 3.1Definitions.
§ 3.2Periods of war.
§ 3.3Pension.
§ 3.4Compensation.
§ 3.5Dependency and indemnity compensation.
§ 3.6Duty periods.
§ 3.7Individuals and groups considered to have performed active military, naval, air, or space service.
§ 3.10Dependency and indemnity compensation rate for a surviving spouse.
§ 3.11Homicide.
§ 3.12Benefit eligibility based on character of discharge.
§ 3.12aMinimum active-duty service requirement.
§ 3.13Discharge to change status.
§ 3.14Validity of enlistments.
§ 3.15Computation of service.
§ 3.16Service pension.
§ 3.17Disability and survivors pension; Mexican border period and later war periods.
§§ 3.18-3.19 [Reserved]
§ 3.20Surviving spouse's benefit for month of veteran's death.
§ 3.21Monetary rates.
§ 3.22DIC benefits for survivors of certain veterans rated totally disabled at time of death.
§ 3.23Improved pension rates—Veterans and surviving spouses.
§ 3.24Improved pension rates—Surviving children.
§ 3.25Parent's dependency and indemnity compensation (DIC)—Method of payment computation.
§ 3.26Section 306 and old-law pension annual income limitations.
§ 3.27Automatic adjustment of benefit rates.
§ 3.28Automatic adjustment of section 306 and old-law pension income limitations.
§ 3.29Rounding.
§ 3.30Frequency of payment of improved pension and parents' dependency and indemnity compensation (DIC).
§ 3.31Commencement of the period of payment.
§ 3.32Exchange rates for foreign currencies.
§ 3.33Reevaluation of Claims for Dependency and Indemnity Compensation Involving Presumptions of Service Connection Following Enactment of Public Law 117-168.
§ 3.40Philippine and Insular Forces.
§ 3.41Philippine service.
§ 3.42Compensation at the full-dollar rate for certain Filipino veterans residing in the United States.
§ 3.43Burial benefits at the full-dollar rate for certain Filipino veterans residing in the United States on the date of death.
Relationship3.50 – 3.60
§ 3.50Spouse and surviving spouse.
§ 3.52Marriages deemed valid.
§ 3.53Continuous cohabitation.
§ 3.54Marriage dates.
§ 3.55Reinstatement of benefits eligibility based upon terminated marital relationships.
§ 3.56 [Reserved]
§ 3.57Child.
§ 3.58Child adopted out of family.
§ 3.59Parent.
§ 3.60Definition of “living with”.
Administrative3.100 – 3.115
§ 3.100Delegations of authority.
§ 3.102Reasonable doubt.
§ 3.103Procedural due process and other rights.
§ 3.104Binding nature of decisions.
§ 3.105Revision of decisions.
§ 3.106Renouncement.
§ 3.107Awards where not all dependents apply.
§ 3.108State Department as agent of Department of Veterans Affairs.
§ 3.109Time limit.
§ 3.110Computation of time limit.
§ 3.111 [Reserved]
§ 3.112Fractions of one cent.
§ 3.114Change of law or Department of Veterans Affairs issue.
§ 3.115Access to financial records.
Claims3.150 – 3.161
§ 3.150Forms to be furnished.
§ 3.151Claims for disability benefits.
§ 3.152Claims for death benefits.
§ 3.153Claims filed with Social Security.
§ 3.154Injury due to hospital treatment, etc.
§ 3.155How to file a claim.
§ 3.156New evidence.
§ 3.158Abandoned claims.
§ 3.159Department of Veterans Affairs assistance in developing claims.
§ 3.160Status of claims.
§ 3.161 [Reserved]
Evidence Requirements3.200 – 3.217
§ 3.200Testimony certified or under oath.
§ 3.201Exchange of evidence; Social Security and Department of Veterans Affairs.
§ 3.202Evidence from foreign countries.
§ 3.203Service records as evidence of service and character of discharge.
§ 3.204Evidence of dependents and age.
§ 3.205Marriage.
§ 3.206Divorce.
§ 3.207Void or annulled marriage.
