38 CFR 3 - ADJUDICATION | Title 38 - Pensions, Bonuses, and Veterans' Relief | Code of Federal Regulations

Title 38 published on 2012-07-01

The following are only the Rules published in the Federal Register after the published date of Title 38.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

2012-11-27; vol. 77 # 228 - Tuesday, November 27, 2012

77 FR 70686 - Rules Governing Hearings Before the Agency of Original Jurisdiction and the Board of Veterans' Appeals; Repeal of Prior Rule Change

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-28621
RIN	2900-AO43

DEPARTMENT OF VETERANS AFFAIRS

Final rule; confirmation of effective date and addition of applicability date.

Effective Date: This final rule is effective June 18, 2012. Applicability Date: This final rule shall apply to decisions issued by the Board on or after August 23, 2011.

38 CFR Parts 3 and 20

Summary

The Department of Veterans Affairs (VA) published a direct final rule amending its hearing regulations to repeal a prior amendment that specified that the provisions regarding hearings before the Agency of Original Jurisdiction (AOJ) do not apply to hearings before the Board of Veterans' Appeals (Board). VA received no significant adverse comment concerning this rule. This document confirms that the direct final rule became effective on June 18, 2012. Additionally, in the preamble of the direct final rule, VA did not provide an applicability date. This document provides an applicability date.

2012-10-16; vol. 77 # 200 - Tuesday, October 16, 2012

77 FR 63225 - Extension of Statutory Period for Compensation for Certain Disabilities Due to Undiagnosed Illnesses and Medically Unexplained Chronic Multi-Symptom Illnesses

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-25353
RIN	2900-AO09

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This rule is effective October 16, 2012. Applicability Date: The provisions of this final rule shall apply to all applications for benefits that are or have been received by VA on or after December 29, 2011, or that were pending before VA, the United States Court of Appeals for Veterans Claims, or the United States Court of Appeals for the Federal Circuit on December 29, 2011.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) is issuing this final rule to affirm an amendment to its adjudication regulation regarding compensation for disabilities experienced by veterans who served in the Southwest Asia Theater of Operations during the Persian Gulf War. This amendment is necessary to extend the period during which disabilities associated with undiagnosed illnesses and medically unexplained chronic multi-symptom illnesses must become manifest in order for a veteran to be eligible for compensation. Additionally, in this final rule, VA will correct the adjudication section title that was amended and published in the Federal Register on September 29, 2010, but inadvertently changed to the original title.

2012-07-10; vol. 77 # 132 - Tuesday, July 10, 2012

77 FR 40524 - Dependency and Indemnity Compensation Payable to a Surviving Spouse With One or More Children Under Age 18

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-16810
RIN	2900-AO38

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This final rule is effective July 10, 2012.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) is issuing this final rule to amend its adjudication regulation regarding the additional statutory amount of Dependency and Indemnity Compensation (DIC) payable to a surviving spouse with one or more children below the age of 18. The Veterans' Compensation Cost-of-Living Adjustment Act of 2006 redesignated the statutory section cited in VA's governing regulation. This amendment is necessary to conform the regulation to the statutory provision.

77 FR 40525 - Dependency and Indemnity Compensation (DIC) Benefits for Survivors of Former Prisoners of War Rated Totally Disabled at Time of Death

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-16812
RIN	2900-AO22

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This final rule is effective July 10, 2012. Applicability Date: This final rule applies to an application for dependency and indemnity compensation that: • Is received by VA on or after October 1, 2011; • Was received by VA before October 1, 2011, but had not been decided by a VA regional office as of that date; • Is appealed to the Board of Veterans' Appeals (Board) on or after October 1, 2011; • Was appealed to the Board before October 1, 2011, but had not been decided by the Board as of that date; or • Is pending before VA on or after October 1, 2011, because the Court of Appeals for Veterans Claims vacated a Board decision on the application and remanded it for readjudication.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) is amending its adjudication regulation regarding benefits for survivors of former prisoners of war who were rated totally disabled at the time of death. This amendment is necessary to conform the regulation to the authorizing statutory provision. The effect of this amendment is to liberalize the eligibility criteria for dependency and indemnity compensation (DIC) based on the death of a former prisoner of war whose service-connected disabilities had been continuously rated totally disabling for at least 1 year when he or she died.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

