38 CFR 3 - ADJUDICATION
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.
GPO FDSys XML | Text 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 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.
GPO FDSys XML | Text 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 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.
GPO FDSys XML | Text 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 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.
§ 101 - Definitions
§ 102 - Dependent parents
§ 103 - Special provisions relating to marriages
§ 312 - Inspector General
§ 314 - Central Office
§ 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
§ 541 - Advisory Committee on Former Prisoners of War
§ 542 - Advisory Committee on Women Veterans
§ 902 - Enforcement and arrest authority of Department police officers
38 USC § 1761 to 1764 - Repealed.
§ 1771 to 1774 - Renumbered
§ 1781 - Medical care for survivors and dependents of certain veterans
§ 1782 - Counseling, training, and mental health services for immediate family members and caregivers
§ 1783 - Bereavement counseling
§ 1784 - Humanitarian care
§ 1785 - Care and services during certain disasters and emergencies
§ 1786 - Care for newborn children of women veterans receiving maternity care
§ 1801 - Repealed.
§ 1802 - Spina bifida conditions covered
§ 1803 - Health care
§ 1804 - Vocational training and rehabilitation
§ 1805 - Monetary allowance
§ 1806 - Repealed.
§ 1811 - Definitions
§ 1812 - Covered birth defects
§ 1813 - Health care
§ 1814 - Vocational training
§ 1815 - Monetary allowance
§ 1816 - Regulations
§ 1821 - Benefits for children of certain Korea service veterans born with spina bifida
§ 1831 - Definitions
§ 1832 - Applicability of certain administrative provisions
§ 1833 - Treatment of receipt of monetary allowance and other benefits
§ 1834 - Nonduplication of benefits
§ 1901 - Definitions
§ 1902 - Premium rates and policy values
§ 1903 - Amount of insurance
§ 1904 - Plans of insurance
§ 1905 - Renewal
§ 1906 - Policy provisions
§ 1907 - Payment or use of dividends
§ 1908 - Premium payments
§ 1909 - Effective date of insurance
§ 1910 - Incontestability
§ 1911 - Forfeiture
§ 1912 - Total disability waiver
§ 1913 - Death before six months’ total disability
§ 1914 - Statutory total disabilities
§ 1915 - Total disability income provision
§ 1916 - Insurance which matured before August 1, 1946
§ 1917 - Insurance maturing on or after August 1, 1946
§ 1918 - Assignments
§ 1919 - National Service Life Insurance appropriation
§ 1920 - National Service Life Insurance Fund
§ 1921 - Extra hazard costs
§ 1922A - Supplemental service disabled veterans’ insurance for totally disabled veterans
§ 1922 - Service disabled veterans’ insurance
§ 1923 - Veterans’ Special Life Insurance
§ 1924 - In-service waiver of premiums
§ 1925 - Limited period for acquiring insurance
§ 1926 - Authority for higher interest rates for amounts payable to beneficiaries
§ 1927 - Authority for higher monthly installments payable to certain annuitants
§ 1928 - Authority for payment of interest on settlements
§ 1929 - Authority to adjust premium discount rates
§ 1940 - Definition
§ 1941 - Amount of insurance
§ 1942 - Plans of insurance
§ 1943 - Premiums
§ 1944 - Policy provisions
§ 1945 - Renewal
§ 1946 - Dividends to pay premiums
§ 1947 - Incontestability
§ 1948 - Total disability provision
§ 1949 - Change of beneficiary
§ 1950 - Payment to estates
§ 1951 - Payment of insurance
§ 1952 - Optional settlement
§ 1953 - Assignments
§ 1954 - Forfeiture
§ 1955 - United States Government Life Insurance Fund
§ 1956 - Military and naval insurance appropriation
§ 1957 - Extra hazard costs
§ 1958 - Statutory total permanent disability
§ 1959 - Waiver of disability for reinstatement
§ 1960 - Waiver of premium payments on due date
§ 1961 - Authority for higher interest rates for amounts payable to beneficiaries
§ 1962 - Authority for higher monthly installments payable to certain annuitants
§ 1963 - Authority for payment of interest on settlements
§ 1965 - Definitions
§ 1966 - Eligible insurance companies
§ 1967 - Persons insured; amount
§ 1968 - Duration and termination of coverage; conversion
§ 1969 - Deductions; payment; investment; expenses
§ 1970 - Beneficiaries; payment of insurance
§ 1971 - Basic tables of premiums; readjustment of rates
§ 1972 - Benefit certificates
§ 1973 - Forfeiture
§ 1974 - Advisory Council on Servicemembers’ Group Life Insurance
§ 1975 - Jurisdiction of District Courts
§ 1976 - Effective date
§ 1977 - Veterans’ Group Life Insurance
§ 1978 - Reinstatement
§ 1979 - Incontestability
§ 1980A - Traumatic injury protection
§ 1980 - Option to receive accelerated death benefit
§ 1981 - Replacement of surrendered and expired insurance
