38 CFR 3.159 - Department of Veterans Affairs assistance in developing claims.

§ 3.159 Department of Veterans Affairs assistance in developing claims.

(a)Definitions. For purposes of this section, the following definitions apply:

(1)Competent medical evidence means evidence provided by a person who is qualified through education, training, or experience to offer medical diagnoses, statements, or opinions. Competent medical evidence may also mean statements conveying sound medical principles found in medical treatises. It would also include statements contained in authoritative writings such as medical and scientific articles and research reports or analyses.

(2)Competent lay evidence means any evidence not requiring that the proponent have specialized education, training, or experience. Lay evidence is competent if it is provided by a person who has knowledge of facts or circumstances and conveys matters that can be observed and described by a lay person.

(3)Substantially complete application means an application containing the claimant's name; his or her relationship to the veteran, if applicable; sufficient service information for VA to verify the claimed service, if applicable; the benefit claimed and any medical condition(s) on which it is based; the claimant's signature; and in claims for nonservice-connected disability or death pension and parents' dependency and indemnity compensation, a statement of income.

(4) For purposes of paragraph (c)(4)(i) of this section, event means one or more incidents associated with places, types, and circumstances of service giving rise to disability.

(5)Information means non-evidentiary facts, such as the claimant's Social Security number or address; the name and military unit of a person who served with the veteran; or the name and address of a medical care provider who may have evidence pertinent to the claim.

(b)VA's duty to notify claimants of necessary information or evidence.

(1) When VA receives a complete or substantially complete application for benefits, it will notify the claimant of any information and medical or lay evidence that is necessary to substantiate the claim (hereafter in this paragraph referred to as the “notice”). In the notice, VA will inform the claimant which information and evidence, if any, that the claimant is to provide to VA and which information and evidence, if any, that VA will attempt to obtain on behalf of the claimant. The information and evidence that the claimant is informed that the claimant is to provide must be provided within one year of the date of the notice. If the claimant has not responded to the notice within 30 days, VA may decide the claim prior to the expiration of the one-year period based on all the information and evidence contained in the file, including information and evidence it has obtained on behalf of the claimant and any VA medical examinations or medical opinions. If VA does so, however, and the claimant subsequently provides the information and evidence within one year of the date of the notice, VA must readjudicate the claim.

(Authority: 38 U.S.C. 5103)

(2) If VA receives an incomplete application for benefits, it will notify the claimant of the information necessary to complete the application and will defer assistance until the claimant submits this information.

(Authority: 38 U.S.C. 5102(b), 5103A(3))

(3) No duty to provide the notice described in paragraph (b)(1) of this section arises:

(i) Upon receipt of a Notice of Disagreement; or

(ii) When, as a matter of law, entitlement to the benefit claimed cannot be established.

(Authority: 38 U.S.C. 5103(a), 5103A(a)(2))

(c)VA's duty to assist claimants in obtaining evidence. Upon receipt of a substantially complete application for benefits, VA will make reasonable efforts to help a claimant obtain evidence necessary to substantiate the claim. In addition, VA will give the assistance described in paragraphs (c)(1), (c)(2), and (c)(3) to an individual attempting to reopen a finally decided claim. VA will not pay any fees charged by a custodian to provide records requested.

(1)Obtaining records not in the custody of a Federal department or agency. VA will make reasonable efforts to obtain relevant records not in the custody of a Federal department or agency, to include records from State or local governments, private medical care providers, current or former employers, and other non-Federal governmental sources. Such reasonable efforts will generally consist of an initial request for the records and, if the records are not received, at least one follow-up request. A follow-up request is not required if a response to the initial request indicates that the records sought do not exist or that a follow-up request for the records would be futile. If VA receives information showing that subsequent requests to this or another custodian could result in obtaining the records sought, then reasonable efforts will include an initial request and, if the records are not received, at least one follow-up request to the new source or an additional request to the original source.

(i) The claimant must cooperate fully with VA's reasonable efforts to obtain relevant records from non-Federal agency or department custodians. The claimant must provide enough information to identify and locate the existing records, including the person, company, agency, or other custodian holding the records; the approximate time frame covered by the records; and, in the case of medical treatment records, the condition for which treatment was provided.

(ii) If necessary, the claimant must authorize the release of existing records in a form acceptable to the person, company, agency, or other custodian holding the records.

(Authority: 38 U.S.C. 5103A(b))

(2)Obtaining records in the custody of a Federal department or agency. VA will make as many requests as are necessary to obtain relevant records from a Federal department or agency. These records include but are not limited to military records, including service medical records; medical and other records from VA medical facilities; records from non-VA facilities providing examination or treatment at VA expense; and records from other Federal agencies, such as the Social Security Administration. VA will end its efforts to obtain records from a Federal department or agency only if VA concludes that the records sought do not exist or that further efforts to obtain those records would be futile. Cases in which VA may conclude that no further efforts are required include those in which the Federal department or agency advises VA that the requested records do not exist or the custodian does not have them.

(i) The claimant must cooperate fully with VA's reasonable efforts to obtain relevant records from Federal agency or department custodians. If requested by VA, the claimant must provide enough information to identify and locate the existing records, including the custodian or agency holding the records; the approximate time frame covered by the records; and, in the case of medical treatment records, the condition for which treatment was provided. In the case of records requested to corroborate a claimed stressful event in service, the claimant must provide information sufficient for the records custodian to conduct a search of the corroborative records.

