Title 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
Chapter I--DEPARTMENT OF VETERANS AFFAIRS


Agency ethics officials. (a) Designated Agency Ethics Official (DAEO). The Assistant General Counsel (023) is the designated agency ethics official (DAEO) for...


For government-wide standards of ethical conduct and related responsibilities for Federal employees, see 5 CFR Part 735 and Chapter XVI. [61...


0.735-10 Cross-reference to employee ethical and other conduct standards and financial disclosure regulations. Source: 58 FR 61814, Nov....


0.735-11 Other conduct on the job. Relationship with beneficiaries and claimants. Employees are expected to be helpful to...


0.735-12 Standards of conduct in special areas. (a) Safety. (1) Employees will observe safety instructions, signs, and normal...


of the of the Department of Veterans Affairs, and prescribes the rules for their custody and use. (b) Definitions. (1) VA means all organizational units of the Department...


A veteran of any war, of Mexican border service, or of service after January 31, 1955, discharged or released from active duty under conditions other than dishonorable....


5912, a U.S. citizen employee of the Department of Veterans Affairs permanently stationed in a foreign country may be furnished, without cost to him or her, living...


evaluations will be conducted so as to determine each program's effectiveness in achieving its stated goals and in achieving such goals in relation to their cost. In addition,...


of scientific or medical studies relating to the adverse health effects of exposure to a herbicide containing 2, 3, 7, 8 tetrachlorodibenzo-p- dioxin (dioxin) and/or exposure...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.200] [Page 15] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Sec. 1.200 Purpose. This subpart establishes a duty upon and sets forth the mechanism for VA employees to report information about actual or possible criminal violations to appropriate law enforcement entities. (Authority: 5 U.S.C. App. 3, 38 U.S.C. 902) [68 FR 17550, Apr. 10, 2003] ...


VA programs, operations, facilities, contracts, or information technology systems shall immediately report such knowledge or information to their supervisor, any management official,...


or involving VA employees, where the violation of criminal law occurs on VA premises, will be reported by VA management officials to the VA police component...


Office of Inspector General, Office of Investigations. VA management officials with information about possible criminal matters involving felonies will ensure and be responsible...


VA for investigation of the offense in question, will be responsible for notifying the appropriate United States Attorney's Office, pursuant to 28 U.S.C. 535. (Authority:...


apply at all property under the charge and control of VA (and not under the charge and control of the General Services Administration) and to all persons entering in or on...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.300] [Page 20] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Sec. 1.300 Purpose. Sections 1.300 through 1.303 prescribe policies and procedures for establishing parking fees for the use of Department of Veterans Affairs controlled parking spaces at VA medical facilities. (Authority: 38 U.S.C. 501, 8109) [53 FR 25490, July 7, 1988] ...


means any individual to whom the Secretary is authorized to furnish medical examination or treatment. (c) Garage means a structure or part of a structure in which...


its territories and possessions, and the Commonwealth of Puerto Rico, and to such parking facilities for the use of VA medical facilities jointly shared by VA and another...


employees shall not be liable for any damages to vehicles (or their contents) parked in VA parking facilities, unless such damages are directly caused by such employees acting in...


The term ``alcohol abuse'' means the use of an alcoholic beverage which impairs the physical, mental, emotional, or social well-being of the user. [[Page 22]] ...


or not recorded, which: (i) Would identify a patient as an alcohol or drug abuser, an individual tested for or infected with the human immunodeficiency virus...


used only as permitted by these regulations and may not otherwise be disclosed or used in any civil, criminal, administrative, or legislative proceedings conducted by any...


of this part shall be fined not more than $5,000 in the case of a first offense, and not more than $20,000 for a subsequent offense. (Authority: 38...


attained the age of majority specified in the applicable State law, or if no age of majority is specified in the applicable State law, the age of eighteen years. (b) State...


capacity, for any reason other than insufficient age, to manage his or her own affairs, any consent which is required under Secs. 1.460 through 1.499 of this part may be given by...


file cabinet, safe or other similar container when not in use. Access to information stored in computers will be limited to authorized VA employees who have a need for...


from the facility premises any card or other object which would identify the patient as a participant in any [[Page 28]] VA drug abuse, alcoholism or alcohol abuse,...


There may be concurrent coverage of patient identifying information by the provisions of Secs. 1.460 through 1.499 of this part and by administrative action taken under...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.469] [Page 28] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Secs. 1.470-1.474 [Reserved] Disclosures With Patient's Consent ...


(1) The name of the facility permitted to make the disclosure (such a [[Page 29]] designation does not preclude the release of records from other VA health...


accompanied by a written statement similar to the following: This information has been disclosed to you from records protected by Federal confidentiality rules (38 CFR Part 1)....


facility may disclose those records in accordance with that consent to any individual or organization named in the consent, except that disclosures to central registries and in...


anemia or infection with the human immunodeficiency virus. (a) Definitions. For purposes of this section: (1) Central registry means an organization which...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.479] [Page 31] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Secs. 1.480-1.484 [Reserved] Disclosures Without Patient Consent ...


records covered by Secs. 1.460 through 1.499 of this part may be disclosed to medical personnel who have a need for information about a patient for the purpose of treating a...


any record which is maintained in connection with the performance of any program or activity relating to infection with the HIV, information may be disclosed to a Federal, State, or...


to paragraph (b) of this section, a physician or a professional counselor may disclose information or records indicating that a patient is infected with the HIV if the disclosure...


the following paragraphs, patient medical record information covered by Secs. 1.460 through 1.499 of this part may be disclosed for the purpose of conducting scientific research. ...


CFR 1.575-1.584, and the following paragraphs, patient medical records covered by Secs. 1.460 through 1.499 of this part may be disclosed outside VA for the purposes of conducting...


of a court of competent jurisdiction granted after application showing good cause therefore. In assessing good cause the court is statutorily required to weigh the public...


by a patient to a treatment program in the course of diagnosis, treatment, or referral for treatment only if: (1) The disclosure is necessary to protect against...


of this part may not authorize qualified personnel, who have received patient identifying information from VA without consent for the purpose of conducting research, audit...


patient records covered by Secs. 1.460 through 1.499 of this part for purposes other than criminal investigation or prosecution may be applied for by any person having a...


order authorizing the disclosure or use of patient records covered by Secs. 1.460 through 1.499 of this part to criminally investigate or prosecute a patient may be applied...


(1) An order authorizing the disclosure or use of patient records covered by Secs. 1.460 through 1.499 of this part to criminally or administratively investigate or prosecute...


1.527 concern the availability and release of information from files, records, reports, and other papers and documents in Department of Veterans Affairs custody pertaining...


pending or adjudicated, and the names and addresses of present or former personnel of the armed services, and their dependents, in the possession of the Department of...


reports to individuals or organizations when in the Secretary's or Deputy Secretary's judgment such release would serve a useful purpose. [32 FR 10848, July 25, 1967, as amended at...


pay, subsistence allowance, or educational assistance allowance of any beneficiary shall be made known to any person who applies for such information. [32...


be disclosed to a veteran or his or her duly authorized representative as to matters concerning himself or herself alone when such disclosure would not be injurious to the physical...


or other claimant, or the duly authorized representative of any of these persons as to matters concerning such person alone when such disclosure will not be injurious to...


far as may be apparent, to the interests of any living person or to the interests of the Government may be released by the Department of Veterans Affairs or in the case...


Insurance. (a) All records or documents required for official purposes by any department or other agency of the U.S. Government or any state unemployment...


in the Department of Veterans Affairs files as may be requested for official use. However, in any unusual case, the request will be presented to the Secretary, Deputy Secretary,...


convicted of, offenses other than those growing out of their relationship with the Department of Veterans Affairs and in which it is desired to disclose information from the files...


and facility heads are authorized to make disclosures to courts of competent jurisdiction of such files, records, reports, and other documents as are necessary and...


Copies of records from the files of the Department of Veterans Affairs will, in the event of litigation involving commercial insurance policies issued by an insurance company...


or instituted against the Government, or a prosecution against a claimant has been instituted or is being contemplated, the request of the claimant or his or her duly...


the Freedom of Information Act, 5 U.S.C. 552; the Privacy Act, 5 U.S.C. 552a; the confidentiality provisions of 38 U.S.C. 5701, and the provisions of 38 CFR 1.500-1.584. In addition,...


