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Part 3
FEDERAL · 38 CFR
Part 3 — Adjudication
304 sections · Title 38: Pensions, Bonuses, and Veterans' Relief
§ 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
§§ 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.
§ 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
§ 3.56 [Reserved]
§ 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 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
§ 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.
§ 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
§ 3.161 [Reserved]
§ 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.
§ 3.253-3.255
§§ 3.253-3.255 [Reserved]
§ 3.256
Eligibility reporting requirements.
§ 3.257
Children; no surviving spouse entitled.
§ 3.258-3.259
§§ 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
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).
§ 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, 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
§ 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
§ 3.325 [Reserved]
§ 3.326
Examinations.
§ 3.327
Reexaminations.
§ 3.328
lndependent medical opinions.
§ 3.329
§ 3.329 [Reserved]
§ 3.330
Resumption of rating when veteran subsequently reports for Department of Veterans Affairs examination.
§ 3.331-3.339
§§ 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.
§ 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.
§ 3.373
§ 3.373 [Reserved]
§ 3.374
Effect of diagnosis of active tuberculosis.
§ 3.375
Determination of inactivity (complete arrest) in tuberculosis.
§ 3.376-3.377
§§ 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
§ 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 and their survivors; benefits at the full-dollar rate.
§ 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
§ 3.456-461 [Reserved]
§ 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.
§ 3.553-3.555
§§ 3.553-3.555 [Reserved]
§ 3.556
Adjustment on discharge or release.
§ 3.557
§ 3.557 [Reserved]
§ 3.558
Resumption and payment of withheld benefits; incompetents with estates that equaled or exceeded statutory limit.
§ 3.559
§ 3.559 [Reserved]
§ 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
§§ 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
§ 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
Elections within class of dependents.
§ 3.705-3.706
§§ 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.
§ 3.750
Entitlement to concurrent receipt of military retired pay and disability compensation.
§ 3.751
Statutory awards; retired service personnel.
§ 3.752
§ 3.752 [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. 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.
§ 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.
§ 3.955-3.956
§§ 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.
§ 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
§§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 3.2600
Legacy review of benefit claims decisions.
§ 3.2601
Higher-level review.