38 CFR 3 - ADJUDICATION | LII / Legal Information Institute

Title 38 published on 2011-07-01

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.

2012-01-30; vol. 77 # 19 - Monday, January 30, 2012

77 FR 4469 - Dental Conditions

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Additional Documents

type	regulations.gov
FR Doc.	2012-1873
RIN	2900-AN28

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This amendment is effective February 29, 2012.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) adopts as a final rule the proposal to amend its adjudication regulations regarding service connection of dental conditions for treatment purposes. This amendment clarifies that principles governing determinations by VA's Veterans Benefits Administration (VBA) for service connection of dental conditions for the purpose of establishing eligibility for dental treatment by VA's Veterans Health Administration (VHA), apply only when VHA requests information or a rating from VBA for those purposes. This amendment also clarifies existing regulatory provisions and reflects the respective responsibilities of VHA and VBA in determinations concerning eligibility for dental treatment.

2011-12-29; vol. 76 # 250 - Thursday, December 29, 2011

76 FR 81834 - 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.	2011-33222
RIN	2900-AO09

DEPARTMENT OF VETERANS AFFAIRS

Interim final rule.

Effective Date: This interim final rule is effective December 29, 2011. Comments must be received by VA on or before February 27, 2012.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) is issuing this interim final rule to amend its adjudication regulation regarding compensation for disabilities suffered 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.

2011-11-16; vol. 76 # 221 - Wednesday, November 16, 2011

76 FR 70883 - Clothing Allowance

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-29579
RIN	2900-AN64

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This final rule is effective December 16, 2011. Applicability Date: This final rule applies to claims received by or pending before VA on or after December 16, 2011.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) amends its regulations regarding clothing allowances. The amendment provides for an annual clothing allowance for each qualifying prosthetic or orthopedic appliance worn or used by a veteran for a service-connected disability or disabilities that wears out or tears a single article of the veteran's clothing and for each physician-prescribed medication used by a veteran for a skin condition that is due to a service-connected disability that affects a single outergarment. The amendment also provides two annual clothing allowances if a veteran wears or uses more than one qualifying prosthetic or orthopedic appliance, physician-prescribed medication for more than one skin condition, or an appliance and a medication for a service-connected disability or disabilities and the appliance(s) or medication(s) together cause a single article of clothing to wear out faster than if affected by a single appliance or medication. This amendment also makes certain technical changes to the rule.

2011-08-23; vol. 76 # 163 - Tuesday, August 23, 2011

76 FR 52572 - Rules Governing Hearings Before the Agency of Original Jurisdiction and the Board of Veterans' Appeals; Clarification

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-21513
RIN	2900-AO06

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This rule is effective August 23, 2011.

38 CFR Parts 3 and 20

Summary

The Department of Veterans Affairs (VA) is amending its hearing regulations to clarify that the provisions regarding hearings before the Agency of Original Jurisdiction (AOJ) do not apply to hearings before the Board of Veterans' Appeals (Board).

2011-07-15; vol. 76 # 136 - Friday, July 15, 2011

76 FR 41696 - Presumptive Service Connection for Diseases Associated With Service in the Southwest Asia Theater of Operations During the Persian Gulf War: Functional Gastrointestinal Disorders

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-17814
RIN	2900-AN83

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

This final rule is effective August 15, 2011. Applicability Date: This final rule shall apply to claims pending before, filed with or remanded to VA on or after August 15, 2011.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) adopts as a final rule the proposal to amend its adjudication regulations regarding presumptive service connection for medically unexplained chronic multisymptom illnesses associated with service in the Southwest Asia theater of operations for which there is no record during service. This amendment implements a decision by the Secretary that there is a positive association between service in Southwest Asia during certain periods and the subsequent development of functional gastrointestinal disorders (FGIDs) and clarifies that FGIDs fall within the scope of the existing presumptions of service connection for medically unexplained chronic multisymptom illnesses.