Service records. Information received by the Department of Veterans Affairs from the Departments of the Army, Navy, Air Force, and the Department of Transportation relative to the...


as a private patient from a private practitioner or in a medical center other than a Department of Veterans Affairs hospital, there may be disclosed to such...


information in the medical record as may be pertinent may be released. Generally, only information developed and documented by Department of Veterans Affairs...


medical center from the commanding officer of a State soldiers' home for information other than [[Page 46]] information relative to the character of the discharge from...


in connection with the burial of a deceased veteran, such as the name and address of the beneficiary of the veteran's Government insurance policy, name and address of the next...


Requests from educational institutions and agencies cooperating with the Department of Veterans Affairs in the vocational rehabilitation and education of veterans for the use...


to persons who desire such information for debt collection, canvassing, harassing or for propaganda purposes. (b) The address of a Department of Veterans Affairs claimant...


and their dependents from the Department of Veterans Affairs must make written application to the Department of Veterans Affairs Controller, except lists of...


the veteran have been willing to reveal these data only on the promise that they will be held in complete confidence. There will be avoided direct, ill-considered references which...


the veteran's claims folder without special provisions. Such information will be deemed privileged and may not be released by the Department of Veterans Affairs except that...


the question when disclosure of information from the files, records, and reports will be prejudicial to the mental or physical health of the claimant, beneficiary, or other person in...


act for him or her, (b) An attorney who has filed the declaration required by Sec. 14.629(b)(1) of this chapter, or (c) His or her legally constituted fiduciary, if...


accredited representatives of recognized organizations (Sec. 14.627 of this chapter) holding appropriate power of attorney and recognized attorneys (Sec. 14.629(b) of this chapter)...


which is subject to be furnished under Secs. 1.501 through 1.526, must make written application for such copy to the Department of Veterans Affairs...


of records within the purview of Secs. 1.501 through 1.526, appeal such denial. Such appeal, stating the circumstances of the denial, should be addressed, as appropriate, to the...


This includes the release of information which the Department of Veterans Affairs is authorized to withhold under 5 U.S.C. 552(b) (see Sec. 1.554) if it is determined: (a) By...


in such actions as entertained by the Contract Appeals Board, those statements of policy and interpretations adopted by the Department of Veterans Affairs but not published in...


this part, unless otherwise provided for in title 38, Code of Federal Regulations, all requests for records shall be processed under paragraph (b) of this section, as well as under...


1.552 or Sec. 1.553 is received it will be promptly referred for action to the proper employee designated in accordance with Sec. 1.556 to take initial action on granting...


categories of information in Department of Veterans Affairs records except that any reasonably segregable portion of a record shall be provided to any person requesting...


of Veterans Affairs (VA) may acquire records which contain confidential commercial information, as defined in paragraph (b) of this section. Such records will not be released...


a request from or on behalf of one who seeks information for a use or purpose that furthers the commercial, trade or profit interests of the requester or the person on whose behalf...


will be responsible for initial action on (granting or denying) requests to inspect or obtain information from or copies of records under their jurisdiction and within the purview...


1.584 concern the safeguarding of individual privacy from the misuse of information from files, records, reports, and other papers and documents in Department of Veterans...


safeguard an individual against an invasion of personal privacy. Except as otherwise provided by law or regulation its officials and employees will: [[Page 66]] ...


or to any information pertaining to him or her which is contained in any system of records maintained by the Department of Veterans Affairs. The individual will be permitted, and...


later than 10 days (excluding Saturdays, Sundays, and legal public holidays) after the date or receipt of such request, the Department of Veterans Affairs will acknowledge in...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.582] [Page 77] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Secs. 1.583-1.584 [Reserved] National Cemeteries Authority: Sections 1.601 to 1.633 issued under 38 U.S.C. 501, 2306, chapter 24. Source: 43 FR 26571, June 21, 1978, unless otherwise noted. ...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.582] [Page 77] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Secs. 1.583-1.584 [Reserved] National Cemeteries Authority: Sections 1.601 to 1.633 issued under 38 U.S.C. 501, 2306, chapter 24. Source: 43 FR 26571, June 21, 1978, unless otherwise noted. ...


general or other official with statewide responsibility for law enforcement or penal functions. Clear and convincing evidence means that degree of proof which produces in...


(a) The Under Secretary for Memorial Affairs will schedule the frequency of meetings, make presentations before the Committee, participate when requested by the...


Memorial Affairs, is responsible for naming activities and features therein, such as drives, walks, or special structures. (b) Basis for names. The names of national...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.603] [Page 78] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Secs. 1.604-1.616 [Reserved] ...


interment in a national cemetery under the control of the National Cemetery Administration of the remains, or the memorialization, of any of the following persons is prohibited: ...


(a) Inquiry. With respect to a request for interment or memorialization, if a cemetery director has reason to believe that a deceased individual who is otherwise eligible for interment...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.621] [Page 82] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Secs. 1.622-1.628 [Reserved] ...


this section, an outer burial receptacle means a graveliner, burial vault, or other similar type of container for a casket. (b) Purpose. This section provides for payment of...


Secretary. (b) Inscriptions on Government headstones, markers, and private monuments will be in accordance with policies and specifications of the Under Secretary for...


known and unknown dead who perished in a common military event. (2) Memorial Monument--a monument commemorating veterans, whose remains have not been recovered or...


the United States Government and of Department of Veterans Affairs employees who make inventions. [21 FR 10377, Dec. 28, 1956, as amended at 61 FR 29658, June...


follows: [[Page 85]] (a) The term invention includes any art, machine, manufacture, design, or composition of matter, or any new and useful improvement thereof, or...


of the employee-inventor in and to any invention subject to these provisions shall be in accordance with the Uniform Patent Policy regulations found at 37 CFR 501.6 and 501.7. ...


act for the Secretary of Veterans Affairs in matters concerning patents and inventions, unless otherwise required by law. The determination of rights to an invention as...


application for a domestic patent and other necessary documents executed by the employee inventor prepared by or through the General Counsel, Deputy General Counsel or Assistant...


to full ownership under 37 CFR 501.6, subject to a nonexclusive, irrevocable, royalty-free license in the Government with power to grant sublicenses for all Governmental...


submission to his or her immediate superior. It will be [[Page 86]] submitted regardless of where the ownership is believed to exist. The statement will consist of...


a determination of rights subject to review where required by the Secretary of Commerce. The determination will be in accordance with 37 CFR 501.7. [61 FR 29658, June 12, 1996,...


the Department's determination of ownership rights. The decision reached by the Secretary of Commerce will be communicated to the employee. [61 FR 29658, June...


Affairs are not affected by the submission or proposed submission of an employee suggestion or idea on an item which may be patentable. Consideration of an item for...


filing of a patent application. Hence, submissions involving inventions should be made as promptly as possible in order to avoid delay which might jeopardize title to the...


access to such information are forbidden to disclose or reveal the same except as required in the performance of their official duties. [21 FR 10378, Dec. 28,...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.662] [Page 87] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Sec. 1.662 Provisions of regulations made a condition of employment. The provisions of the regulations concerning inventions by employees of the Department of Veterans Affairs shall be a condition of employment of all employees. [21 FR 10378, Dec. 28, 1956. Redesignated at 61 FR 29659, June 12, 1996] ...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.663] [Page 87] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Secs. 1.664-1.666 [Reserved] Administrative Control of Funds Source: 48 FR 30622, July 5, 1983, unless otherwise noted. ...


Veterans Affairs to accomplish the following purposes: (a) Establish an administrative subdivision of controls to restrict obligations and expenditures against...


of funds. An administrative subdivision of funds is any administrative subdivision of an appropriation or fund which makes funds available in a specified amount for...


the Director, Office of Budget and Finance. The sum of such allotments shall not be in excess of the amount indicated in the apportionment or reapportionment document. ...


in the circumstances described in paragraph (b) of this section, the following factors will be considered in determining which official, or officials, are responsible for...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.700] [Page 89] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Sec. 1.700 Purpose. Sections 1.700 through 1.705 of this title provide a Missing Children Official Mail Program in the Department of Veterans Affairs. (Authority: 39 U.S.C. 3220(a)(2), 5 U.S.C. 301) [60 FR 48387, Sept. 19, 1995] ...


Mail Program is: Mrs. Roslynd R. Stewart, Information Management Service (045A4), Office of Policy and Program Assistance, Office of Information Resources Management, Office...


children by maximizing the economical use of missing children information in domestic official mail and publications directed to members of the public and Department of...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.703] [Page 89-90] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Sec. 1.703 Percentage estimate. It is the Department of Veterans Affairs objective that 20 percent of its first class official mail addressed to the [[Page 90]] public contain missing children photographs and information. (Authority: 39 U.S.C. 3220(a)(2), 5 U.S.C. 301) [60 FR 48388, Sept. 19, 1995] ...


under laws administered by the Department of Veterans Affairs shall be directed to the address specified by the claimant. The Department of Veterans Affairs will honor for...


