38 CFR Part 3 — Adjudication
Subpart A — Pension, Compensation, and Dependency and Indemnity Compensation
- § 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, air, or space service.
- § 3.10— Dependency and indemnity compensation rate for a surviving spouse.
- § 3.11— Homicide.
- § 3.12— Benefit eligibility based on 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.
- § 3.20— 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.
- § 3.33— Reevaluation of Claims for Dependency and Indemnity Compensation Involving Presumptions of Service Connection Following Enactment of Public Law 117-168.
- § 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.
- § 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.
- § 3.57— Child.
- § 3.58— Child adopted out of family.
- § 3.59— Parent.
- § 3.60— Definition of “living with”.
- § 3.100— Delegations of authority.
- § 3.102— Reasonable doubt.
- § 3.103— Procedural due process and other rights.
- § 3.104— Binding nature 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.
- § 3.112— Fractions of one cent.
- § 3.114— Change of law or Department of Veterans Affairs issue.
- § 3.115— Access to financial records.
- § 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— How to file a claim.
- § 3.156— New evidence.
- § 3.158— Abandoned claims.
- § 3.159— Department of Veterans Affairs assistance in developing claims.
- § 3.160— Status of claims.
- § 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.
- § 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.
- § 3.256— Eligibility reporting requirements.
- § 3.257— Children; no surviving spouse entitled.
- § 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.
- § 3.271— Computation of income.
- § 3.272— Exclusions from income.
- § 3.273— Rate computation.
- § 3.274— Net worth and VA pension.
- § 3.275— How VA determines the asset amount for pension net worth determinations.
- § 3.276— Asset transfers and penalty periods.
- § 3.277— Eligibility reporting requirements.
- § 3.278— Deductible medical expenses.
- § 3.279— Statutory exclusions from income or assets (net worth or corpus of the estate).
- § 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.
- § 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, disease associated with exposure to certain herbicide agents, or disease associated with exposure to contaminants in the water supply at Camp Lejeune; 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 occurring in Persian Gulf veterans.
- § 3.318— Presumptive service connection for amyotrophic lateral sclerosis.
- § 3.320— Claims based on exposure to fine particulate matter.
- § 3.320a— Presumptive service connection for bladder, ureter, and related genitourinary cancers.
- § 3.320b— Presumptive service connection for leukemias, multiple myelomas, myelodysplastic syndromes, and myelofibrosis.
- § 3.321— General rating considerations.
- § 3.322— Rating of disabilities aggravated by service.
- § 3.323— Combined ratings.
- § 3.324— Multiple noncompensable service-connected disabilities.
- § 3.326— Examinations.
- § 3.327— Reexaminations.
- § 3.328— lndependent medical opinions.
- § 3.330— Resumption of rating when veteran subsequently reports for Department of Veterans Affairs examination.
- § 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.
- § 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.
- § 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.
- § 3.374— Effect of diagnosis of active tuberculosis.
- § 3.375— Determination of inactivity (complete arrest) in tuberculosis.
- § 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.
- § 3.383— Special consideration for paired organs and extremities.
- § 3.384— Psychosis.
- § 3.385— Disability due to impaired hearing.
- § 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.
- § 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.
- § 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.
- § 3.551— Reduction because of hospitalization.
- § 3.552— Adjustment of allowance for aid and attendance.
- § 3.556— Adjustment on discharge or release.
- § 3.558— Resumption and payment of withheld benefits; incompetents with estates that equaled or exceeded statutory limit.
- § 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.
- § 3.665— Incarcerated beneficiaries and fugitive felons—compensation.
- § 3.666— Incarcerated beneficiaries and fugitive felons—pension.
- § 3.667— School attendance.
- § 3.669— Forfeiture.
- § 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.
- § 3.707— 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.
- § 3.750— Entitlement to concurrent receipt of military retired pay and disability compensation.
- § 3.751— Statutory awards; retired service personnel.
- § 3.753— Public Health Service.
- § 3.754— Emergency officers' retirement pay.
- § 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 and adaptive equipment; certification.
- § 3.809— Specially adapted housing under 38 U.S.C. 2101(a)(2)(A)(i).
- § 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.
- § 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.
- § 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.
- § 3.957— Service connection.
- § 3.958— Federal employees' compensation cases.
- § 3.959— Tuberculosis.
- § 3.960— Section 306 and old-law pension protection.
- § 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.
- § 3.1007— Hospitalized incompetent veterans.
- § 3.1008— Accrued benefits payable to foreign beneficiaries.
- § 3.1009— Personal funds of patients.
- § 3.1010— Substitution under 38 U.S.C. 5121A following death of a claimant.
Subpart B — Burial Benefits
Subpart D — Universal Adjudication Rules That Apply to Benefit Claims Governed by Part 3 of This Title