§ 3.208Claims based on attained age.
§ 3.209Birth.
§ 3.210Child's relationship.
§ 3.211Death.
§ 3.212Unexplained absence for 7 years.
§ 3.213Change of status affecting entitlement.
§ 3.214Court decisions; unremarried surviving spouses.
§ 3.215Termination of marital relationship or conduct.
§ 3.216Mandatory disclosure of social security numbers.
§ 3.217Submission of statements or information affecting entitlement to benefits.
Dependency, Income and Estate
Regulations Applicable to Programs in Effect Prior to January 1, 19793.250 – 3.270
§ 3.250Dependency of parents; compensation.
§ 3.251Income of parents; dependency and indemnity compensation.
§ 3.252Annual income; pension; Mexican border period and later war periods.
§§ 3.253-3.255 [Reserved]
§ 3.256Eligibility reporting requirements.
§ 3.257Children; no surviving spouse entitled.
§§ 3.258-3.259 [Reserved]
§ 3.260Computation of income.
§ 3.261Character of income; exclusions and estates.
§ 3.262Evaluation of income.
§ 3.263Corpus of estate; net worth.
§ 3.270Applicability of various dependency, income and estate regulations.
Regulations Applicable to the Improved Pension Program Which Became Effective January 1, 19793.271 – 3.279
§ 3.271Computation of income.
§ 3.272Exclusions from income.
§ 3.273Rate computation.
§ 3.274Net worth and VA pension.
§ 3.275How VA determines the asset amount for pension net worth determinations.
§ 3.276Asset transfers and penalty periods.
§ 3.277Eligibility reporting requirements.
§ 3.278Deductible medical expenses.
§ 3.279Statutory exclusions from income or assets (net worth or corpus of the estate).
Ratings and Evaluations; Basic Entitlement Considerations3.300 – 3.302
§ 3.300Claims based on the effects of tobacco products.
§ 3.301Line of duty and misconduct.
§ 3.302Service connection for mental unsoundness in suicide.
Ratings and Evaluations; Service Connection3.303 – 3.344
§ 3.303Principles relating to service connection.
§ 3.304Direct service connection; wartime and peacetime.
§ 3.305Direct service connection; peacetime service before January 1, 1947.
§ 3.306Aggravation of preservice disability.
§ 3.307Presumptive 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.
§ 3.308Presumptive service connection; peacetime service before January 1, 1947.
§ 3.309Disease subject to presumptive service connection.
§ 3.310Disabilities that are proximately due to, or aggravated by, service-connected disease or injury.
§ 3.311Claims based on exposure to ionizing radiation.
§ 3.312Cause of death.
§ 3.313Claims based on service in Vietnam.
§ 3.314Basic pension determinations.
§ 3.315Basic eligibility determinations; dependents, loans, education.
§ 3.316Claims based on chronic effects of exposure to mustard gas and Lewisite.
§ 3.317Compensation for certain disabilities occurring in Persian Gulf veterans.
§ 3.318Presumptive service connection for amyotrophic lateral sclerosis.
§ 3.319 [Reserved]
§ 3.320Claims based on exposure to fine particulate matter.
§ 3.320aPresumptive service connection for bladder, ureter, and related genitourinary cancers.
§ 3.320bPresumptive service connection for leukemias, multiple myelomas, myelodysplastic syndromes, and myelofibrosis.
§ 3.321General rating considerations.
§ 3.322Rating of disabilities aggravated by service.
§ 3.323Combined ratings.
§ 3.324Multiple noncompensable service-connected disabilities.
§ 3.325 [Reserved]
§ 3.326Examinations.
§ 3.327Reexaminations.
§ 3.328lndependent medical opinions.
§ 3.329 [Reserved]
§ 3.330Resumption of rating when veteran subsequently reports for Department of Veterans Affairs examination.
§§ 3.331-3.339 [Reserved]
§ 3.340Total and permanent total ratings and unemployability.
§ 3.341Total disability ratings for compensation purposes.
§ 3.342Permanent and total disability ratings for pension purposes.