§ 1982 - Administrative cost
§ 1983 - Settlements for minors or incompetents
§ 1984 - Suits on insurance
§ 1985 - Decisions by the Secretary
§ 1986 - Deposits in and disbursements from trust funds
§ 1987 - Penalties
§ 1988 - Savings provision
§ 2001 - Purpose
§ 2002 - Definitions
§ 2003 - Staffing requirements
§ 2011 - Grants
§ 2012 - Per diem payments
§ 2013 - Authorization of appropriations
§ 2021A - Homeless women veterans and homeless veterans with children reintegration grant program
§ 2021 - Homeless veterans reintegration programs
§ 2022 - Coordination of outreach services for veterans at risk of homelessness
§ 2023 - Referral and counseling services: veterans at risk of homelessness who are transitioning from certain institutions
§ 2031 - General treatment
§ 2032 - Therapeutic housing
§ 2033 - Additional services at certain locations
§ 2034 - Coordination with other agencies and organizations
§ 2041 - Housing assistance for homeless veterans
§ 2042 - Supported housing for veterans participating in compensated work therapies
§ 2043 - Domiciliary care programs
§ 2044 - Financial assistance for supportive services for very low-income veteran families in permanent housing
§ 2051 - General authority
§ 2052 - Requirements
§ 2053 - Default
§ 2054 - Audit
§ 2061 - Grant program for homeless veterans with special needs
§ 2062 - Dental care
§ 2063 - Employment assistance
§ 2064 - Technical assistance grants for nonprofit community-based groups
§ 2065 - Annual report on assistance to homeless veterans
§ 2066 - Advisory Committee on Homeless Veterans
§ 2101 - Acquisition and adaptation of housing: eligible veterans
§ 2101A - Eligibility for benefits and assistance: members of the Armed Forces with service-connected disabilities; individuals residing outside the United States
§ 2102A - Assistance for individuals residing temporarily in housing owned by a family member
§ 2102 - Limitations on assistance furnished
§ 2103 - Furnishing of plans and specifications
§ 2104 - Benefits additional to benefits under other laws
§ 2105 - Nonliability of United States
§ 2106 - Veterans’ mortgage life insurance
§ 2107 - Coordination of administration of benefits
§ 2108 - Specially adapted housing assistive technology grant program
§ 2301 - Flags
§ 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
§ 2400 - Establishment of National Cemetery Administration; composition of Administration
§ 2401 - Advisory Committee on Cemeteries and Memorials
§ 2402 - Persons eligible for interment in national cemeteries
§ 2403 - Memorial areas
§ 2404 - Administration
§ 2405 - Disposition of inactive cemeteries
§ 2406 - Acquisition of lands
§ 2407 - Authority to accept and maintain suitable memorials
§ 2408 - Aid to States for establishment, expansion, and improvement of veterans’ cemeteries
§ 2409 - Memorial areas in Arlington National Cemetery
§ 2410 - Burial of cremated remains in Arlington National Cemetery
§ 2411 - Prohibition against interment or memorialization in the National Cemetery Administration or Arlington National Cemetery of persons committing Federal or State capital crimes
§ 2412 - Lease of land and buildings
§ 2413 - Prohibition on certain demonstrations at cemeteries under control of the National Cemetery Administration and at Arlington National Cemetery
§ 3001 - Purposes
§ 3002 - Definitions
§ 3011 - Basic educational assistance entitlement for service on active duty
§ 3012 - Basic educational assistance entitlement for service in the Selected Reserve
§ 3021 - Supplemental educational assistance for additional service
§ 3112 - Revolving fund loans
§ 5101 - Claims and forms
90 Stat. 1369
91 Stat. 1433
91 Stat. 1449
92 Stat. 2497
96 Stat. 1920
97 Stat. 65
98 Stat. 2725
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.
GPO FDSys XML | Text 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 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.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-28437 RIN 2900-AO31 DEPARTMENT OF VETERANS AFFAIRS Proposed rule; correction. 38 CFR Part 3 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.
GPO FDSys XML | Text 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 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.
GPO FDSys XML | Text 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 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.
GPO FDSys XML | Text 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 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.
GPO FDSys XML | Text 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 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.
GPO FDSys XML | Text 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 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.