(ii) If necessary, the claimant must authorize the release of existing records in a form acceptable to the custodian or agency holding the records.

(Authority: 38 U.S.C. 5103A(b))

(3)Obtaining records in compensation claims. In a claim for disability compensation, VA will make efforts to obtain the claimant's service medical records, if relevant to the claim; other relevant records pertaining to the claimant's active military, naval or air service that are held or maintained by a governmental entity; VA medical records or records of examination or treatment at non-VA facilities authorized by VA; and any other relevant records held by any Federal department or agency. The claimant must provide enough information to identify and locate the existing records including the custodian or agency holding the records; the approximate time frame covered by the records; and, in the case of medical treatment records, the condition for which treatment was provided.

(Authority: 38 U.S.C. 5103A(c))

(4)Providing medical examinations or obtaining medical opinions.

(i) In a claim for disability compensation, VA will provide a medical examination or obtain a medical opinion based upon a review of the evidence of record if VA determines it is necessary to decide the claim. A medical examination or medical opinion is necessary if the information and evidence of record does not contain sufficient competent medical evidence to decide the claim, but:

(A) Contains competent lay or medical evidence of a current diagnosed disability or persistent or recurrent symptoms of disability;

(B) Establishes that the veteran suffered an event, injury or disease in service, or has a disease or symptoms of a disease listed in § 3.309, § 3.313, § 3.316, and § 3.317 manifesting during an applicable presumptive period provided the claimant has the required service or triggering event to qualify for that presumption; and

(C) Indicates that the claimed disability or symptoms may be associated with the established event, injury, or disease in service or with another service-connected disability.

(ii) Paragraph (4)(i)(C) could be satisfied by competent evidence showing post-service treatment for a condition, or other possible association with military service.

(iii) Paragraph (c)(4) applies to a claim to reopen a finally adjudicated claim only if new and material evidence is presented or secured.

(Authority: 38 U.S.C. 5103A(d))

(d)Circumstances where VA will refrain from or discontinue providing assistance. VA will refrain from providing assistance in obtaining evidence for a claim if the substantially complete application for benefits indicates that there is no reasonable possibility that any assistance VA would provide to the claimant would substantiate the claim. VA will discontinue providing assistance in obtaining evidence for a claim if the evidence obtained indicates that there is no reasonable possibility that further assistance would substantiate the claim. Circumstances in which VA will refrain from or discontinue providing assistance in obtaining evidence include, but are not limited to:

(1) The claimant's ineligibility for the benefit sought because of lack of qualifying service, lack of veteran status, or other lack of legal eligibility;

(2) Claims that are inherently incredible or clearly lack merit; and

(3) An application requesting a benefit to which the claimant is not entitled as a matter of law.

(Authority: 38 U.S.C. 5103A(a)(2))

(e)Duty to notify claimant of inability to obtain records.

(1) If VA makes reasonable efforts to obtain relevant non-Federal records but is unable to obtain them, or after continued efforts to obtain Federal records concludes that it is reasonably certain they do not exist or further efforts to obtain them would be futile, VA will provide the claimant with oral or written notice of that fact. VA will make a record of any oral notice conveyed to the claimant. For non-Federal records requests, VA may provide the notice at the same time it makes its final attempt to obtain the relevant records. In either case, the notice must contain the following information:

(i) The identity of the records VA was unable to obtain;

(ii) An explanation of the efforts VA made to obtain the records;

(iii) A description of any further action VA will take regarding the claim, including, but not limited to, notice that VA will decide the claim based on the evidence of record unless the claimant submits the records VA was unable to obtain; and

(iv) A notice that the claimant is ultimately responsible for providing the evidence.

(2) If VA becomes aware of the existence of relevant records before deciding the claim, VA will notify the claimant of the records and request that the claimant provide a release for the records. If the claimant does not provide any necessary release of the relevant records that VA is unable to obtain, VA will request that the claimant obtain the records and provide them to VA.

(Authority: 38 U.S.C. 5103A(b)(2))

(f) For the purpose of the notice requirements in paragraphs (b) and (e) of this section, notice to the claimant means notice to the claimant or his or her fiduciary, if any, as well as to his or her representative, if any.

(Authority: 38 U.S.C. 5102(b), 5103(a))

(g) The authority recognized in subsection (g) of 38 U.S.C. 5103A is reserved to the sole discretion of the Secretary and will be implemented, when deemed appropriate by the Secretary, through the promulgation of regulations.

