38 CFR 3, Subpart A - Pension, Compensation, and Dependency and Indemnity Compensation
- — General
- § 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.
- § 3.10 — Dependency and indemnity compensation rate for a surviving spouse.
- § 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.
- §§ 3.18-3.19 — [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.
- § 3.40 — 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.
- — Relationship
- § 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 — [Reserved]
- § 3.57 — Child.
- § 3.58 — Child adopted out of family.
- § 3.59 — Parent.
- § 3.60 — Definition of “living with”.
- — Administrative
- § 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.
- § 3.111 — [Reserved]
- § 3.112 — Fractions of one cent.
- § 3.114 — Change of law or Department of Veterans Affairs issue.
- § 3.115 — Access to financial records.
- — Claims
- § 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.
- § 3.161 — Expedited Claims Adjudication Initiative—Pilot Program.
- — Evidence Requirements
- § 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.
- — Regulations Applicable to Programs in Effect Prior to January 1, 1979
- § 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 — [Reserved]
- § 3.256 — Eligibility reporting requirements.
- § 3.257 — Children; no surviving spouse entitled.
- §§ 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.
- — Regulations Applicable to the Improved Pension Program Which Became Effective January 1, 1979
- § 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.
- — Ratings and Evaluations; Basic Entitlement Considerations
- § 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.
- — Ratings and Evaluations; Service Connection
- § 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 — 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 due to undiagnosed illnesses.
- § 3.318 — Presumptive service connection for amyotrophic lateral sclerosis.
- §§ 3.319-3.320 — [Reserved]
- § 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 — [Reserved]
- § 3.326 — Examinations.
- § 3.327 — Reexaminations.
- § 3.328 — lndependent medical opinions.
- § 3.329 — [Reserved]
- § 3.330 — Resumption of rating when veteran subsequently reports for Department of Veterans Affairs examination.
- §§ 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.
- — Ratings for Special Purposes
- § 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.
- — Rating Considerations Relative to Specific Diseases
- § 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 — [Reserved]
- § 3.374 — Effect of diagnosis of active tuberculosis.
- § 3.375 — Determination of inactivity (complete arrest) in tuberculosis.
- §§ 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 — [Reserved]
- § 3.383 — Special consideration for paired organs and extremities.
- § 3.384 — Psychosis.
- § 3.385 — Disability due to impaired hearing.
- — Effective Dates
- § 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.
- — Apportionments
- § 3.450 — General.
- § 3.451 — Special apportionments.
- § 3.452 — Situations when benefits may be apportioned.
- § 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.
- — Reductions and Discontinuances
- § 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.
- — Hospitalization Adjustments
- § 3.551 — Reduction because of hospitalization.
- § 3.552 — Adjustment of allowance for aid and attendance.
- §§ 3.553-3.555 — [Reserved]
- § 3.556 — Adjustment on discharge or release.
- § 3.557 — [Reserved]
- § 3.558 — Resumption and payment of withheld benefits; incompetents with estates that equaled or exceeded statutory limit.
- § 3.559 — [Reserved]
- — Adjustments and Resumptions
- § 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 — [Reserved]
- § 3.665 — Incarcerated beneficiaries and fugitive felons—compensation.
- § 3.666 — Incarcerated beneficiaries and fugitive felons—pension.
- § 3.667 — School attendance.
- § 3.668 — [Reserved]
- § 3.669 — Forfeiture.
- — Concurrent Benefits and Elections
- § 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 — [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.
- — Retirement
- § 3.750 — Entitlement to concurrent receipt of military retired pay and disability compensation.
- § 3.751 — Statutory awards; retired service personnel.
- § 3.752 — [Reserved]
- § 3.753 — Public Health Service.
- § 3.754 — Emergency officers' retirement pay.
- — Special Benefits
- § 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. 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.
- — Incompetents, Guardianship and Institutional Awards
- § 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.
- — Forfeiture
- § 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.
- — Protection
- § 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.
- §§ 3.955-3.956 — [Reserved]
- § 3.957 — Service connection.
- § 3.958 — Federal employees' compensation cases.
- § 3.959 — Tuberculosis.
- § 3.960 — Section 306 and old-law pension protection.
- — Accrued
- § 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 — [Reserved]
- § 3.1007 — Hospitalized incompetent veterans.
- § 3.1008 — Accrued benefits payable to foreign beneficiaries.
- § 3.1009 — Personal funds of patients.
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.
§ 1802 - Spina bifida conditions covered
§ 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
§ 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
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. 2012-29709 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 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.
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.