1.783 as the Board) shall consider and determine appeals from decisions of contracting officers pursuant to the Contract Disputes Act of 1978 (41 U.S.C. 601-613)...


duly licensed by any State, commonwealth, territory, or the District of Columbia. In general, the appeals are assigned to a panel of at least 3 members who decide the case by a...


in compliance with the guidelines issued by the Office of Federal Procurement Policy under the provisions of the Contract Disputes Act of 1978 (41 U.S.C. 601, 607(h)). There is...


in compliance with the guidelines issued by the Office of Federal Procurement Policy under the provisions of the Contract Disputes Act of 1978 (41 U.S.C. 601, 607(h)). There is...
...


requirements of a standard workweek. Permanent part-time employment also provides benefits to other individuals in a variety of ways, such as providing older individuals with a...


converting them to part-time. Among the criteria which may be used when conducting this review are: (a) Mission requirements. (b) Workload. (c) Employment ceilings...


from full-time or initially established as part-time positions. Criteria listed in Sec. 1.892 may be used during these reviews. If a decision is made to convert to or...


will establish annual goals and set interim and final deadlines for achieving these goals. This plan will be applicable throughout the agency, but may be supplemented by...


part-time employment. This program will also be designated an item of special interest to be reviewed during personnel management reviews. (Authority: 5 U.S.C. 3402) [61...


means, such as: (a) Federal Job Information Centers. (b) State Employment offices. (c) VA Recruiting Bulletins. (Authority: 5...


the mission of the Department. (Authority: 5 U.S.C. 3402) Standards for Collection, Compromise, Suspension or Termination of Collection Effort, and Referral of Civil...


Collection Act (Pub. L. 89-508 and 97- 365) and the joint regulations thereunder of the Comptroller General of the United States and the Attorney General of the United States,...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.901] [Page 102] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Sec. 1.901 Omissions not a defense. The standards set forth in Secs. 1.900 through 1.954 shall apply to VA handling of civil claims for money and property but the failure of the agency to comply with any provision of the standards shall not be available as a defense for any debtor. [52 FR 42105, Nov. 3, 1987] ...


as to which there is an indication of fraud, the presentation of a false claim, or misrepresentation on the part of the debtor or any other party having an interest in the claim,...


settlement, waiver, or compromise of claims under statutes other than the Federal Claims Collection Act. See, e.g. 38 U.S.C. 3720(a)(4) and (5) and 5302(a) and 42 U.S.C....


the Government and the circumstances in which the Department of Veterans Affairs may dispose of claims for less than the full amount. In addition, the Department of Veterans Affairs...


A debtor's liability arising from a particular transaction or contract shall be considered as a single claim in determining whether the claim is one of less than...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.906] [Page 103] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Sec. 1.906 Required administrative proceedings. Nothing contained in Secs. 1.900 through 1.954 is intended to foreclose the right of any debtor to appeal or administrative hearing provided by statute, contract, or applicable Department of Veterans Affairs Regulation. ...


any amount of money or property which has been determined by an appropriate official of VA to be owed to the United States by any person, organization or entity, except another...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.910] [Page 103] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Sec. 1.910 Aggressive collection action. The Department of Veterans Affairs will take aggressive action, on a timely basis with effective followup, to collect all claims for money or property arising from its activities. ...


from an individual's participation in a benefits program administered by the Department of Veterans Affairs. It does not apply to the Department's other claims...


debts by administrative offset from any payments made by VA to an individual indebted to VA. This section does not pertain to offset from either current salary or from...


offset against any current or future VA benefit payments to the debtor. Unless paragraphs (c) or (d) of this section apply, offset shall commence promptly after notification to...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.913] [Page 106] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Sec. 1.913 Personal interview with debtor. The Department of Veterans Affairs will, to the extent feasible, undertake personal interviews whenever requested by debtors and in other cases having regard for the amounts involved and the proximity of agency representatives to the debtors. [[Page 107]] ...


or is a member of the Military establishment or the Coast Guard and collection by offset cannot be accomplished in accordance with 5 U.S.C. 5514, the Department of...


Veterans Affairs programs will include notification that failure to pay their debts within a reasonable time may be cause for suspension or disqualification to the extent authorized...


of a power of sale in the security instrument or a non-judicial foreclosure if the debtor fails to pay his or her debt, within a reasonable time after demand, unless the cost...


administrative costs assessed under Sec. 1.919, shall be collected in full in one lump sum. Collection in one lump sum is applicable whether the debt is being collected...


the standards set forth in Secs. 1.930 through 1.938 in all cases in which it is ascertained that the debtor is financially unable to pay the full amount or in which the...


on all indebtedness to the United States arising as a result of participation in VA benefit programs which are being paid in installments, (2) Interest and administrative...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.920] [Page 109] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Sec. 1.920 Documentation of collection action. An appropriate file will be maintained for each claim completely documenting all Department of Veterans Affairs collection action and the basis for any compromise or for suspension or termination of collection action. [46 FR 62057, Dec. 22, 1981] ...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.921] [Page 109] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Sec. 1.921 Additional collection action. Nothing in Secs. 1.900 through 1.954 is intended to preclude the utilization of any other remedy available to the Department of Veterans Affairs. ...


to be necessary, including the name, address, Department of Veterans Affairs file number, Social Security number, and date of birth, to consumer reporting agencies for...


(1) The authority to resolve disputes, compromise claims, suspend or terminate collection and refer the matter for litigation shall be retained by VA; (2) The...


Secs. 1.900 through 1.954, VA may send a request to the Secretary of the Treasury, or his/her designee, in order to obtain the debtor's most current mailing address from the...


salary check, and lump sum leave payments. (a) Unless otherwise prohibited by law or regulation, VA may request that money which is due and payable to a debtor...


debt from any payment, except salary, (see paragraph (e) of this section), made by such agency to the person indebted to VA. (b) VA must certify in writing that...


collected. Data on costs and corresponding recovery rates for debts of different types and various dollar ranges should be used to compare the cost effectiveness of...


of 1954, as amended (26 U.S.C. 1 et seq.), the Social Security Act (42 U.S.C. 301 et seq.), or tariff laws of the United States. However, the remedies and procedures described in...


individual to reduce an indebtedness to the United States through offset of benefits to which the individual becomes entitled by performance of work-study services under 38 U.S.C....


with 31 U.S.C. 3711. VA may exercise such compromise authority where the claim owed to VA does not exceed $100,000 exclusive of interest and other late payment charges....


the debt because of: (1) The debtor's inability to pay the full amount of the debt within a reasonable amount of time; or (2) The refusal of the debtor to pay the claim in full...


in court for the full amount claimed either because of the legal issues involved or bona fide dispute as to the facts. The amount accepted in compromise will fairly reflect...


collection of the full amount. The amount accepted in compromise in such cases may reflect an appropriate discount for the administrative and litigative costs of...


may be compromised pursuant to Secs. 1.930 through 1.938. However, such additional costs on debts will be considered for compromise only in connection with compromise of...


such debtor until the other or others pay their proportionate shares. VA shall not attempt to allocate the burden of paying such claims as between the debtors, but shall proceed...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.936] [Page 117] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Sec. 1.936 Settlement for a combination of reasons. VA may compromise specific claims for any combination of reasons authorized by sections 1.930-1.938. (Authority: 31 U.S.C. 3711) [57 FR 47264, Oct. 15, 1992] [[Page 118]] ...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR1.937] [Page 118] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 1--GENERAL PROVISIONS--Table of Contents Sec. 1.937 Further review of compromise offers. VA may refer to the GAO or Department of Justice firm written offers, plus supporting data, from debtors when there is doubt whether the offers should be accepted. [52 FR 42110, Nov. 3, 1987] ...


negotiating a compromise with a business concern, consideration shall be given to requiring a waiver of the tax-loss-carry-forward and tax-loss-carry-back rights of the...


collection action pursuant to 31 U.S.C. 3711(a)(3) on claims which do not exceed $100,000, exclusive of interest and other late payment charges, after deducting the amount...


diligent effort and there is reason to believe that future collection action may be sufficiently productive to justify periodic review and action on the claim. The following...


cases previously suspended. The Department of Veterans Affairs may terminate collection activity and consider closing the agency file on a claim which meets any one of...


claim to the GAO for advice. When a significant enforcement policy is involved in reducing a statutory penalty or forfeiture to judgment, or recovery of a judgment is a prerequisite...


and which cannot be compromised, or on which collection action cannot be suspended or terminated, shall be promptly referred to the Department of Justice for litigation. Claims...