(Authority: 38 U.S.C. 5103A(g))

[ 66 FR 45630, Aug. 29, 2001, as amended at 73 FR 23356, Apr. 30, 2008]

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

U.S. Code: Title 10 - ARMED FORCES

§ 2133 - Renumbered § 16133]

U.S. Code: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE

§ 418

U.S. Code: 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

§ 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 14-Sep-2017 03:50

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

2017-01-13; vol. 82 # 9 - Friday, January 13, 2017

82 FR 4173 - Diseases Associated With Exposure to Contaminants in the Water Supply at Camp Lejeune

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Additional Documents

type	regulations.gov
FR Doc.	2017-00499
RIN	2900-AP66

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This final rule is effective March 14, 2017.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) amends its adjudication regulations regarding presumptive service connection, adding certain diseases associated with contaminants present in the base water supply at U.S. Marine Corps Base Camp Lejeune (Camp Lejeune), North Carolina, from August 1, 1953, to December 31, 1987. This final rule establishes that veterans, former reservists, and former National Guard members, who served at Camp Lejeune for no less than 30 days (consecutive or nonconsecutive) during this period, and who have been diagnosed with any of eight associated diseases, are presumed to have incurred or aggravated the disease in service for purposes of entitlement to VA benefits. In addition, this final rule establishes a presumption that these individuals were disabled during the relevant period of service for purposes of establishing active military service for benefits purposes. Under this presumption, affected former reservists and National Guard members have veteran status for purposes of entitlement to some VA benefits. This amendment implements a decision by the Secretary of Veterans Affairs that service connection on a presumptive basis is warranted for claimants who served at Camp Lejeune during the relevant period and for the requisite amount of time and later develop certain diseases.

2016-12-21; vol. 81 # 245 - Wednesday, December 21, 2016

81 FR 93649 - Special Monthly Compensation for Veterans With Traumatic Brain Injury

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Additional Documents

type	regulations.gov
FR Doc.	2016-30509
RIN	2900-AP23

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

Comments must be received on or before February 21, 2017.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) seeks to amend its adjudication regulations to add an additional benefit for veterans with residuals of traumatic brain injury (TBI). This benefit was enacted by the Veterans' Benefits Act of 2010 and provides special monthly compensation for veterans with TBI who are in need of aid and attendance and, in the absence of such aid and attendance, would require hospitalization, nursing home care, or other residential institutional care. Prior to the law's enactment, veterans with TBI were not eligible for this benefit unless they had a separate service-related disability that qualified under the law.

2016-10-17; vol. 81 # 200 - Monday, October 17, 2016

81 FR 71382 - Extension of the Presumptive Period for Compensation for Gulf War Veterans

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Additional Documents

type	regulations.gov
FR Doc.	2016-25017
RIN	2900-AP84

DEPARTMENT OF VETERANS AFFAIRS

Interim final rule.

Effective date: This interim final rule is effective October 17, 2016. Comment date: Comments must be received on or before December 16, 2016.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) is issuing this interim final rule to amend its adjudication regulations regarding compensation for disabilities resulting from undiagnosed illnesses suffered by veterans who served in the Persian Gulf War. This amendment is necessary to extend the presumptive period for qualifying chronic disabilities resulting from undiagnosed illnesses that must become manifest to a compensable degree in order that entitlement for compensation be established. The intended effect of this amendment is to provide consistency in VA adjudication policy and preserve certain rights afforded to Persian Gulf War veterans and ensure fairness for current and future Persian Gulf War veterans.

2016-09-09; vol. 81 # 175 - Friday, September 9, 2016

81 FR 62419 - Diseases Associated With Exposure to Contaminants in the Water Supply at Camp Lejeune

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Additional Documents

type	regulations.gov
FR Doc.	2016-21455
RIN	2900-AP66

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

Comment Date: Comments must be received on or before October 11, 2016.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) proposes to amend its adjudication regulations relating to presumptive service connection to add certain diseases associated with contaminants present in the base water supply at U.S. Marine Corps Base Camp Lejeune (Camp Lejeune), North Carolina, from August 1, 1953 to December 31, 1987. The chemical compounds involved have been associated by various scientific organizations with the development of certain diseases. This proposed rule would establish that veterans, former reservists, and former National Guard members, who served at Camp Lejeune for no less than 30 days (consecutive or nonconsecutive) during this period, and who have been diagnosed with any of eight associated diseases, are presumed to have a service-connected disability for purposes of entitlement to VA benefits. In addition, VA proposes to establish a presumption that these individuals were disabled during the relevant period of service, thus establishing active military service for benefit purposes. Under this proposed presumption, affected former reservists and National Guard members would have veteran status for purposes of entitlement to some VA benefits. This proposed amendment would implement a decision by the Secretary of Veterans Affairs that service connection on a presumptive basis is warranted for claimants who served at Camp Lejeune during the relevant period and for the requisite amount of time and later develop certain diseases. The Secretary's decision is supported by the conclusions of internationally recognized scientific authorities that strong evidence exists establishing a relationship between exposure to certain volatile organic compounds (VOCs) that were in the water at Camp Lejeune and later development of certain disabilities.

2016-04-20; vol. 81 # 76 - Wednesday, April 20, 2016

81 FR 23228 - Extra-Schedular Evaluations for Individual Disabilities

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Additional Documents

type	regulations.gov
FR Doc.	2016-08937
RIN	2900-AP48

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

Comments must be received on or before June 20, 2016.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) proposes to amend its adjudication regulation pertaining to extra-schedular consideration of a service-connected disability in exceptional compensation cases. In a recent decision, the United States Court of Appeals for the Federal Circuit (Federal Circuit) held that VA's regulation, as written, requires VA to consider the combined effect of two or more service-connected disabilities when determining whether to refer a disability evaluation for extra-schedular consideration. VA, however, has long interpreted its regulation to provide an extra-schedular evaluation for a single disability, not the combined effect of two or more disabilities. This proposed amendment will clarify VA's regulation pertaining to exceptional compensation claims such that an extra-schedular evaluation is available only for an individual service-connected disability but not for the combined effect of more than one service-connected disability.