USC : Title 10 - ARMED FORCES

§ 2133

USC : Title 28 - JUDICIARY AND JUDICIAL PROCEDURE

§ 418

USC : Title 38 - VETERANS’ BENEFITS

§ 101 - Definitions

§ 102 - Dependent parents

§ 103 - Special provisions relating to marriages

§ 312 - Inspector General

§ 314 - Central Office

§ 360

§ 363

§ 418

§ 501 - Rules and regulations

§ 503 - Administrative error; equitable relief

§ 511 - Decisions of the Secretary; finality

§ 512 - Delegation of authority; assignment of functions and duties

§ 521 - Assistance to certain rehabilitation activities

§ 524

§ 541 - Advisory Committee on Former Prisoners of War

§ 542 - Advisory Committee on Women Veterans

§ 618

§ 801

§ 902 - Enforcement and arrest authority of Department police officers

38 USC § 1761 to 1764 - Repealed.

§ 1802 - Spina bifida conditions covered

§ 1807

§ 1818

§ 1901 - Definitions

§ 1902 - Premium rates and policy values

§ 1903 - Amount of insurance

§ 2302 - Funeral expenses

§ 2303 - Death in Department facility; plot allowance

§ 2304 - Claims for reimbursement

§ 2305 - Persons eligible under prior law

§ 2306 - Headstones, markers, and burial receptacles

§ 2307 - Death from service-connected disability

§ 2308 - Transportation of deceased veteran to a national cemetery

§ 3001 - Purposes

§ 3010

§ 3012 - Basic educational assistance entitlement for service in the Selected Reserve

§ 3021 - Supplemental educational assistance for additional service

§ 3112 - Revolving fund loans

§ 3203

§ 3503

§ 3504

§ 5101 - Claims and forms

Statutes at Large

Public Laws

Title 38 published on 2012-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 38 CFR 3 after this date.

2012-12-10; vol. 77 # 237 - Monday, December 10, 2012

77 FR 73366 - Secondary Service Connection for Diagnosable Illnesses Associated With Traumatic Brain Injury

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-29709
RIN	2900-AN89

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

Effective Date: Comments must be received by VA on or before February 8, 2013.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) is amending its adjudication regulations concerning service-connection. This amendment is necessary to act upon a report of the National Academy of Sciences, Institute of Medicine (IOM), Gulf War and Health, Volume 7: Long-Term Consequences of Traumatic Brain Injury, regarding the association between traumatic brain injury (TBI) and five diagnosable illnesses. The intended effect of this amendment is to establish that if a veteran who has a service-connected TBI also has one of these diagnosable illnesses, then that illness will be considered service connected as secondary to the TBI.

2012-11-27; vol. 77 # 228 - Tuesday, November 27, 2012

77 FR 70686 - Rules Governing Hearings Before the Agency of Original Jurisdiction and the Board of Veterans' Appeals; Repeal of Prior Rule Change

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-28621
RIN	2900-AO43

DEPARTMENT OF VETERANS AFFAIRS

Final rule; confirmation of effective date and addition of applicability date.

Effective Date: This final rule is effective June 18, 2012. Applicability Date: This final rule shall apply to decisions issued by the Board on or after August 23, 2011.

38 CFR Parts 3 and 20

Summary

The Department of Veterans Affairs (VA) published a direct final rule amending its hearing regulations to repeal a prior amendment that specified that the provisions regarding hearings before the Agency of Original Jurisdiction (AOJ) do not apply to hearings before the Board of Veterans' Appeals (Board). VA received no significant adverse comment concerning this rule. This document confirms that the direct final rule became effective on June 18, 2012. Additionally, in the preamble of the direct final rule, VA did not provide an applicability date. This document provides an applicability date.

2012-11-26; vol. 77 # 227 - Monday, November 26, 2012

77 FR 70389 - Eligibility of Disabled Veterans and Members of the Armed Forces With Severe Burn Injuries for Financial Assistance in the Purchase of an Automobile or Other Conveyance and Adaptive Equipment; Correction

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-28437
RIN	2900-AO31

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule; correction.

38 CFR Part 3

Summary

In a document published in the Federal Register on November 5, 2012 (77 FR 66419), the Department of Veterans Affairs amended its adjudication regulations regarding a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment. The document contained several grammatical errors in the preamble and regulatory text. This document corrects the errors and does not make any substantive change to the content of the proposed rule.

