38 CFR Book B Adjudication

Supplements
General - 3.1 - 3.43

Relationship - 3.50 - 3.60
Administrative - 3.100 - 3.115
Claims - 3.150 - 3.160
Evidence Requirements - 3.200 - 3.277
Ratings and Evaluations; Basic Entitlement Considerations - 3.300 - 3.302
Ratings and Evaluations; Service Connection - 3.303 - 3.344
Ratings for Special Purposes - 3.350 - 3.361
Ratings Considerations Relative to Specific Diseases - 3.370 - 3.385
Effective Dates - 3.400 - 3.405
Apportionments - 3.450 - 3.461
Reductions and Discontinuances - 3.500 - 3.505
Hospitalization Adjustment - 3.551 - 3.559
Adjustments and Resumptions - 3.650 - 3.669
Concurrent Benefits and Elections - 3.700 - 3.715
Retirement - 3.750 - 3.754
Special Benefits - 3.800 - 3.816
Incompetents, Guardianship and Institutional Awards - 3.850 - 3.857
Forfeiure - 3.900 - 3.905
Protection - 3.950 - 3.960
Accrued - 3.1000 - 3.1009
Burial Benefits - 3.1600 - 3.1612
Universal Adjudication Rules that Apply to Benefit Claims Governed by Part 3 of this Title - 3.2100 - 3.2600

Supplements for Book B

58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75
76 77 78 79 80 81 82 83 84

Introducution

Table of Contents

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 Indeminity Compensation rate for 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 Parents' 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' DIC
3.31 Commencement of the period of payment
3.32 Exchange rates for foreign currencies
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

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Relationship

3.50 Spouse and surviving spouse
3.51 - 3.52 [Removed] /Marriages deemed valid
3.53 Continuous cohabitation
3.54 Marriage dates
3.55 Reinstatement of benefits based upon terminated marital relationships
3.56 [Reserved]
3.57 Child
3.58 - 3.59 Child adopted out of family /Parent
3.60 Definition of "living with"

Administrative

3.100 Delegations of authority
3.101 [Removed]
3.102 Reasonable doubt
3.103 Procedural due process and appellate rights
3.104 Finality of decisions
3.105 Revision of decisions
3.106 - 3.107 Renouncement /Awards where all not dependents apply
3.108 - 3.109 State Department as agent of Department of Veterans Affairs /Time limit
3.110 - 3.111 Computation of time limit /[Reserved]
3.112 - 3.113 Fractions of one cent /Removed
3.114 Change of law or Department of Veterans Affairs issue
3.115 Access to financial records

Claims

3.150 Claims
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 - 3.208 Void or annulled marriage /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 - 3.215 Court decisions; unremarried surviving spouses /Termination of marital relationship or conduct
3.216 Mandatory disclosure of social security number
3.217 Submission of Statements or Information Affecting Entitlement to Benefits
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
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

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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 pre-service 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 Proximate results, secondary conditions
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
3.317 Compensation for certain disabilities due to undiagnosed illnesses
3.318 Presumptive Service Connection for Amyotrophic Lateral Sclerosis
3.319 Reserved
3.320 Reserved
3.321 General rating considerations
3.322 Rating of disabilities aggravated by service
3.323 - 3.324 - 3.325 Combined ratings /Multiple noncompensable service-connected disabilities /[Reserved]
3.326 Examinations
3.327 Reexaminations
3 328 - 3.329 Independent medical opinions /[Removed]
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 - 3.355 Determinations of insanity /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 - 3.360 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
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

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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 - 3.373 Initial grant following inactivity of tuberculosis /[Reserved]
3.374 - 3.375 Effect of diagnosis of active tuberculosis /Determination of inactivity (complete arrest) in tuberculosis
3.376 - 3.377 - 3.378 [Reserved] /[Reserved] /Changes from activity in pulmonary tuberculosis pension cases
3.379 - 3.380 Anterior poliomyelitis /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

3.400 General
3.401 Veterans
3.402 Surviving spouse
3.403 Children
3.404 Parents
3.405 Filipino veterans; 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 - 3.460 Death compensation. /Death pension.
3.461 Dependency and indemnity compensation.

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

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 Incompetents; estate over $1,500 and institutionalized
3.558 Resumption and payment of withheld benefits; incompetents $1,500 estate cases
3.559 Resumption-$1,500 cases where estate includes chose in action

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 - 3.659 Offsets; dependency and indemnity compensation /Two parents in same parental line
3.660 Dependency, income and estate
3.661 Eligibility Verification Reports
3.662-3.664 [Reserved]
3.665 Penal institutions-compensation
3.666 Penal institutions-pension
3.667 School attendance
3.668 [Reserved]
3.669 Forfeiture

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 - 3.705 - 3.706 - 3.707 Elections within class of dependents /[Reserved] /[Reserved] /Dependents' educational assistance
3.708 Federal Employees' Compensation
3.709 - 3.710 - 3.711 [Removed] /Civil service annuitants /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

3.750 Retirement pay
3.751 - 3.752 Statutory awards; retired service personnel /[Reserved]
3.753 Public Health Service
3.754 Emergency officers' retirement pay

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.
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; certification
3.809 Specially adapted housing under 38 U.S.C. 801(a)
3.809a Special home adaptation grants under 38 U.S.C. 801(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. 1805 for a child suffering from spina bifida who is a child of a Vietnam veteran
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, Indentification of Covered Birth Defects
3.816 Awards Under the Nehmer Court Order for Disability or Death Caused by a Cobdition Presumptively Associated with Herbicide Exposure

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

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

3.950 - 3.951 Helpless children; Spanish-American and prior wars /Preservation of disability ratings
3.952 Protected ratings
3.953 Public Law 85-56 and Public Law 85-857
3.954 - 3.955 - 3.956 - 3.957 Burial allowance /[Reserved] /[Reserved] /Service connection
3.958 - 3.959 Federal employees' compensation cases /Tuberculosis
3.960 Section 306 and old-law pension protection

3.1000 Under 38 U.S.C. 3021
3.1001 Hospitalized competent veterans
3.1002 - 3.1003 Political subdivisions of United States /Returned and canceled checks
3.1004 - 3.1005 - 3.1006 - 3.1007 - 3.1008 [Reserved] / [Reserved] / [Reserved] Hospitalized incompetent veterans /Accrued benefits payable to foreign beneficiaries
3.1009 Personal funds of patients

3.1600 Payment of burial expenses of deceased veterans
3.1601 Claims and evidence
3.1602 - 3.1603 Special conditions governing payments /Authority for burial of certain unclaimed bodies
3.1604 Payments from non-Department of Veterans Affairs sources
3.1605 Death while traveling under prior authorization or while hospitalized by the Department of Veterans Affairs
3.1606 Transportation items
3.1607 - 3.1608 - 3.1609 Cost of flags /Nonallowable expenses /Forfeiture
3.1610 - 3.1611 Burial in National cemeteries /Official Department of Veterans Affairs representation at funeral
3.1612 Monetary allowance in lieu of a Government-furnished headstone or marker

3.2100 Scope of Applicability.
3.2130 Will VA accept a signature by mark or thumbprint?
3.2600 Review of benefit claims decisions.

Reviewed/Updated Date: December 10, 2008