(CCLR) shall be used with all referrals of administratively uncollectible claims made pursuant to Sec. 1.950. As required by the CCLR, the following information shall...


Department of Justice for litigation. Under no circumstances should original documents be sent to the Department of Justice or to the U.S. Attorney without their specific prior...


applicable), and administrative costs, for litigation unless: (a) Referral is important to a significant enforcement policy, or (b) The debtor not only has the clear ability...


instructions, including monetary limitations, contained in the ``General Accounting Office Policy and Procedures Manual for the Guidance of Federal Agencies''. ...


seq. are issued to implement the authority for waiver consideration found in 38 U.S.C. 5302 and 5 U.S.C. 5584 and the compromise authority found 38 U.S.C. 3720(a) and 31...


applicable, to consider and determine as limited in Secs. 1.955 et seq., settlement, compromise and/or waiver concerning the following debts...


determine the following issues: (1) Waivers. A decision may be rendered to grant or deny waiver of collection of a debt in the following overpayment categories: (i)...


a part of an overpayment is subject to appeal. There is no right of appeal from a decision rejecting a compromise offer. (Authority: 38 U.S.C. 501) [44 FR 59906, Oct....


be responsible for maintaining needed records of the transactions of the Committee and preparation of any administrative or other reports which may be required. (Authority:...


Counsel for action in accordance with delegations of the General Counsel, unless there is an existence a General Counsel's opinion or an approved Regional Counsel's...


against any person obligated on a loan guaranteed, insured, or made by the Department of Veterans Affairs under the provisions of 38 U.S.C. ch. 37, or on an acquired loan,...


benefit program administered under any law by VA when it is determined by a regional office Committee on Waivers and Compromises that collection would be against equity and...


waived if there is no indication of fraud, misrepresentation, or bad faith on the part of the person or persons having an interest in obtaining the waiver and recovery of...


actions relating to erroneous payments to VA employees of pay and allowances and travel, transportation, and relocation expenses and allowances under 5 U.S.C. 5584 are set forth...


are determined to exist: (1) Following default there was a loss of the property which constituted security for the loan guaranteed, insured or made under chapter 37...


indicate a need for reasonableness and moderation in the exercise of the Government's rights. The decision reached should not be unduly favorable [[Page...


his/her representative. No expenses incurred by a claimant, his representative, or any witness incident to a hearing will be paid by the Department of Veterans Affairs. (b)...


programs administered by the Department of Veterans Affairs which has been recovered by the U.S. Government from the debtor may be considered for waiver, provided the...


fraud, a change in law or interpretation of law specifically stated in a Department of Veterans Affairs issue, or clear and unmistakable error shown by the evidence in file...


the standards in Secs. 1.900 through 1.937. In loan guaranty cases the offer of a veteran or other obligor to effect a compromise must relate to an indebtedness established after...


for the use of salary offset to satisfy certain debts owed to the government. (b) These regulations apply to offsets by VA from the salaries of current employees of VA or...


Rate Commission, and (2) A military department as defined in 5 U.S.C. 102. (3) An agency or court of the judicial branch, including a court as defined in 28 U.S.C. 610,...


laws administered by VA by salary offset unless the Secretary or designee provides the employee with written notice. (b) If the employee has not previously appealed the amount...


under the laws administered by VA, the Secretary or designee will review the records relating to the debt to assure that it is owed prior to providing the employee with...


or amount of the debt or on the proposed offset schedule must send such a request to the office which sent the notice of the debt. The employee must also specify whether an...


notify the employee of the form of the hearing to be provided. If the hearing will be oral, the notice shall set forth the date, time, and location for the hearing. If the...


accordance with the offset schedule, if the employee: (a) Fails to file a request for a hearing as prescribed in Sec. 1.982, Sec. 1.984, or Secs. 19.1 through 19.200, whichever...


the existence and amount of the debt unless determined to be erroneous by a preponderance of the evidence. (b) The hearing official or administrative law judge shall...


not later than 60 days after the employee files a request for the hearing. (b) Written decisions provided after a hearing requested under Sec. 1.984 will include: ...


the debt as permitted by a notice provided under Sec. 1.983 must send a letter to the office which sent the notice of the debt stating his or her intention. The letter must be received...


notice under Sec. 1.983, a written agreement to repay the debt as an alternative to salary offset. Any employee who wishes to do this must submit a proposed written agreement to repay...


amount stated in the notice to collect from the employee's current pay as modified by a written decision issued under Secs. 1.982, 19.1 through 19.200 or Sec. 1.988 or by written...


a lump-sum unless the employee is financially unable to pay in one lump-sum, or if the amount of the debt exceeds 15 percent of the employee's disposable pay. In these cases,...


all or a portion of a debt) under these regulations will not be interpreted as a waiver of any rights that the employee may have under 5 U.S.C. 5514. (Authority: 5...


otherwise found not owed the United States (unless expressly prohibited by statute or regulation); or (b) VA is directed by an administrative or judicial order to refund...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR2.1] [Page 134] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 2--DELEGATIONS OF AUTHORITY--Table of Contents Sec. 2.1 General provisions. In addition to the delegations of authority in this part, numerous delegations of authority are set forth throughout this title. (Authority: 38 U.S.C. 512) [64 FR 47111, Aug. 30, 1999] ...


occupying or acting in the positions designated in paragraph (b) of this section shall have the power to issue subpoenas for (by countersigning VA Form 2-4003)...


Secretary in accordance with 38 U.S.C. 5711, or to whom authority was delegated by the Secretary in accordance with title III, Pub. L. 844, 74th Congress, section 616, Pub. L....


excepted service positions. Authority to order such advertisements is hereby delegated to Administration Heads, Assistant Secretaries, Other Key Officials (the General...


or acting for the following positions in the Office of the General Counsel are authorized to certify copies of public documents, records, or papers belonging to or in the files...


are delegated authority as indicated: (a) Veterans Health Administration. The Under Secretary for Health is delegated authority: (1) To act on all matters assigned...


the Secretary determines that benefits administered by the Department of Veterans Affairs have not been provided by reason of administrative error on the part of the Federal Government...


or acting in the positions designated in paragraph (b) of this section are authorized to designate those employees who are required to serve as notaries public in connection...


Definitions. Authority: 38 U.S.C. 501(a), unless otherwise noted. General (a) Armed Forces means the United States Army, Navy,...


forth the beginning and ending dates of each war period beginning with the Indian wars. Note that the term period of war in reference to pension entitlement under 38 U.S.C....


Pension. (a) Pension for veterans--(1) Service pension; Spanish-American War. A benefit payable monthly by the Department of Veterans Affairs because of service in...


term means a monthly payment made by the Department of Veterans Affairs to a veteran because of service-connected disability, or to a surviving spouse, child, or parent of...


(a) Dependency and indemnity compensation. This term means a monthly payment made by the Department of Veterans Affairs to a surviving spouse, child, or parent: ...


naval, and air service. This includes active duty, any period of active duty for training during which the individual concerned was disabled or died from a disease or...


have performed active military, naval, or air service. The following individuals and groups are considered to have performed active military, naval, or air service: ...


intentionally and wrongfully caused the death of another person is not entitled to pension, compensation, or dependency and indemnity compensation or increased pension, compensation,...


(a) If the former service member did not die in service, pension, compensation, or dependency and indemnity compensation is not payable unless the period of service on which the claim...


(a) Definitions. (1) The term minimum period of active duty means, for the purposes of this section, the shorter of the following periods. (i) Twenty-four months...


(a) A discharge to accept appointment as a commissioned or warrant officer, or to change from a Reserve or Regular commission to accept a commission in the other component, or to...


Service is valid unless the enlistment is voided by the service department. (a) Enlistment not prohibited by statute. Where an enlistment is voided by the service department...


nonservice-connected or service-connected benefits, active service is countable exclusive of time spent on an industrial, agricultural, or indefinite furlough, time lost on absence...


70 or 90 days required under Sec. 3.3(a) active service which began before or extended beyond the war period will be included if such service was continuous. Broken periods of...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR3.17] [Page 163] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 3--ADJUDICATION--Table of Contents Subpart A--Pension, Compensation, and Dependency and Indemnity Compensation Secs. 3.18-3.19 [Reserved] ...


of veteran's death. (a) Where the veteran died on or after December 1, 1962, and before October 1, 1982, the rate of death pension or dependency and indemnity...


compensation, dependency and indemnity compensation for surviving spouses and children, and section 306 and old-law disability and death pension, are published in tabular form in...


veterans rated totally disabled at time of death. (a) Even though a veteran died of non-service-connected causes, VA will pay death benefits to the surviving spouse...


surviving spouses. (a) Maximum annual rates of improved pension. The maximum annual rates of improved pension for the following categories of beneficiaries shall be the...


