38 CFR 17.364 - Eligibility determinations.

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There are 11 Updates appearing in the Federal Register for 38 CFR Part 17. View below or at eCFR (GPOAccess)
§ 17.364 Eligibility determinations.
Determinations of legal eligibility and medical need for hospitalization of United States veterans for treatment rest exclusively with the United States Department of Veterans Affairs. Determinations as to various factors upon which eligibility may depend shall be made as follows:
(a) Determinations of service connection. For the purpose of meeting any requirement in 38 U.S.C. 1724 and 1732, and 38 CFR 17.36 through 17.37 for service-connected disability, the United States Department of Veterans Affairs shall determine that under laws it administers the disability in question was incurred in or aggravated by service, and
(b) Determinations of valid service. For the purpose of determining the necessary prerequisite service, determinations by the Department of Defense of the United States as to military service shall be accepted. In those cases in which the United States Department of Veterans Affairs shall have information which it deems reliable and in conflict with the information upon which the Department of Defense determination was made, the conflicting information shall be referred to the Department of Defense for reconsideration and redetermination. Such determinations and redeterminations as to military service shall be conclusive.
(Authority: 38 U.S.C. 1712)
[47 FR 58250, Dec. 30, 1982, as amended at 61 FR 21969, May 13, 1996]

Title 38 published on 2014-07-01.

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.

  • 2015-04-27; vol. 80 # 80 - Monday, April 27, 2015
    1. 80 FR 23239 - Updating Certain Delegations of Authority in VA Medical Regulations
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      Final rule.
      Effective date: This final rule is effective April 27, 2015.
      38 CFR Parts 1 and 17

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United States Code
U.S. Code: Title 38 - VETERANS’ BENEFITS

Title 38 published on 2014-07-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 38 CFR Part 17 after this date.

  • 2015-05-15; vol. 80 # 94 - Friday, May 15, 2015
    1. 80 FR 27878 - Health Care for Certain Children of Vietnam Veterans and Certain Korea Veterans—Covered Birth Defects and Spina Bifida
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      Proposed rule.
      Comments must be received by VA on or before July 14, 2015.
      38 CFR Part 17