2016-01-13; vol. 81 # 8 - Wednesday, January 13, 2016

81 FR 1512 - Automobile or Other Conveyance and Adaptive Equipment Certificate of Eligibility for Veterans or Members of the Armed Forces With Amyotrophic Lateral Sclerosis Connected to Military Service

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2016-00490
RIN	2900-AP26

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This final rule is effective January 13, 2016. Applicability Date: The provisions of this regulatory amendment apply to all applications for a certificate of eligibility for an automobile or other conveyance and adaptive equipment allowance pending before VA on or received after February 25, 2015.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) published an Interim Final Rule on February 25, 2015, to amend its adjudication regulations to provide a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment for all veterans with service-connected amyotrophic lateral sclerosis (ALS) and servicemembers serving on active duty with ALS. The amendment authorized automatic issuance of a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment to all veterans with service-connected ALS and members of the Armed Forces serving on active duty with ALS. The intent of this final rule is to confirm the amendment made by the interim final rule without change.

2015-08-13; vol. 80 # 156 - Thursday, August 13, 2015

80 FR 48450 - Additional Compensation on Account of Children Adopted Out of Veteran's Family

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Additional Documents

type	regulations.gov
FR Doc.	2015-19949
RIN	2900-AP18

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

This rule is effective September 14, 2015.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) is amending its adjudication regulations to clarify that a veteran will not receive the dependent rate of disability compensation for a child who is adopted out of the veteran's family. This action is necessary because applicable VA adjudication regulations are currently construed as permitting a veteran, whose former child was adopted out of the veteran's family, to receive the dependent rate of disability compensation for the adopted-out child, which constitutes an unwarranted award of benefits not supported by the applicable statute and legislative history. This document adopts as a final rule, without change, the proposed rule published in the Federal Register on December 2, 2014.

2015-06-19; vol. 80 # 118 - Friday, June 19, 2015

80 FR 35246 - Presumption of Herbicide Exposure and Presumption of Disability During Service for Reservists Presumed Exposed to Herbicide

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2015-14995
RIN	2900-AP43

DEPARTMENT OF VETERANS AFFAIRS

Interim final rule.

Effective Date: This interim final rule is effective on June 19, 2015. Applicability Dates: This interim final rule is applicable to any claim for service connection for an Agent Orange presumptive condition filed by a covered individual that is pending on or after June 19, 2015. Comment date: Comments must be received on or before August 18, 2015.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) is amending its regulation governing individuals presumed to have been exposed to certain herbicides. Specifically, VA is expanding the regulation to include an additional group consisting of individuals who performed service in the Air Force or Air Force Reserve under circumstances in which they had regular and repeated contact with C-123 aircraft known to have been used to spray an herbicide agent (“Agent Orange”) during the Vietnam era. In addition, the regulation will establish a presumption that members of this group who later develop an Agent Orange presumptive condition were disabled during the relevant period of service, thus establishing that this service constituted “active, naval, military or air service.” The effect of this action is to presume herbicide exposure for these individuals and to allow individuals who were exposed to herbicides during reserve service to establish veteran status for VA purposes and eligibility for some VA benefits. The need for this action results from a recent decision by the Secretary of Veterans Affairs to acknowledge that individuals who had regular and repeated exposure to C-123 aircraft that the United States Air Force used to spray the herbicides in Vietnam during Operation Ranch Hand were exposed to Agent Orange.

2015-04-03; vol. 80 # 64 - Friday, April 3, 2015

80 FR 18116 - Technical Corrections

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Additional Documents

type	regulations.gov
FR Doc.	2015-07540
RIN	2900-AP33

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

This rule is effective April 3, 2015.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) amends its regulations to remove out-of-date legal citations and add the correct authority. This rulemaking contains only nonsubstantive, technical changes.

2015-03-19; vol. 80 # 53 - Thursday, March 19, 2015

80 FR 14308 - Schedule for Rating Disabilities—Mental Disorders and Definition of Psychosis for Certain VA Purposes

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Additional Documents

type	regulations.gov
FR Doc.	2015-06212
RIN	2900-AO96

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This rule is effective on March 19, 2015. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of March 19, 2015. Applicability Date: The provisions of this final rule shall apply to all applications for benefits that are received by VA or that are pending before the agency of original jurisdiction on or after August 4, 2014. The Secretary does not intend for the provisions of this final rule to apply to claims that were pending before the Board of Veterans' Appeals ( i.e., certified for appeal to the Board of Veterans' Appeals on or before August 4, 2014), the United States Court of Appeals for Veterans Claims, or the United States Court of Appeals for the Federal Circuit on August 4, 2014, even if such claims are subsequently remanded to the agency of original jurisdiction.

38 CFR Parts 3 and 4

Summary

The Department of Veterans Affairs (VA) adopts as final, without change, an interim final rule amending its Schedule for Rating Disabilities (VASRD) dealing with mental disorders and its adjudication regulations that define the term “psychosis.” Outdated references are replaced with references to the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5). Nomenclature used to refer to certain mental disorders is amended to conform to DSM-5. This rule also provides clarification of the applicability date.