(a) General. The provisions of this section apply to children of a deceased veteran not in the custody of a surviving spouse who has basic eligibility to receive...


(DIC)--Method of payment computation. Monthly payments of parents' DIC shall be computed in accordance with the following formulas: (a) One parent. Except...


limitations. (a) The annual income limitations for section 306 pension shall be the amounts specified in section 306(a)(2)(A) of Pub. L. 95-588, as increased from time...


(a) Improved pension. Whenever there is a cost-of-living increase in benefit amounts payable under section 215(i) of title II of the Social Security Act, VA shall, effective...


old-law pension income limitations. Whenever the maximum annual rates of improved pension are increased by reason of the provisions of 38 U.S.C. 5312, the following will...


Where the computation of an increase in improved pension rates under Secs. 3.23 and 3.24 would otherwise result in a figure which includes a fraction of a dollar, the benefit rate...


and parents' dependency and indemnity compensation (DIC). Payment shall be made as shown in paragraphs (a), (b), (c), (d), (e), and (f) of this section; however,...


Regardless of VA regulations concerning effective dates of awards, and except as provided in paragraph (c) of this section, payment of monetary benefits based on...


When determining the rates of pension or parents' DIC or the amounts of burial, plot or headstone allowances or accrued benefits to which a claimant or beneficiary may...


(a) Regular Philippine Scouts. Service in the Philippine Scouts (except that described in paragraph (b) of this section), the Insular Force of the Navy, Samoan Native Guard,...


a Regular Philippine Scout or a member of one of the regular components of the Philippine Commonwealth Army while serving with Armed Forces of United States, the period of active...


for certain Filipino veterans residing in the United States. (a) Definitions. For purposes of this section: (1) United States (U.S.) means the states, territories...


for certain Filipino veterans residing in the United States on the date of death. (a) Definitions. For purposes of this section: (1) United States (U.S.) means...


(a) Spouse. ``Spouse'' means a person of the opposite sex whose marriage to the veteran meets the requirements of Sec. 3.1(j). (b) Surviving spouse. Except as provided in Sec....


an attempted marriage of a claimant to the veteran was invalid by reason of a legal impediment, the marriage will nevertheless be deemed valid if: (a) The marriage occurred 1...


(a) General. The requirement that there must be continuous cohabitation from the date of marriage to the date of death of the veteran will be considered as having been met when the...


may qualify for pension, compensation, or dependency and indemnity compensation if the marriage to the veteran occurred before or during his or her service or, if married to...


upon terminated marital relationships. (a) Surviving spouse. (1) Remarriage of a surviving spouse shall not bar the furnishing of benefits to such surviving spouse...


Except as provided in paragraphs (a)(2) and (3) of this section, the term child of the veteran means an unmarried person who is a legitimate child, a child legally adopted before the age...


A child of a veteran adopted out of the family of the veteran either prior or subsequent to the veteran's death is nevertheless a child within the meaning of that term as defined by...


a natural mother or father (including the mother of an illegitimate child or the father of an illegitimate child if the usual family relationship existed), mother or father...


For the purposes of determining entitlement to pension under 38 U.S.C. 1521, a person shall be considered as living with his or her spouse even though they reside apart unless they...


(a) Authority is delegated to the Under Secretary for Benefits and to supervisory or adjudicative personnel within the jurisdiction of the Veterans Benefits Administration designated...


defined and consistently applied policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every...


rights. (a) Statement of policy. Every claimant has the right to written notice of the decision made on his or her claim, the right to a hearing, and the right...


(a) A decision of a duly constituted rating agency or other agency of original jurisdiction shall be final and binding on all field offices of the Department of Veterans Affairs as...


The provisions of this section apply except where an award was based on an act of commission or omission by the payee, or with his or her knowledge (Sec. 3.500(b)); there is a change...


entitled to pension, compensation, or dependency and indemnity compensation under any of the laws administered by the Department of Veterans Affairs may renounce his or her right to...


Except as provided in Sec. 3.251(a)(4), in any case where claim has not been filed by or on behalf of all dependents who may be entitled, the awards (original or...


Veterans Affairs. Diplomatic and consular officers of the Department of State are authorized to act as agents of the Department of Veterans Affairs and therefore a...


time limit for filing evidence. (1) If a claimant's application is incomplete, the claimant will be notified of the evidence necessary to complete the application. If the evidence is...


(a) In computing the time limit for any action required of a claimant or beneficiary, including the filing of claims or evidence requested by VA, the first day of the specified period...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR3.112] [Page 188] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 3--ADJUDICATION--Table of Contents Subpart A--Pension, Compensation, and Dependency and Indemnity Compensation Sec. 3.112 Fractions of one cent. In all cases where the amount to be paid under any award involves a fraction of a cent, the fractional part will be excluded. [26 FR 1570, Feb. 24, 1961] ...


Veterans Affairs issue. (a) Effective date of award. Where pension, compensation, dependency and indemnity compensation, or a monetary [[Page 189]] allowance under 38...


(a) The Secretary of Veterans Affairs may request from a financial institution the names and addresses of its customers. Each such request, however, shall include a certification...


(a) Upon request made in person or in writing by any person applying for benefits under the laws administered by the Department of Veterans Affairs, the appropriate application form...


(a) General. A specific claim in the form prescribed by the Secretary must be filed in order for benefits to be paid to any individual under the laws administered by VA. (38...


(a) A specific claim in the form prescribed by the Secretary (or jointly with the Secretary of Health and Human Services, as prescribed by Sec. 3.153) must be filed in order for...


An application on a form jointly prescribed by the Secretary and the Secretary of Health, Education, and Welfare filed with the Social Security Administration on or after...


A formal claim for pension, compensation, dependency and indemnity compensation or any statement in a communication showing an intent to file a claim for disability or...


or action, indicating an intent to apply for one or more benefits under the laws administered by the Department of Veterans Affairs, from a claimant, his or her duly...


(a) A claimant may reopen a finally adjudicated claim by submitting new and material evidence. New evidence means existing evidence not previously submitted to agency...


claim for increase or to reopen. (a) General. Effective date of pension or compensation benefits, if otherwise in order, will be the date of receipt of a claim or...


General. Except as provided in Sec. 3.652 of this part, where evidence requested in connection with an original claim, a claim for increase or to reopen or for the purpose of...


in developing claims. (a) Definitions. For purposes of this section, the following definitions apply: (1) Competent medical evidence means evidence provided by...


definitions are applicable to claims for pension, compensation, and dependency and indemnity compensation. (a) Informal claim. See Sec. 3.155. (b) Original claim. An...


(a) All oral testimony presented by claimants and witnesses on their behalf before any rating or authorization body will be under oath or affirmation. (See Sec. 3.103(c).) ...


and Department of Veterans Affairs. (a) A claimant for dependency and indemnity compensation may elect to furnish to the Department of Veterans Affairs in support of...


(a) Except as provided in paragraph (b) of this section, where an affidavit or other document is required to be executed under oath before an official in a foreign country,...


service and character of discharge. (a) Evidence submitted by a claimant. For the purpose of establishing entitlement to pension, compensation, dependency and...


(a)(1) Except as provided in paragraph (a)(2) of this section, VA will accept, for the purpose of determining entitlement to benefits under laws administered by VA, the...


Marriage is established by one of the following types of evidence: (1) Copy or abstract of the public record of marriage, or a copy of the church record of marriage,...


a divorce decree regular on its face, will be questioned by the Department of Veterans Affairs only when such validity is put in issue by a party thereto or a person whose interest in...


Proof that a marriage was void or has been annulled should consist of: (a) Void. A certified statement from the claimant setting forth the circumstances which rendered the...


In claims for pension where the age of the veteran or surviving spouse is material, the statements of age will be accepted where they are in agreement with other statements in...


established by one of the following types of evidence. If the evidence submitted for proof of age or relationship indicates a difference in the name of the person as shown by...


(a) Legitimate child. Where it is necessary to determine the legitimacy of a child, evidence will be required to establish the legality of the marriage of the mother of the child to...


established by one of the following types of evidence: (a)(1) A copy of the public record of the State or community where death occurred. (2) A copy of a coroner's report...


(a) If satisfactory evidence is produced establishing the fact of the continued and unexplained absence of any individual from his or her home and family for a period of 7 years...


(a) General. For the purpose of establishing entitlement to a higher rate of pension, compensation, or dependency and indemnity compensation based on the existence of...