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

10 USC 2133

28 USC 418

38 USC 101 - Definitions

38 USC 102 - Dependent parents

38 USC 103 - Special provisions relating to marriages

38 USC § 1761 to 1764 - Repealed.

38 USC 1802 - Spina bifida conditions covered

38 USC 1807

38 USC 1818

38 USC 1901 - Definitions

38 USC 1902 - Premium rates and policy values

38 USC 1903 - Amount of insurance

38 USC 2302 - Funeral expenses

38 USC 2303 - Death in Department facility; plot allowance

38 USC 2304 - Claims for reimbursement

38 USC 2305 - Persons eligible under prior law

38 USC 2306 - Headstones, markers, and burial receptacles

38 USC 2307 - Death from service-connected disability

38 USC 2308 - Transportation of deceased veteran to a national cemetery

38 USC 3001 - Purposes

38 USC 3010

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

38 USC 3021 - Supplemental educational assistance for additional service

38 USC 3112 - Revolving fund loans

38 USC 312 - Inspector General

38 USC 314 - Central Office

38 USC 501 - Rules and regulations

38 USC 503 - Administrative error; equitable relief

38 USC 5101 - Claims and forms

38 USC 511 - Decisions of the Secretary; finality

38 USC 512 - Delegation of authority; assignment of functions and duties

38 USC 521 - Assistance to certain rehabilitation activities

38 USC 524

38 USC 541 - Advisory Committee on Former Prisoners of War

38 USC 542 - Advisory Committee on Women Veterans

38 USC 618

38 USC 801

38 USC 902 - Enforcement and arrest authority of Department police officers

38 USC 906

38 USC 907

Statutes at Large

90 Stat. 1369

91 Stat. 1433

91 Stat. 1449

92 Stat. 2497

96 Stat. 1920

97 Stat. 65

98 Stat. 2725

Public Laws

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

2012-01-30; vol. 77 # 19 - Monday, January 30, 2012

77 FR 4469 - Dental Conditions

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2012-1873
RIN	2900-AN28

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This amendment is effective February 29, 2012.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) adopts as a final rule the proposal to amend its adjudication regulations regarding service connection of dental conditions for treatment purposes. This amendment clarifies that principles governing determinations by VA's Veterans Benefits Administration (VBA) for service connection of dental conditions for the purpose of establishing eligibility for dental treatment by VA's Veterans Health Administration (VHA), apply only when VHA requests information or a rating from VBA for those purposes. This amendment also clarifies existing regulatory provisions and reflects the respective responsibilities of VHA and VBA in determinations concerning eligibility for dental treatment.

2011-12-29; vol. 76 # 250 - Thursday, December 29, 2011

76 FR 81834 - 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.	2011-33222
RIN	2900-AO09

DEPARTMENT OF VETERANS AFFAIRS

Interim final rule.

Effective Date: This interim final rule is effective December 29, 2011. Comments must be received by VA on or before February 27, 2012.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) is issuing this interim final rule to amend its adjudication regulation regarding compensation for disabilities suffered 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.

2011-11-16; vol. 76 # 221 - Wednesday, November 16, 2011

76 FR 70883 - Clothing Allowance

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-29579
RIN	2900-AN64

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This final rule is effective December 16, 2011. Applicability Date: This final rule applies to claims received by or pending before VA on or after December 16, 2011.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) amends its regulations regarding clothing allowances. The amendment provides for an annual clothing allowance for each qualifying prosthetic or orthopedic appliance worn or used by a veteran for a service-connected disability or disabilities that wears out or tears a single article of the veteran's clothing and for each physician-prescribed medication used by a veteran for a skin condition that is due to a service-connected disability that affects a single outergarment. The amendment also provides two annual clothing allowances if a veteran wears or uses more than one qualifying prosthetic or orthopedic appliance, physician-prescribed medication for more than one skin condition, or an appliance and a medication for a service-connected disability or disabilities and the appliance(s) or medication(s) together cause a single article of clothing to wear out faster than if affected by a single appliance or medication. This amendment also makes certain technical changes to the rule.

2011-08-23; vol. 76 # 163 - Tuesday, August 23, 2011

76 FR 52572 - Rules Governing Hearings Before the Agency of Original Jurisdiction and the Board of Veterans' Appeals; Clarification

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-21513
RIN	2900-AO06

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This rule is effective August 23, 2011.

38 CFR Parts 3 and 20

Summary

The Department of Veterans Affairs (VA) is amending its hearing regulations to clarify that the provisions regarding hearings before the Agency of Original Jurisdiction (AOJ) do not apply to hearings before the Board of Veterans' Appeals (Board).

2011-07-18; vol. 76 # 137 - Monday, July 18, 2011

76 FR 42077 - Claim-Related Documents or Supporting Evidence Not of Record

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-17959
RIN	2900-AN33

DEPARTMENT OF VETERANS AFFAIRS

Withdrawal of proposed rule.

The proposed rule published at 74 FR 58232 on November 12, 2009, is withdrawn as of July 18, 2011.

38 CFR Part 3

Summary

In a document published in the Federal Register on November 12, 2009, the Department of Veterans Affairs (VA) proposed to add a new section to its adjudication regulations to establish temporary VA procedures for when claimants allege the submission of claim-related documents or evidence in support of a claim during the time period of April 14, 2007, through October 14, 2008, when such documents or evidence are not of record in the official VA file.