2015-02-25; vol. 80 # 37 - Wednesday, February 25, 2015

80 FR 10001 - Automobile or Other Conveyance and Adaptive Equipment Certificate of Eligibility for Veterans or Members of the Armed Forces With Amyotrophic Lateral Sclerosis

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2015-03889
RIN	2900-AP26

DEPARTMENT OF VETERANS AFFAIRS

Interim final rule.

Effective Date: This interim final rule is effective February 25, 2015. Comment Date: Comments must be received by VA on or before April 27, 2015. Applicability Date: The provisions of this regulatory amendment apply to all applications for a certificate of eligibility for an automobile or other conveyance and adaptive equipment allowance pending before VA on or received after February 25, 2015.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) is amending its adjudication regulation regarding certificates of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment. The amendment authorizes automatic issuance of a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment to all veterans with service-connected amyotrophic lateral sclerosis (ALS) and members of the Armed Forces serving on active duty with ALS.

2015-01-23; vol. 80 # 15 - Friday, January 23, 2015

80 FR 3840 - Net Worth, Asset Transfers, and Income Exclusions for Needs-Based Benefits

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Additional Documents

type	regulations.gov
FR Doc.	2015-00297
RIN	2900-AO73

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

VA must receive comments on or before March 24, 2015.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) proposes to amend its regulations governing entitlement to VA pension to maintain the integrity of the pension program and to implement recent statutory changes. The proposed regulations would establish new requirements pertaining to the evaluation of net worth and asset transfers for pension purposes and would identify those medical expenses that may be deducted from countable income for VA's needs-based benefit programs. The intended effect of these changes is to respond to recent recommendations made by the Government Accountability Office (GAO), to maintain the integrity of VA's needs-based benefit programs, and to clarify and address issues necessary for the consistent adjudication of pension and parents' dependency and indemnity compensation claims. We also propose to implement statutory changes pertaining to certain pension beneficiaries who receive Medicaid-covered nursing home care, as well as a statutory income exclusion for certain disabled veterans and a non-statutory income exclusion pertaining to annuities.

2014-12-02; vol. 79 # 231 - Tuesday, December 2, 2014

79 FR 71366 - Additional Compensation on Account of Children Adopted Out of Veteran's Family

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2014-28374
RIN	2900-AP18

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

Comments must be received on or before February 2, 2015.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) proposes to amend its adjudication regulations to clarify that a veteran will not receive the dependent rate of disability compensation for a child who is adopted out of the veteran's family. This action is necessary because applicable VA adjudication regulations are currently construed as permitting a veteran, whose former child was adopted out of the veteran's family, to receive the dependent rate of disability compensation for the adopted-out child, which constitutes an unwarranted award of benefits not supported by the applicable statute and legislative history.

2014-09-25; vol. 79 # 186 - Thursday, September 25, 2014

79 FR 57660 - Standard Claims and Appeals Forms

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2014-22633
RIN	2900-AO81

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This final rule is effective March 24, 2015.

38 CFR Parts 3, 19, and 20

Summary

The Department of Veterans Affairs (VA) amends its adjudication regulations and the appeals regulations and rules of practice of the Board of Veterans' Appeals (Board) to require that all claims governed by VA's adjudication regulations be filed on standard forms prescribed by the Secretary, regardless of the type of claim or posture in which the claim arises. This rulemaking also eliminates the constructive receipt of VA reports of hospitalization or examination and other medical records as informal claims for increase or to reopen while retaining the retroactive effective date assignment for awards for claims for increase which are filed on a standard form within 1 year of such hospitalization, examination, or treatment. This final rule also implements the concept of an intent to file a claim for benefits, which operates similarly to the current informal claim process, but requires that the submission establishing a claimant's effective date of benefits must be received in one of three specified formats. Finally, these amendments will provide that VA will accept an expression of dissatisfaction or disagreement with an adjudicative determination by the agency of original jurisdiction(AOJ) as a Notice of Disagreement (NOD) only if it is submitted on a standardized form provided by VA for the purpose of appealing the decision, in cases where such a form is provided. Although a standardized NOD form will only initially be provided in connection with decisions on compensation claims, VA may require a standard NOD form for any type of claim for VA benefits if, in the future, it develops and provides a standardized NOD form for a particular benefit. The purpose of these amendments is to improve the quality and timeliness of the processing of veterans' claims for benefits by standardizing the claims and appeals processes through the use of forms.

2014-09-12; vol. 79 # 177 - Friday, September 12, 2014

79 FR 54608 - Special Home Adaptation Grants for Members of the Armed Forces and Veterans With Certain Vision Impairment

GPO FDSys XML | Text

Additional Documents

type	regulations.gov
FR Doc.	2014-21791
RIN	2900-AP12

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This final rule is effective September 12, 2014. Applicability Date: The provisions of this final rule apply to all applications for benefits that are received by VA on or after October 1, 2012, the statutory effective date of the amendment, or that are pending before VA, the United States Court of Appeals for Veterans Claims, or the United States Court of Appeals for the Federal Circuit on or after October 1, 2012.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) is issuing a final rule to amend its adjudication regulations regarding special home adaptation grants for members of the Armed Forces and veterans with certain vision impairment. This regulatory amendment is necessary to conform the regulations to changes mandated in the Honoring America's Veterans and Caring for Camp Lejeune Families Act of 2012.