Effective July 15, 1958, a decision rendered by a Federal court in an action to which the United States was a party holding that a surviving spouse of a veteran...


conduct. On or after January 1, 1971, benefits may be resumed to an unmarried surviving spouse upon filing of an application and submission of satisfactory evidence that...


numbers. Any person who applies for or receives any compensation or pension benefit as defined in Secs. 3.3, 3.4, or 3.5 of this part, a monetary allowance under 38...


affecting entitlement to benefits. (a) For purposes of this part, unless specifically provided otherwise, the submission of information or a statement that...


(a) Income--(1) Conclusive dependency. Dependency of a parent (other than one who is residing in a foreign country) will be held to exist where the monthy income does...


compensation. (a) Annual income limitations and rates. (1) Dependency and indemnity compensation is not payable to a parent or parents whose annual income exceeds...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR3.252] [Page 208] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 3--ADJUDICATION--Table of Contents Subpart A--Pension, Compensation, and Dependency and Indemnity Compensation Secs. 3.253-3.255 [Reserved] ...


(a) Obligation to report changes in factors affecting entitlement. Any individual who has applied for or receives pension or parents' dependency and indemnity...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR3.257] [Page 209] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 3--ADJUDICATION--Table of Contents Subpart A--Pension, Compensation, and Dependency and Indemnity Compensation Secs. 3.258-3.259 [Reserved] ...


For entitlement to pension or dependency and indemnity compensation, income will be counted for the calendar year in which it is received. (a) Installments. Income will be determined...


estates. The following factors will be considered in determining whether a claimant meets the requirements of Secs. 3.250, 3.251 and 3.252 with reference to dependency,...


(a) Total income. All income from sources such as wages, salaries, earnings, bonuses from employers, income from a business or profession or from investments or rents as well as the...


(a) General. The following rules are for application in determining the corpus of estate of a parent where dependency is a factor under Sec. 3.250, and the net worth of a...


and estate regulations. (a) Sections 3.250 to 3.270. These sections are applicable to dependency, income and estate determinations needed to...


(a) General. Payments of any kind from any source shall be counted as income during the 12-month annualization period in which received unless specifically excluded under...


The following shall be excluded from countable income for the purpose of determining entitlement to improved pension. Unless otherwise provided, expenses deductible under this section...


commencement date of change in benefit payments based on rate computations under the provisions of this section will be determined under the provisions of Sec. 3.31 or Sec. 3.660. ...


(a) Veteran. Pension shall be denied or discontinued when the corpus of the estate of the veteran, and of the veteran's spouse, are such that under all...


(a) General. The following rules are for application in determining the corpus of estate or net worth of a veteran, surviving spouse or child under Sec. 3.274. ...


(a) Waiver of receipt of income. Potential income, not excludable under Sec. 3.272 and whose receipt has been waived by an individual, shall be included as countable...


(a) Evidence of entitlement. As a condition of granting or continuing pension, the Department of Veterans Affairs may require from any person who is an applicant for or...


tobacco products. (a) For claims received by VA after June 9, 1998, a disability or death will not be considered service-connected on the basis that it resulted from injury...


(a) Line of duty. Direct service connection may be granted only when a disability or cause of death was incurred or aggravated in line of duty, and not the result of the...


suicide. (a) General. (1) In order for suicide to constitute willful misconduct, the act of self-destruction must be intentional. (2) A person of unsound mind...


(a) General. Service connection connotes many factors but basically it means that the facts, shown by evidence, establish that a particular injury or disease...


and peacetime. (a) General. The basic considerations relating to service connection are stated in Sec. 3.303. The criteria in this section apply only to disabilities which...


service before January 1, 1947. (a) General. The basic considerations relating to service connection are stated in Sec. 3.303. The criteria in this section apply only...


(a) General. A preexisting injury or disease will be considered to have been aggravated by active military, naval, or air service, where there is an increase in...


chronic, tropical or prisoner-of-war related disease, or disease associated with exposure to certain herbicide agents; wartime and service on or after January...


service before January 1, 1947. (a) Chronic disease. There is no provision for presumptive service connection for chronic disease as distinguished from tropical...


connection. (a) Chronic diseases. The following diseases shall be granted service connection although not otherwise established as incurred in or aggravated by service...


(a) General. Except as provided in Sec. 3.300(c), disability which is proximately due to or the result of a service-connected disease or injury shall be service...


radiation. (a) Determinations of exposure and dose--(1) Dose assessment. In all claims in which it is established that a radiogenic disease first became manifest...


The death of a veteran will be considered as having been due to a service-connected disability when the evidence establishes that such disability was either the principal or...


(a) Service in Vietnam. Service in Vietnam includes service in the waters offshore, or service in other locations if the conditions of service involved duty or visitation...


(a) Prior to the Mexican border period. While pensions are granted based on certain service prior to the Mexican border period, the only rating factors in claims therefor are: ...


loans, education. (a) Child over 18 years. A child of a veteran may be considered a ``child'' after age 18 for purposes of benefits under title 38, United...


exposure to mustard gas and Lewisite. (a) Except as provided in paragraph (b) of this section, exposure to the specified vesicant agents during active military service under...


Permanent and total disability ratings for pension purposes. See Sec. 3.342. Special monthly dependency and indemnity compensation, death compensation and pension ratings. See...


(a) Use of rating schedule. The 1945 Schedule for Rating Disabilities will be used for evaluating the degree of disabilities in claims for disability compensation, disability...


service. (a) Aggravation of preservice disability. In cases involving aggravation by active service, the rating will reflect only the degree of disability over and above...


Same type of service. When there are two or more service-connected compensable disabilities a combined evaluation will be made following the tables and rules prescribed in...


Whenever a veteran is suffering from two or more separate permanent service-connected disabilities of such character as clearly to interfere with...


of this section, the term examination includes periods of hospital observation when required by VA. (a) Where there is a claim for disability compensation or pension but...


including periods of hospital observation, will be requested whenever VA determines there is a need to verify either the continued existence or the current severity of...


(a) General. When warranted by the medical complexity or controversy involved in a pending claim, an advisory medical opinion may be obtained from one or more medical experts who...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR3.330] [Page 253] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 3--ADJUDICATION--Table of Contents Subpart A--Pension, Compensation, and Dependency and Indemnity Compensation Secs. 3.331-3.339 [Reserved] ...


unemployability. (a) Total disability ratings--(1) General. Total disability will be considered to exist when there is present any impairment of mind or body which...


purposes. (a) General. Subject to the limitation in paragraph (b) of this section, total-disability compensation ratings may be assigned under the provisions of...


for pension purposes. (a) General. Permanent total disability ratings for pension purposes are authorized for disabling conditions not the result of the veteran's...


(a) General. Total disability ratings, when warranted by the severity of the condition and not granted purely because of hospital, surgical, or home treatment, or...


(a) Examination reports indicating improvement. Rating agencies will handle cases affected by change of medical findings or diagnosis, so as to produce the greatest degree...


The rates of special monthly compensation stated in this section are those provided under 38 U.S.C. 1114. (a) Ratings under 38 U.S.C. 1114(k). Special...


indemnity compensation, death compensation, pension and spouse's compensation ratings. (a) General. This section sets forth criteria for determining whether: (1)...


aid and attendance and ``permanently bedridden.'' (a) Basic criteria for regular aid and attendance and permanently bedridden. The following will be accorded consideration...


competency. (a) Definition of mental incompetency. A mentally incompetent person is one who because of injury or disease lacks the mental capacity to contract or to manage...


(a) Definition of insanity. An insane person is one who, while not mentally defective or constitutionally psychopathic, except when a psychosis has been engrafted upon such...


When cases are referred to a rating agency involving the testamentary capacity of the insured to execute designations or changes of beneficiary, or designations...


incapacity for self-support. (a) Basic determinations. A child must be shown to be permanently incapable of self-support by reason of mental or physical defect at the date...


For the purpose of certifying civil service disability preference only, a service-connected disability may be assigned an evaluation of ``less than ten percent.'' Any directly...


death from hospitalization, medical or surgical treatment, examinations or vocational rehabilitation training (Sec. 3.800). (a) General. Where it is determined that there...


former members of the Armed Forces of Czechoslovakia or Poland. Rating boards will determine whether or not the condition for which treatment is claimed by former members...


certain persons administratively discharged under other than honorable condition. (a) General. The health-care and related benefits authorized by chapter 17 of title...


in active service. (a) Active disease. X-ray evidence alone may be adequate for grant of direct service connection for pulmonary tuberculosis. When under consideration,...


tuberculous disease; wartime and service on or after January 1, 1947. (a) Pulmonary tuberculosis. (1) Evidence of activity on comparative study of X-ray films showing...


tuberculosis. When service connection is granted initially on an original or reopened claim for pulmonary or nonpulmonary tuberculosis and there is satisfactory evidence...