2011-07-15; vol. 76 # 136 - Friday, July 15, 2011

76 FR 41696 - Presumptive Service Connection for Diseases Associated With Service in the Southwest Asia Theater of Operations During the Persian Gulf War: Functional Gastrointestinal Disorders

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-17814
RIN	2900-AN83

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

This final rule is effective August 15, 2011. Applicability Date: This final rule shall apply to claims pending before, filed with or remanded to VA on or after August 15, 2011.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) adopts as a final rule the proposal to amend its adjudication regulations regarding presumptive service connection for medically unexplained chronic multisymptom illnesses associated with service in the Southwest Asia theater of operations for which there is no record during service. This amendment implements a decision by the Secretary that there is a positive association between service in Southwest Asia during certain periods and the subsequent development of functional gastrointestinal disorders (FGIDs) and clarifies that FGIDs fall within the scope of the existing presumptions of service connection for medically unexplained chronic multisymptom illnesses.

2011-03-17; vol. 76 # 52 - Thursday, March 17, 2011

76 FR 14600 - Dental Conditions

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-6148
RIN	2900-AN28

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

Comments must be received by VA on or before May 16, 2011.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) proposes to amend its adjudication regulations regarding service connection of dental conditions for treatment purposes. The regulations currently state several principles governing determinations by VA's Veterans Benefits Administration (VBA) of service connection of dental conditions for the purpose of establishing eligibility for dental treatment by VA's Veterans Health Administration (VHA). We propose to clarify that those principles apply only when VHA requests information or a rating from VBA for those purposes. The amendments are to clarify existing regulatory provisions and to reflect the respective responsibilities of VHA and VBA in determinations concerning eligibility for dental treatment.

2011-02-15; vol. 76 # 31 - Tuesday, February 15, 2011

76 FR 8666 - Substitution in Case of Death of Claimant

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-3196
RIN	2900-AN91

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

Comments must be received by VA on or before April 18, 2011.

38 CFR Parts 3, 14, 20

Summary

The Department of Veterans Affairs (VA) proposes to amend its regulations concerning adjudication of claims, representation of claimants, and Board of Veterans' Appeals rules of practice. These amendments would implement section 212 of the Veterans' Benefits Improvement Act of 2008, which allows an eligible survivor to substitute for a deceased claimant in order to complete the processing of the deceased claimant's claim. The intended effect of these amendments is to clarify the rules and procedures for those situations in which substitution is authorized. Under section 212, if a claimant dies while his or her claim or appeal is pending before VA, a survivor who would be eligible for accrued benefits under existing statutory authority may, not later than one year after the death of the claimant, request to be substituted for the claimant for the purposes of processing the claim or appeal to completion. Accordingly, after substitution, VA will continue to process the claim or appeal as if the claimant had not died. These amendments clarify the following matters: Eligibility for substitution, how an eligible survivor makes a request to substitute, how VA responds to requests to substitute, a substitute's rights in adjudication, limitations related to substitution, order of preference among eligible survivors, representation of substitutes, and procedures for substitution when a claim is before the Board of Veterans' Appeals.

2011-02-02; vol. 76 # 22 - Wednesday, February 2, 2011

76 FR 5733 - Clothing Allowance

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-2101
RIN	2900-AN64

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

VA must receive comments on or before April 4, 2011.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) proposes to amend its adjudication regulations regarding clothing allowances. The amendment would provide for annual clothing allowances for each qualifying prosthetic or orthopedic appliance worn or used by a veteran for a service-connected disability or disabilities that wears out or tears a distinct article of the veteran's clothing and for each physician-prescribed medication used by a veteran for a skin condition that is due to a service-connected disability that affects a distinct outergarment. The amendment would also provide two annual clothing allowances if a veteran wears or uses more than one qualifying prosthetic or orthopedic appliance, physician-prescribed medication for more than one skin condition, or an appliance and a medication for a service-connected disability or disabilities and the appliances(s) or medication(s) together cause a single article of clothing to wear out faster than if affected by a single appliance or medication.

2011-01-25; vol. 76 # 16 - Tuesday, January 25, 2011

76 FR 4245 - Herbicide Exposure and Veterans With Covered Service in Korea

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2011-1342
RIN	2900-AN27

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This final rule is effective February 24, 2011. Applicability Date: This final rule shall apply to all applications for benefits that are received by VA on or after February 24, 2011 and to all applications for benefits 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 February 24, 2011.

38 CFR Parts 3, 17, and 21

Summary

This document adopts as a final rule the Department of Veterans Affairs' (VA) proposal to amend VA adjudication, medical, and vocational rehabilitation and employment regulations to incorporate relevant provisions of the Veterans Benefits Act of 2003. Specifically, this document amends VA regulations regarding herbicide exposure of certain veterans who served in or near the Korean demilitarized zone and regulations regarding spina bifida in their children. It also amends VA's medical regulations by correcting the Health Administration Center's hand-delivery address.

38 CFR 3 - ADJUDICATION

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