2005 CFR Title 38, Volume 1

Title 38--Pensions, Bonuses, and Veterans' Relief CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 3--ADJUDICATION
	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 indemnity compensation rate for a 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.
	3.20	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.
	3.40	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.
	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.
	3.57	Child.
	3.58	Child adopted out of family.
	3.59	Parent.
	3.60	Definition of ``living with''.
	3.100	Delegations of authority.
	3.102	Reasonable doubt.
	3.103	Procedural due process and appellate rights.
	3.104	Finality 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.
	3.112	Fractions of one cent.
	3.114	Change of law or Department of Veterans Affairs issue.
	3.115	Access to financial records.
	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	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.
	3.200	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.
	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.
	3.256	Eligibility reporting requirements.
	3.257	Children; no surviving spouse entitled.
	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.
	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.
	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, 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	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 due to undiagnosed illnesses.
	3.321	General rating considerations.
	3.322	Rating of disabilities aggravated by service.
	3.323	Combined ratings.
	3.324	Multiple noncompensable service-connected disabilities.
	3.326	Examinations.
	3.327	Reexaminations.
	3.328	lndependent medical opinions.
	3.330	Resumption of rating when veteran subsequently reports for Department of Veterans Affairs examination.
	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.
	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.
	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.
	3.374	Effect of diagnosis of active tuberculosis.
	3.375	Determination of inactivity (complete arrest) in tuberculosis.
	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.
	3.383	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 and their survivors; benefits at the full-dollar rate.
	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	Death compensation.
	3.460	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 and their survivors; benefits at the full-dollar rate.
	3.551	Reduction because of hospitalization.
	3.552	Adjustment of allowance for aid and attendance.
	3.556	Adjustment on discharge or release.
	3.558	Resumption and payment of withheld benefits; incompetents with estates that equaled or exceeded statutory limit.
	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.
	3.665	Incarcerated beneficiaries and fugitive felons--compensation.
	3.666	Incarcerated beneficiaries and fugitive felons--pension.
	3.667	School attendance.
	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	Elections within class of dependents.
	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.
	3.750	Entitlement to concurrent receipt of military retired pay and disability compensation.
	3.751	Statutory awards; retired service personnel.
	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. 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; certification.
	3.809	Specially adapted housing under 38 U.S.C. 2101(a).
	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.
	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.
	3.850	General.
	3.851	St. Elizabeths Hospital, Washington, DC.
	3.852	Institutional awards.
	3.853	Incompetents; estate over $25,000.
	3.854	Limitation on payments for minor.
	3.855	Beneficiary rated or reported incompetent.
	3.856	Change of name of female fiduciary.
	3.857	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	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.
	3.954	Burial allowance.
	3.957	Service connection.
	3.958	Federal employees' compensation cases.
	3.959	Tuberculosis.
	3.960	Section 306 and old-law pension protection.
	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.
	3.1007	Hospitalized incompetent veterans.
	3.1008	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	Special conditions governing payments.
	3.1603	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	Cost of flags.
	3.1608	Nonallowable expenses.
	3.1609	Forfeiture.
	3.1610	Burial in national cemeteries; burial of unclaimed bodies.
	3.1611	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.