2014-09-05; vol. 79 # 172 - Friday, September 5, 2014

79 FR 52977 - Substitution in Case of Death of Claimant

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Additional Documents

type	regulations.gov
FR Doc.	2014-21139
RIN	2900-AN91

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This final rule is effective October 6, 2014.

38 CFR Parts 3, 14, and 20

Summary

This document adopts as a final rule the Department of Veterans Affairs' (VA) proposal to amend its regulations on adjudication of VA benefit claims, representation of claimants, and the Board of Veterans' Appeals rules of practice. Specifically, these amendments implement section 212 of the Veterans' Benefits Improvement Act of 2008, which allows an eligible survivor to substitute for a deceased claimant in the decedent's pending claim or appeal of a decision on a claim. This final rule addresses eligibility for substitution and the procedures applicable to requests to substitute in a claim that is pending before a VA agency of original jurisdiction or an appeal that is pending before the Board of Veterans' Appeals.

2014-08-14; vol. 79 # 157 - Thursday, August 14, 2014

79 FR 47585 - Specially Adapted Housing Eligibility for Amyotrophic Lateral Sclerosis Beneficiaries

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type	regulations.gov
FR Doc.	2014-19240
RIN	2900-AO84

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective date: August 14, 2014. Applicability date: The provisions of this regulatory amendment apply to all applications for SAH pending before VA on or received after December 3, 2013.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) amended by interim final rule its adjudication regulation regarding specially adapted housing (SAH) to authorize automatic issuance of a certificate of eligibility for SAH to all veterans and active-duty servicemembers with service-connected amyotrophic lateral sclerosis (ALS) rated totally disabling under the VA Schedule for Rating Disabilities. This document adopts as a final rule, without change, the interim final rule published in the Federal Register on December 3, 2013.

2014-08-04; vol. 79 # 149 - Monday, August 4, 2014

79 FR 45093 - Schedule for Rating Disabilities—Mental Disorders and Definition of Psychosis for Certain VA Purposes

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type	regulations.gov
FR Doc.	2014-18150
RIN	2900-AO96

DEPARTMENT OF VETERANS AFFAIRS

Interim final rule.

Effective Date: This interim final rule is effective August 4, 2014. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of August 4, 2014. Comment Date: Comments must be received on or before October 3, 2014. Applicability Date: The provisions of this interim final rule shall apply to all applications for benefits that are received by VA or that are pending before the agency of original jurisdiction on or after the effective date of this interim final rule. The Secretary does not intend for the provisions of this interim final rule to apply to claims that have been certified for appeal to the Board of Veterans' Appeals or are pending before the Board of Veterans' Appeals, the United States Court of Appeals for Veterans Claims, or the United States Court of Appeals for the Federal Circuit.

38 CFR Parts 3 and 4

Summary

The Department of Veterans Affairs (VA) is amending the portion of its Schedule for Rating Disabilities (VASRD) dealing with mental disorders and its adjudication regulations that define the term “psychosis.” The VASRD refers to the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition (DSM-IV), and VA's adjudication regulations refer to the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition Text Revision (DSM-IV-TR). DSM-IV and DSM-IV-TR were recently updated by issuance of the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition (DSM-5). This rulemaking will remove outdated DSM references by deleting references to DSM-IV and DSM-IV-TR and replacing them with references to DSM-5. Additionally, this rulemaking will update the nomenclature used to refer to certain mental disorders to conform to DSM-5.

2014-06-06; vol. 79 # 109 - Friday, June 6, 2014

79 FR 32653 - Burial Benefits

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type	regulations.gov
FR Doc.	2014-13230
RIN	2900-A082

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: The final rule is effective July 7, 2014. Applicability Date: This final rule applies to claims for burial benefits pending on or after July 7, 2014.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) is amending its regulations governing entitlement to monetary burial benefits, which include burial allowances for service-connected and non-service-connected deaths, a plot or interment allowance, and reimbursement of transportation expenses. As amended, the regulations establish rules to support VA's automated payment of burial allowances to surviving spouses, conversion to flat-rate burial and plot or interment allowances that are equal to the maximum benefit authorized by law, and priority of payment to non-spouse survivors. The purpose of these regulations is to streamline the program and make it easier for veterans and their families to receive the right benefits and meet their expectations for quality, timeliness, and responsiveness.

2014-01-13; vol. 79 # 8 - Monday, January 13, 2014

79 FR 2099 - VA Compensation Service and Pension and Fiduciary Service Nomenclature Changes

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type	regulations.gov
FR Doc.	2014-00390
RIN	2900-AO64

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

These amendments are effective January 13, 2014.

38 CFR Parts 3, 4, and 60

Summary

This document amends the Department of Veterans Affairs (VA) regulations by making nonsubstantive changes to reflect new titles of certain VA offices.