(a) Service diagnosis. Service department diagnosis of active pulmonary tuberculosis will be accepted unless a board of medical examiners, Clinic Director or...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR3.375] [Page 273] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 3--ADJUDICATION--Table of Contents Subpart A--Pension, Compensation, and Dependency and Indemnity Compensation Secs. 3.376-3.377 [Reserved] ...


pension cases. A permanent and total disability rating in effect during hospitalization will not be discontinued before hospital discharge on the basis of a change...


If the first manifestations of acute anterior poliomyelitis present themselves in a veteran within 35 days of termination of active military service, it is probable that the...


Diseases of allergic etiology, including bronchial asthma and urticaria, may not be disposed of routinely for compensation purposes as constitutional or developmental...


for treatment purposes. (a) Treatable carious teeth, replaceable missing teeth, dental or alveolar abscesses, and periodontal disease will be considered...


and extremities. (a) Entitlement criteria. Compensation is payable for the combinations of service-connected and nonservice-connected disabilities specified in...


For the purposes of applying the laws administered by VA, impaired hearing will be considered to be a disability when the auditory threshold in any of the frequencies 500,...


provided, the effective date of an evaluation and award of pension, compensation or dependency and indemnity compensation based on an original claim, a claim reopened after...


or compensation payable to or for a veteran will be effective as follows: (a) Aid and attendance and housebound benefits. (1) Except as provided in Sec. 3.400(o)(2), the date...


pension, compensation, or dependency and indemnity compensation to or for a surviving spouse will be effective as follows: (a) Additional allowance of dependency and...


pension, compensation, or dependency and indemnity compensation to or for a child, or to or for a veteran or surviving spouse on behalf of such child, will be effective as follows: ...


of compensation and dependency and indemnity compensation based on a parent's need for aid and attendance will be effective the date of receipt of claim or date...


full-dollar rate. For veterans who met the eligibility requirements in Sec. 3.42 on October 27, 2000, and maintained such eligibility continuously from that date to the date of...


any part of the pension, compensation, or emergency officers' retirement pay payable on account of any veteran may be apportioned. (i) On behalf of his or her spouse, children,...


Without regard to any other provision regarding apportionment where hardship is shown to exist, pension, compensation, emergency officers' retirement pay, or dependency and...


apportioned. Veterans benefits may be apportioned: (a) If the veteran is not residing with his or her spouse or his or her children and a claim for apportionment is filed...


or retirement pay. Rates of apportionment of disability compensation, service pension or retirement pay will be determined under Sec. 3.451. [26 FR 7266, Aug....


Apportionment of disability pension will be as follows: (a) Where a veteran with spouse, or child is incompetent and without legal fiduciary and is maintained in an institution by...


Veteran's benefits will not be apportioned: (a) Where the total benefit payable to the disabled person does not permit payment of a reasonable amount to...


compensation will be apportioned if the child or children of the deceased veteran are not in the custody of the surviving spouse. (b) The surviving spouse may not be paid less...


be apportioned if the child or children of the deceased veteran are not in the custody of the surviving spouse. Where the surviving spouse's rate is in excess of $70 monthly...


(a) Conditions under which apportionment may be made. The surviving spouse's award of dependency and indemnity compensation will be apportioned where there is a child...


of a rating which results in the reduction or discontinuance of an award will be in accordance with the facts found except as provided in Sec. 3.105. The effective date of...


of discontinuance of pension or compensation to or for a veteran will be the earliest of the dates stated in this section. Where an award is reduced, the reduced rate will be...


date of discontinuance of pension, compensation, or dependency and indemnity compensation to or for a surviving spouse will be the earliest of the dates stated in this section....


date of discontinuance of pension, compensation, or dependency and indemnity compensation to or for a child, or to or for a veteran or surviving spouse on behalf of such child,...


The effective date of discontinuance of an increased award because of the parent's need for aid and attendance will be the day of last payment if need for aid and attendance has...


the full-dollar rate. The effective date of discontinuance of compensation for Filipino veterans under Sec. 3.42 will be the earliest of the dates stated in this section. Where...


(a) General. Pension is subject to reduction as specified below when a veteran who has neither spouse, child nor dependent parent is hospitalized, unless the veteran...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR3.552] [Page 295] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 3--ADJUDICATION--Table of Contents Subpart A--Pension, Compensation, and Dependency and Indemnity Compensation Secs. 3.553-3.555 [Reserved] ...


(a) Temporary Absence--30 days. (1) Where a competent veteran whose award was reduced under Sec. 3.551(b) is placed on non-bed care status or other authorized absence of...


incompetents with estates that equaled or exceeded statutory limit. (a) Payments for the veteran will be resumed and apportionment awards discontinued under...


(a) Running awards. Except as provided in paragraph (c) of this section where a claim is filed by an additional [[Page 297]] dependent who has apparent entitlement which,...


Except as otherwise provided: (a) A payee who becomes entitled to pension, compensation, or dependency and indemnity compensation or to a greater rate because payment of...


Except as otherwise provided: (a) Individuals to whom benefits are being paid are required to certify, when [[Page 298]] requested, that any or...


(a) General. Pension, compensation, or dependency and indemnity compensation is not payable to an alien who is located in the territory of or under the control of an enemy of the United...


Pension, compensation, or retirement pay will be discontinued under the circumstances stated in Sec. 3.700(a)(1) for any period for which the veteran received active service pay....


Veterans Affairs examination. (a) General. When entitlement or continued entitlement to a benefit cannot be established or confirmed without a current VA examination...


(a) When any veteran has disappeared for 90 days or more and his or her whereabouts remain unknown to the members of his or her family and the Department of Veterans Affairs,...


entitlement terminates. Where a surviving spouse establishes entitlement to pension, compensation, or dependency and indemnity compensation, an award to another person...


(a) When an award of dependency and indemnity compensation is made covering a period for which death compensation or benefits under the Federal...


The provisions of this section are applicable for periods commencing on or after January 1, 1957 in cases involving payments of death compensation or dependency and...


(a) Reduction or discontinuance--(1) General. A veteran, surviving spouse or child who is receiving pension, or a parent who is receiving compensation or dependency and...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR3.661] [Page 304] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 3--ADJUDICATION--Table of Contents Subpart A--Pension, Compensation, and Dependency and Indemnity Compensation Secs. 3.662-3.664 [Reserved] ...


fugitive felons--compensation. (a) General. Any person specified in paragraph (c) of this section who is incarcerated in a Federal, State or local penal institution in excess of...


fugitive felons--pension. If any individual to or for whom pension is being paid under a public or private law administered by the Department of Veterans Affairs is imprisoned in...


(a) General. (1) Pension or compensation may be paid from a child's 18th birthday based upon school attendance if the child was at that time pursing a course of instruction at an...


receipt of notice from a Regional Counsel the Veterans Service Center Manager in the Manila Regional Office that a case is being formally submitted for consideration of forfeiture of...


one award of pension, compensation, or emergency officers', regular or reserve retirement pay will be made concurrently to any person based on his or her own service except as provided...


(a) General. Except as otherwise provided, a person entitled to receive pension or compensation under more than one law or section of a law administered by the Department...


(a) Right to elect. A person who is eligible for death compensation and who has entitlement to dependency and indemnity compensation pursuant to the provisions of...


(a) General. Death compensation or dependency and indemnity compensation is not payable for a child if dependency and indemnity compensation is paid to or for a child or to...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR3.704] [Page 315] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 3--ADJUDICATION--Table of Contents Subpart A--Pension, Compensation, and Dependency and Indemnity Compensation Secs. 3.705-3.706 [Reserved] ...


(a) Child. The conditions applicable to the bar to payment of pension, compensation or dependency and indemnity compensation for a child concurrently with educational...


(a) Military service--(1) Initial election. Where a person is entitled to compensation from the Office of Workers' Compensation Programs, under the Federal...


Department of Veterans Affairs benefits may be paid concurrently with civil service retirement benefits. However, payments will be considered income as provided in Sec. 3.262 (e)...


Except as otherwise provided by this section and Sec. 3.712, a person entitled to receive section 306 or old-law pension on December 31, 1978, may elect to receive improved pension...


of Spanish-American War veterans. (a) General. A surviving spouse of a Spanish-American War veteran eligible for pension under 38 U.S.C. 1536 may elect to...


