Veterans' Relief
CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
PART 3--ADJUDICATION
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|
| 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. |
|
| 3.8 |
Philippine and Insular Forces. |
|
| 3.9 |
Philippine service. |
|
| 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. |
|
| 3.50 |
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. |
|
| 3.113 |
Signature by mark. |
|
| 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. |
|
| 3.250 |
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. |
|
| 3.301 |
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 |
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 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. |
|
| 3.370 |
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. |
|
| 3.385 |
Disability due to impaired hearing. |
|
| 3.400 |
General. |
|
| 3.401 |
Veterans. |
|
| 3.402 |
Surviving spouse. |
|
| 3.403 |
Children. |
|
| 3.404 |
Parents. |
|
| 3.450 |
General. |
|
| 3.451 |
Special apportionments. |
|
| 3.452 |
Veterans benefits apportionable. |
|
| 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. |
|
| 3.551 |
Reduction because of hospitalization.
|
|
| 3.552 |
Adjustment of allowance for aid and attendance. |
|
| 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 |
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 |
Penal institutions--compensation. |
|
| 3.666 |
Penal institutions--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. |
|
| 3.750 |
Retirement pay. |
|
| 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. 1805 for a child suffering from spina bifida who is a child of a Vietnam veteran. |
|
| 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 |
Under 38 U.S.C. 5121. |
|
| 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. |