2014-01-03; vol. 79 # 2 - Friday, January 3, 2014

79 FR 430 - Fiduciary Activities

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type	regulations.gov
FR Doc.	2013-29970
RIN	2900-AO53

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

Comments must be received by VA on or before March 4, 2014.

38 CFR Parts 3 and 13

Summary

The Department of Veterans Affairs (VA) proposes to amend its fiduciary program regulations, which govern the oversight of beneficiaries who, because of injury, disease, the infirmities of advanced age, or minority, are unable to manage their VA benefits, and the appointment and oversight of fiduciaries for these vulnerable beneficiaries. The proposed amendments would update and reorganize regulations consistent with current law, VA policies and procedures, and VA's reorganization of its fiduciary activities. They would also clarify the rights of beneficiaries in the program and the roles of VA and fiduciaries in ensuring that VA benefits are managed in the best interest of beneficiaries and their dependents.

2013-12-18; vol. 78 # 243 - Wednesday, December 18, 2013

78 FR 76574 - Burial Benefits

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type	regulations.gov
FR Doc.	2013-29142
RIN	2900-A082

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

VA must receive comments on or before January 17, 2014.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) proposes to clarify, reorganize, and rewrite in plain language its regulations that govern entitlement to monetary burial benefits, which include burial allowances for service-connected and non-service-connected deaths, a plot or interment allowance, and reimbursement of transportation expenses. The amendments would also establish rules to support VA's automated payment of burial allowances to surviving spouses, conversion to flat-rate burial and plot or interment allowances that are equal to the maximum benefit authorized by law, and priority of payment to non-spouse survivors.

2013-12-17; vol. 78 # 242 - Tuesday, December 17, 2013

78 FR 76196 - Secondary Service Connection for Diagnosable Illnesses Associated With Traumatic Brain Injury

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type	regulations.gov
FR Doc.	2013-29911
RIN	2900-AN89

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This rule is effective January 16, 2014.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) amends its adjudication regulations concerning service connection. This final rule acts 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. This amendment establishes 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.

2013-12-03; vol. 78 # 232 - Tuesday, December 3, 2013

78 FR 72573 - Specially Adapted Housing Eligibility for Amyotrophic Lateral Sclerosis Beneficiaries

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type	regulations.gov
FR Doc.	2013-28831
RIN	2900-AO84

DEPARTMENT OF VETERANS AFFAIRS

Interim final rule.

Effective Date: This interim final rule is effective December 3, 2013. Comment Date: Comments must be received by VA on or before February 3, 2014. Applicability Date: The provisions of this regulatory amendment apply to all applications for SAH pending before VA on or received after December 3, 2013.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) is amending its adjudication regulation regarding specially adapted housing (SAH). The amendment authorizes automatic issuance of a certificate of eligibility for SAH to all veterans and active servicemembers with service-connected amyotrophic lateral sclerosis (ALS) rated totally disabling under the VA Schedule for Rating Disabilities. The intent and effect of this amendment are to establish eligibility for SAH for all persons who have service-connected ALS. VA previously amended its Schedule for Rating Disabilities to assign a 100-percent disability evaluation for any veteran who has service-connected ALS based on the recognition that ALS is a rapidly progressive, totally debilitating, and irreversible motor neuron disease that results in muscle weakness leading to a wide range of serious disabilities, including problems with mobility. Because individuals with ALS quickly reach a level of total disability, the change was designed to eliminate the need to repeatedly reevaluate veterans suffering from ALS over a short period of time as symptoms worsen. Based on that same rationale, this amendment addresses the corresponding eligibility for SAH benefits for veterans and servicemembers with service-connected ALS. The overall SAH grant approval and oversight process is complex and lengthy, with many parts beyond VA's control. This rulemaking streamlines one aspect of the process within VA's control, by establishing SAH eligibility for all veterans or servicemembers with service-connected, totally disabling ALS. By shortening the first stage of the SAH process, this regulatory change will assist veterans and servicemembers suffering from ALS in adapting their homes before their condition becomes too debilitating. It will also lengthen the period during which ALS-afflicted veterans and servicemembers will be able to utilize the core SAH benefits. VA also makes non-substantive technical amendments for clarity.

2013-11-27; vol. 78 # 229 - Wednesday, November 27, 2013

78 FR 71042 - VA Compensation and Pension Regulation Rewrite Project

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type	regulations.gov
FR Doc.	2013-23895
RIN	2900-AO13

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

Comments must be received by VA on or before March 27, 2014.

38 CFR Parts 3 and 5

Summary

The Department of Veterans Affairs (VA) proposes to reorganize and rewrite its compensation and pension regulations in a logical, claimant-focused, and user-friendly format. The intended effect of the proposed revisions is to assist claimants, beneficiaries, veterans' representatives, and VA personnel in locating and understanding these regulations.

2013-10-31; vol. 78 # 211 - Thursday, October 31, 2013

78 FR 65490 - Standard Claims and Appeals Forms

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type	regulations.gov
FR Doc.	2013-25968
RIN	2900-AO81

DEPARTMENT OF VETERANS AFFAIRS

Proposed rule.

Comments must be received by VA on or before December 30, 2013.