§ 3.343Continuance of total disability ratings.
§ 3.344Stabilization of disability evaluations.
Ratings for Special Purposes3.350 – 3.363
§ 3.350Special monthly compensation ratings.
§ 3.351Special monthly dependency and indemnity compensation, death compensation, pension and spouse's compensation ratings.
§ 3.352Criteria for determining need for aid and attendance and “permanently bedridden.”
§ 3.353Determinations of incompetency and competency.
§ 3.354Determinations of insanity.
§ 3.355Testamentary capacity for insurance purposes.
§ 3.356Conditions which determine permanent incapacity for self-support.
§ 3.357Civil service preference ratings.
§ 3.358Compensation for disability or death from hospitalization, medical or surgical treatment, examinations or vocational rehabilitation training (§ 3.800).
§ 3.359Determination of service connection for former members of the Armed Forces of Czechoslovakia or Poland.
§ 3.360Service-connected health-care eligibility of certain persons administratively discharged under other than honorable condition.
§ 3.361Benefits 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.
§ 3.362Offsets under 38 U.S.C. 1151(b) of benefits awarded under 38 U.S.C. 1151(a).
§ 3.363Bar to benefits under 38 U.S.C. 1151.
Rating Considerations Relative to Specific Diseases3.370 – 3.385
§ 3.370Pulmonary tuberculosis shown by X-ray in active service.
§ 3.371Presumptive service connection for tuberculous disease; wartime and service on or after January 1, 1947.
§ 3.372Initial grant following inactivity of tuberculosis.
§ 3.373 [Reserved]
§ 3.374Effect of diagnosis of active tuberculosis.
§ 3.375Determination of inactivity (complete arrest) in tuberculosis.
§§ 3.376-3.377 [Reserved]
§ 3.378Changes from activity in pulmonary tuberculosis pension cases.
§ 3.379Anterior poliomyelitis.
§ 3.380Diseases of allergic etiology.
§ 3.381Service connection of dental conditions for treatment purposes.
§ 3.382 [Reserved]
§ 3.383Special consideration for paired organs and extremities.
§ 3.384Psychosis.
§ 3.385Disability due to impaired hearing.
Effective Dates3.400 – 3.405
§ 3.400General.
§ 3.401Veterans.
§ 3.402Surviving spouse.
§ 3.403Children.
§ 3.404Parents.
§ 3.405Filipino veterans and their survivors; benefits at the full-dollar rate.
Apportionments3.450 – 3.456-461
§ 3.450General Apportionment.
§ 3.451Apportionment claims.
§ 3.452Veteran's benefits apportionable.
§ 3.453Benefits not apportionable.
§ 3.454Apportionment of pension.
§ 3.455Apportionment of a surviving spouse's dependency and indemnity compensation.
§ 3.456-461 [Reserved]
Reductions and Discontinuances3.500 – 3.505
§ 3.500General.
§ 3.501Veterans.
§ 3.502Surviving spouses.
§ 3.503Children.
§ 3.504Parents; aid and attendance.
§ 3.505Filipino veterans and their survivors; benefits at the full-dollar rate.
Hospitalization Adjustments3.551 – 3.559
§ 3.551Reduction because of hospitalization.
§ 3.552Adjustment of allowance for aid and attendance.
§§ 3.553-3.555 [Reserved]
§ 3.556Adjustment on discharge or release.
§ 3.557 [Reserved]
§ 3.558Resumption and payment of withheld benefits; incompetents with estates that equaled or exceeded statutory limit.
§ 3.559 [Reserved]
Adjustments and Resumptions3.650 – 3.669
§ 3.650Rate for additional dependent.
§ 3.651Change in status of dependents.
§ 3.652Periodic certification of continued eligibility.
§ 3.653Foreign residence.
§ 3.654Active service pay.
§ 3.655Failure to report for Department of Veterans Affairs examination.
§ 3.656Disappearance of veteran.
§ 3.657Surviving spouse becomes entitled, or entitlement terminates.
§ 3.658Offsets; dependency and indemnity compensation.
