38 CFR Part 3
PART 3—ADJUDICATION
- PART 3—ADJUDICATION
- Chapter I—Department of Veterans Affairs
- 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, air, or space service.
- § 3.10 Dependency and indemnity compensation rate for a surviving spouse.
- § 3.11 Homicide.
- § 3.12 Benefit eligibility based on 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 survivors 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.
- § 3.33 Reevaluation of Claims for Dependency and Indemnity Compensation Involving Presumptions of Service Connection Following Enactment of Public Law 117-168.
- § 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 other rights.
- § 3.104 Binding nature 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 How to file a claim.
- § 3.156 New evidence.
- § 3.158 Abandoned claims.
- § 3.159 Department of Veterans Affairs assistance in developing claims.
- § 3.160 Status of claims.
- § 3.161 [Reserved]
- 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.
- 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 Net worth and VA pension.
- § 3.275 How VA determines the asset amount for pension net worth determinations.
- § 3.276 Asset transfers and penalty periods.
- § 3.277 Eligibility reporting requirements.
- § 3.278 Deductible medical expenses.
- § 3.279 Statutory exclusions from income or assets (net worth or corpus of the estate).
- 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, 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.
- § 3.308 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 [Reserved]
- § 3.320 Claims based on exposure to fine particulate matter.
- § 3.320a Presumptive service connection for bladder, ureter, and related genitourinary cancers.
- § 3.320b Presumptive service connection for leukemias, multiple myelomas, myelodysplastic syndromes, and myelofibrosis.
- § 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 Apportionment.
- § 3.451 Apportionment claims.
- § 3.452 Veteran's benefits apportionable.
- § 3.453 Benefits not apportionable.
- § 3.454 Apportionment of pension.
- § 3.455 Apportionment of a surviving spouse's dependency and indemnity compensation.
- § 3.456-461 [Reserved]
- 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.
- 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 Substitution under 38 U.S.C. 5121A following death of a claimant.
- 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.
- 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.
- Subpart C [Reserved]
- 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?
- § 3.2400 Applicability of modernized review system.
- § 3.2500 Review of decisions.
- § 3.2501 Supplemental claims.
- § 3.2502 Return by higher-level adjudicator or remand by the Board of Veterans' Appeals.
- Revisions
- § 3.2600 Legacy review of benefit claims decisions.
- § 3.2601 Higher-level review.
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