38 CFR Parts 3, 19, and 20

Summary

The Department of Veterans Affairs (VA) is proposing to amend its adjudication regulations and the appeals regulations and rules of practice of the Board of Veterans' Appeals (Board). There are two major components of these proposed changes. The first is to require all claims to be filed on standard forms prescribed by the Secretary, regardless of the type of claim or posture in which the claim arises. The second is to provide that VA would accept an expression of dissatisfaction or disagreement with an adjudicative determination by the agency of original jurisdiction (AOJ) as a Notice of Disagreement (NOD) only if it is submitted on a standardized form provided by VA for the purpose of appealing the decision, in cases where such a form is provided. The purpose of these amendments is to improve the quality and timeliness of the processing of veterans' claims for benefits.

2013-09-19; vol. 78 # 182 - Thursday, September 19, 2013

78 FR 57486 - 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

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Additional Documents

type	regulations.gov
FR Doc.	2013-22764
RIN	2900-AO31

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This rule is effective October 21, 2013. Applicability Date: This final rule shall apply to claims for benefits under 38 U.S.C. 3901 and 3902 received by VA on or after October 1, 2011, and to any such claims pending before VA on that date.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) adopts as a final rule its proposal to amend its adjudication regulation concerning a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment, which was published in the Federal Register on November 5, 2012, and republished for minor technical corrections on November 26, 2012. The amendment is necessary to incorporate statutory changes made by the Veterans' Benefits Act of 2010.

2013-09-06; vol. 78 # 173 - Friday, September 6, 2013

78 FR 54763 - Disease Associated With Exposure to Certain Herbicide Agents: Peripheral Neuropathy

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type	regulations.gov
FR Doc.	2013-21674
RIN	2900-AO32

DEPARTMENT OF VETERANS AFFAIRS

Final rule.

Effective Date: This rule is effective September 6, 2013. Applicability Date: This final rule shall apply to claims received by VA on or after September 6, 2013 and to claims pending before VA on that date. Additionally, VA will apply this rule in readjudicating certain previously denied claims as required by court orders in Nehmer v. Department of Veterans Affairs.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) adopts as a final rule its proposal to amend its adjudication regulations by clarifying and expanding the terminology regarding presumptive service connection for acute and subacute peripheral neuropathy associated with exposure to certain herbicide agents. This amendment implements a decision by the Secretary of Veterans Affairs based on findings from the National Academy of Sciences (NAS) Institute of Medicine report, Veterans and Agent Orange: Update 2010. It also amends VA's regulation governing retroactive awards for certain diseases associated with herbicide exposure as required by court orders in the class action litigation of Nehmer v. U.S. Department of Veterans Affairs.

2013-05-15; vol. 78 # 94 - Wednesday, May 15, 2013
1. 78 FR 28547 - Secondary Service Connection for Diagnosable Illnesses Associated With Traumatic Brain Injury
  
  GPO FDSys XML | Text
  
  Additional Documents
  
  type regulations.gov
  
  FR Doc. C1-2012-29709
  
  RIN 2900-AN89
  
  DEPARTMENT OF VETERANS AFFAIRS
  
  38 CFR Part 3
  
  Summary

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

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

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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

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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

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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

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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

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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

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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

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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

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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.

2012-06-11; vol. 77 # 112 - Monday, June 11, 2012

77 FR 34218 - Clothing Allowance; Correction

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type	regulations.gov
FR Doc.	2012-14108
RIN	2900-AN64

DEPARTMENT OF VETERANS AFFAIRS

Final rule; correcting amendment.

This correction is effective June 11, 2012.

38 CFR Part 3

Summary

The Department of Veterans Affairs (VA) published a final rule on November 16, 2011, amending its adjudication regulations governing eligibility for clothing allowances. VA has since determined that certain language added to the final rule could be construed to impose a restriction that VA did not intend. This document corrects that error.

2012-04-27; vol. 77 # 82 - Friday, April 27, 2012

77 FR 25109 - Notice of Information and Evidence Necessary To Substantiate Claim

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type	regulations.gov
FR Doc.	2012-10259
RIN	2900-AN46

DEPARTMENT OF VETERANS AFFAIRS

Withdrawal of proposed rule.

The proposed rule is withdrawn as of April 27, 2012.

38 CFR Part 3

Summary

In a document published in the Federal Register on December 11, 2009, the Department of Veterans Affairs (VA) proposed to amend its regulations regarding VA's duty to notify a claimant of the information and evidence necessary to substantiate a claim. This document withdraws that proposed rule.

2012-04-18; vol. 77 # 75 - Wednesday, April 18, 2012

77 FR 23128 - Rules Governing Hearings Before the Agency of Original Jurisdiction and the Board of Veterans' Appeals; Repeal of Prior Rule Change

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type	regulations.gov
FR Doc.	2012-9295
RIN	2900-AO43

DEPARTMENT OF VETERANS AFFAIRS

Direct final rule.

This rule is effective June 18, 2012, without further notice, unless VA receives a significant adverse comment by May 18, 2012. If adverse comment is received, VA will publish a timely withdrawal of the rule in the Federal Register .

38 CFR Parts 3 and 20

Summary

The Department of Veterans Affairs (VA) is taking final action to amend 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). This action is being taken because of VA's decision that the prior amendment should have followed the notice-and-comment procedure of the Administrative Procedure Act (APA).

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

77 FR 4469 - Dental Conditions

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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.

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