2012-11-05; vol. 77 # 214 - Monday, November 5, 2012

77 FR 66419 - Eligibility of Disabled Veterans and Members of the Armed Forces With Severe Burn Injuries for Financial Assistance in the Purchase of an Automobile or Other Conveyance and Adaptive Equipment

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-26607
RIN	2900-AO31

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

Written comments must be received on or before January 4, 2013. Applicability Date: VA would apply this rule to all claims for benefits received on or after October 1, 2011.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) is amending its adjudication regulation regarding a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment. The amendment is necessary to incorporate statutory changes made by the Veterans' Benefits Act of 2010.

2012-10-16; vol. 77 # 200 - Tuesday, October 16, 2012

77 FR 63225 - Extension of Statutory Period for Compensation for Certain Disabilities Due to Undiagnosed Illnesses and Medically Unexplained Chronic Multi-Symptom Illnesses

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-25353
RIN	2900-AO09

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This rule is effective October 16, 2012. Applicability Date: The provisions of this final rule shall apply to all applications for benefits that are or have been received by VA on or after December 29, 2011, or that were pending before VA, the United States Court of Appeals for Veterans Claims, or the United States Court of Appeals for the Federal Circuit on December 29, 2011.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) is issuing this final rule to affirm an amendment to its adjudication regulation regarding compensation for disabilities experienced by veterans who served in the Southwest Asia Theater of Operations during the Persian Gulf War. This amendment is necessary to extend the period during which disabilities associated with undiagnosed illnesses and medically unexplained chronic multi-symptom illnesses must become manifest in order for a veteran to be eligible for compensation. Additionally, in this final rule, VA will correct the adjudication section title that was amended and published in the Federal Register on September 29, 2010, but inadvertently changed to the original title.

2012-08-10; vol. 77 # 155 - Friday, August 10, 2012

77 FR 47795 - Disease Associated With Exposure to Certain Herbicide Agents: Peripheral Neuropathy

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-19634
RIN	2900-AO32

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

Comments must be received by VA on or before October 9, 2012.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) proposes to amend its adjudication regulation concerning presumptive service connection for acute and sub-acute peripheral neuropathy associated with exposure to certain herbicide agents. This proposed amendment is necessary to implement a decision by the Secretary of Veterans Affairs to clarify and expand the terminology regarding presumption of service connection for peripheral neuropathy associated with exposure to certain herbicide agents.

2012-07-10; vol. 77 # 132 - Tuesday, July 10, 2012

77 FR 40524 - Dependency and Indemnity Compensation Payable to a Surviving Spouse With One or More Children Under Age 18

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-16810
RIN	2900-AO38

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This final rule is effective July 10, 2012.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) is issuing this final rule to amend its adjudication regulation regarding the additional statutory amount of Dependency and Indemnity Compensation (DIC) payable to a surviving spouse with one or more children below the age of 18. The Veterans' Compensation Cost-of-Living Adjustment Act of 2006 redesignated the statutory section cited in VA's governing regulation. This amendment is necessary to conform the regulation to the statutory provision.

77 FR 40525 - Dependency and Indemnity Compensation (DIC) Benefits for Survivors of Former Prisoners of War Rated Totally Disabled at Time of Death

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-16812
RIN	2900-AO22

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This final rule is effective July 10, 2012. Applicability Date: This final rule applies to an application for dependency and indemnity compensation that: • Is received by VA on or after October 1, 2011; • Was received by VA before October 1, 2011, but had not been decided by a VA regional office as of that date; • Is appealed to the Board of Veterans' Appeals (Board) on or after October 1, 2011; • Was appealed to the Board before October 1, 2011, but had not been decided by the Board as of that date; or • Is pending before VA on or after October 1, 2011, because the Court of Appeals for Veterans Claims vacated a Board decision on the application and remanded it for readjudication.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) is amending its adjudication regulation regarding benefits for survivors of former prisoners of war who were rated totally disabled at the time of death. This amendment is necessary to conform the regulation to the authorizing statutory provision. The effect of this amendment is to liberalize the eligibility criteria for dependency and indemnity compensation (DIC) based on the death of a former prisoner of war whose service-connected disabilities had been continuously rated totally disabling for at least 1 year when he or she died.

38 CFR 3 - ADJUDICATION

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