§ 3.659Two parents in same parental line.
§ 3.660Dependency, income and estate.
§ 3.661Eligibility Verification Reports.
§§ 3.662-3.664 [Reserved]
§ 3.665Incarcerated beneficiaries and fugitive felons—compensation.
§ 3.666Incarcerated beneficiaries and fugitive felons—pension.
§ 3.667School attendance.
§ 3.668 [Reserved]
§ 3.669Forfeiture.
Concurrent Benefits and Elections3.700 – 3.715
§ 3.700General.
§ 3.701Elections of pension or compensation.
§ 3.702Dependency and indemnity compensation.
§ 3.703Two parents in same parental line.
§ 3.704Elections within class of dependents.
§§ 3.705-3.706 [Reserved]
§ 3.707Dependents' educational assistance.
§ 3.708Federal Employees' Compensation.
§ 3.710Civil service annuitants.
§ 3.711Improved pension elections.
§ 3.712Improved pension elections; surviving spouses of Spanish-American War veterans.
§ 3.713Effective dates of improved pension elections.
§ 3.714Improved pension elections—public assistance beneficiaries.
§ 3.715Radiation Exposure Compensation Act of 1990, as amended.
Retirement3.750 – 3.754
§ 3.750Entitlement to concurrent receipt of military retired pay and disability compensation.
§ 3.751Statutory awards; retired service personnel.
§ 3.752 [Reserved]
§ 3.753Public Health Service.
§ 3.754Emergency officers' retirement pay.
Special Benefits3.800 – 3.816
§ 3.800Disability or death due to hospitalization, etc.
§ 3.801Special acts.
§ 3.802Medal of Honor.
§ 3.803Naval pension.
§ 3.804Special allowance under 38 U.S.C. 1312.
§ 3.805Loan guaranty for surviving spouses; certification.
§ 3.806Death gratuity; certification.
§ 3.807Dependents' educational assistance; certification.
§ 3.808Automobiles or other conveyances and adaptive equipment; certification.
§ 3.809Specially adapted housing under 38 U.S.C. 2101(a)(2)(A)(i).
§ 3.809aSpecial home adaptation grants under 38 U.S.C. 2101(b).
§ 3.810Clothing allowance.
§ 3.811Minimum income annuity and gratuitous annuity.
§ 3.812Special allowance payable under section 156 of Pub. L. 97-377.
§ 3.813Interim benefits for disability or death due to chloracne or porphyria cutanea tarda.
§ 3.814Monetary 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.
§ 3.815Monetary 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.
§ 3.816Awards under the Nehmer Court Orders for disability or death caused by a condition presumptively associated with herbicide exposure.
Forfeiture3.900 – 3.905
§ 3.900General.
§ 3.901Fraud.
§ 3.902Treasonable acts.
§ 3.903Subversive activities.
§ 3.904Effect of forfeiture after veteran's death.
§ 3.905Declaration of forfeiture or remission of forfeiture.
Protection3.950 – 3.960
§ 3.950Helpless children; Spanish-American and prior wars.
§ 3.951Preservation of disability ratings.
§ 3.952Protected ratings.
§ 3.953Pub. L. 85-56 and Pub. L. 85-857.
§§ 3.955-3.956 [Reserved]
§ 3.957Service connection.
§ 3.958Federal employees' compensation cases.
§ 3.959Tuberculosis.
§ 3.960Section 306 and old-law pension protection.
Accrued3.1000 – 3.1010
§ 3.1000Entitlement under 38 U.S.C. 5121 to benefits due and unpaid upon death of a beneficiary.
§ 3.1001Hospitalized competent veterans.
§ 3.1002Political subdivisions of United States.
§ 3.1003Returned and canceled checks.
§§ 3.1004-3.1006 [Reserved]
§ 3.1007Hospitalized incompetent veterans.
§ 3.1008Accrued benefits payable to foreign beneficiaries.
§ 3.1009Personal funds of patients.
§ 3.1010Substitution under 38 U.S.C. 5121A following death of a claimant.
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