(a) General. Except as provided in paragraph (b) of this section an election to receive improved pension shall be effective the date of receipt of the election. ...


beneficiaries. (a) Definitions. The following definitions are applicable to this section. [[Page 317]] (1) Pensioner. This means a person who was...


of 1990. Payment to any individual under the provisions of the Radiation Exposure Compensation Act of 1990 (Pub. L. 101-426 as amended by Public Law 101-510) based upon...


Except as provided in paragraphs (c) and (d) of this section and Sec. 3.751, any person entitled to receive retirement pay based on service as a member of the Armed Forces or as...


Retired Regular and Reserve officers and enlisted personnel are not entitled to statutory awards of disability compensation from the Department of Veterans Affairs...


Disability compensation may be paid concurrently with retirement pay to an officer of the commissioned corps of the Public Health Service, who was receiving disability compensation on...


A retired emergency officer of World War I has basic eligibility to retirement pay by the Department of Veterans Affairs under Pub. L. 87- 875 (sec. 11(b), Pub. L. 85-857)...


etc. (a) Where disease, injury, death or the aggravation of an existing disease or injury occurs as a result of having submitted to an examination, medical or...


A special act is one authorizing the payment of benefits to a particular person or persons. If a beneficiary in a special act has no claim before the Department of Veterans Affairs,...


of the Department of the Army, the Department of the Navy, the Department of the Air Force, or the Department of Transportation will determine the eligibility of applicants to...


naval pension will be authorized on the basis of a certification by the Secretary of the Navy. (Authority: 10 U.S.C. 6160) (b) Awards of naval pension in effect prior...


1312. (a) The provisions of this section are applicable to the payment of a special allowance by the Department of Veterans Affairs to the surviving dependents of a veteran...


A certification of loan guaranty benefits may be extended to surviving spouses based on an application filed on or after January 1, 1959, if: (a) The...


(a) Where a veteran dies on or after January 1, 1957, and during the 120-day period which begins on the day following the date of his or her discharge or release from active...


For the purposes of dependents' educational assistance under 38 U.S.C. chapter 35 (see Sec. 21.3020), the child, spouse or surviving spouse of a veteran...


A certification of eligibility for financial assistance in the purchase of one automobile or other conveyance in an amount not exceeding the amount specified...


U.S.C. 2101(a). A certificate of eligibility for assistance in acquiring specially adapted housing under 38 U.S.C. 2101(a) may be extended to a veteran if the...


38 U.S.C. 2101(b). A certificate of eligibility for assistance in acquiring necessary special home adaptations, or, on or after October 28, 1986, for assistance in acquiring...


(a) Except as provided in paragraph (d) of this section a veteran who has a service-connected disability, or a disability compensable under 38 U.S.C. 1151 as if it were service-connected,...


annuity. (a) Eligibility for minimum income annuity. The minimum income annuity authorized by Public Law 92-425 as amended is payable to a person: (1) Whom...


156 of Pub. L. 97-377. The provisions of this section apply to the payment of a special allowance to certain surviving spouses and children of individuals who died...


death due to chloracne or porphyria cutanea tarda. (a) Disability benefits. Except as provided in paragraph (c) of this section, a veteran who served in the active military,...


chapter 18 for an individual suffering from spina bifida whose biological father or mother is or was a Vietnam veteran. (a) Monthly monetary allowance. VA will...


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. ...


benefits to a duly recognized fiduciary may be made on behalf of a person who is mentally incompetent or who is a minor; or, payment may be made directly to the beneficiary or to...


Benefits due or becoming due any person who is a patient at St. Elizabeths Hospital will be paid to a duly appointed fiduciary of such person. The benefits payable to...


(a) When an incompetent veteran entitled to pension, compensation or retirement pay is a patient in a hospital or other institution, payments on his (or her) account may be made to...


(a) Effective November 1, 1990, through September 30, 1992, where a veteran: (1) Is rated incompetent by VA, and (2) Has neither spouse, child, nor dependent...


Benefits will not be authorized to a fiduciary recognized or appointed for a child, by reason of its minority, for any period subsequent to the day preceding the date on which...


(a) General. Payments being made directly to a beneficiary who is or may be incompetent will not be routinely suspended pending certification of a fiduciary (or...


If a female fiduciary receiving benefits in such capacity marries or is restored to her former name by divorce decree, her statement setting forth her present name may...


surviving spouse. Where children are separated from the surviving spouse by reason of her (or his) incompetency, no apportionment is required. All amounts payable on behalf of...


benefits based on one period of service does not affect entitlement to benefits based on a period of service beginning after the offense causing the prior forfeiture. (b)(1)...


act committed when a person knowingly makes or causes to be made or conspires, combines, aids, or assists in, agrees to, arranges for, or in any way procures the making or...


An act of mutiny, treason, sabotage or rendering assistance to an enemy of the United States or of its allies. (b) Effect on claim. For the purposes of paragraph (d) of...


(a) Definition. Any offense for which punishment is prescribed: (1) In title 18 U.S.C., sections 792, 793, 794, 798, 2381 through 2385, 2387 through 2390, and chapter...


(a) Fraud. Whenever a veteran has forfeited his or her right by reason of fraud, his or her surviving dependents upon proper application may be paid pension,...


of forfeiture. (a) Jurisdiction. At the regional office level, except in VA Regional Office, Manila, Philippines, the Regional Counsel is authorized to determine...


prior wars. Marriage is not a bar to the payment of pension or compensation to a helpless child under an award approved prior to April 1, 1944. The presumption, arising...


(a) A readjustment to the Schedule for Rating Disabilities shall not be grounds for reduction of a disability rating in effect on the date of the readjustment unless...


the Schedule of Disability Ratings, 1925, which were the basis of compensation on April 1, 1946, are subject to modification only when a change in physical or mental condition...


(a) In receipt of or entitled to receive benefits on December 31, 1958. Any person receiving or entitled to receive benefits under any public law administered by the Department...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR3.954] [Page 343] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 3--ADJUDICATION--Table of Contents Subpart A--Pension, Compensation, and Dependency and Indemnity Compensation Secs. 3.955-3.956 [Reserved] ...


for any disability or death granted or continued under title 38 U.S.C., which has been in effect for 10 or more years will not be severed except upon a showing that...


Any award approved prior to September 13, 1960, authorizing Department of Veterans Affairs benefits concurrently with an award of benefits under the Federal...


on August 19, 1968, was receiving or entitled to receive compensation for active or inactive (arrested) tuberculosis may receive compensation under 38 U.S.C. 1114(q) and 1156 as...


(a) General. Except as provided in paragraphs (b) and (c) of this section, any person eligible to elect improved pension under Sec. 3.711 or 3.712 who is in receipt...


No part of any accrued benefits will be used to reimburse any political subdivision of the United States for expenses incurred in the last sickness or burial of...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR3.1003] [Page 347] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 3--ADJUDICATION--Table of Contents Subpart A--Pension, Compensation, and Dependency and Indemnity Compensation Secs. 3.1004-3.1006 [Reserved] ...


Where an award of disability pension for an incompetent veteran without dependents was reduced under Sec. 3.551(b) because of hospitalization, institutional or domiciliary...


In case of death of the payee of any check in payment of periodic monetary benefits (other than insurance and servicemembers' indemnity) accruing under...


The provisions of this section are applicable to gratuitous benefits deposited by the Department of Veterans Affairs either before, on, or after December 1, 1959, in a personal funds...


2302-2308, unless otherwise noted. [[Page 348]] For the purpose of payment of burial expenses the term veteran includes a person who died during a period deemed...


funeral expenses under Sec. 3.1600(b) and plot or interment allowance under Sec. 3.1600(f) must be received by VA within 2 years after the permanent burial or cremation of...


more persons have paid from their personal funds toward the burial, funeral, plot, interment and transportation expenses, the burial and plot or interment allowance will be...


unclaimed, there being no relatives or friends to claim the body, and there is burial allowance entitlement which is not based on Sec. 3.1600(b)(3), the amount provided for burial...


public or private organizations. When contributions or payments on the burial expenses have been made by a state, any agency or political subdivision of...


Veterans Affairs. An amount may be paid not to exceed the amount payable under Sec. 3.1600 for the funeral, burial, plot, or interment expenses of a person who dies while in...


of Secs. 3.1600(g) and 3.1605 (a), (b), (c), and (d) may include the following: (a) Shipment by common carrier. (1) Charge for pickup of remains from place hospitalized...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR3.1607] [Page 354] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 3--ADJUDICATION--Table of Contents Subpart B--Burial Benefits Sec. 3.1607 Cost of flags. No reimbursement will be authorized for the cost of a burial flag privately purchased by relatives, friends, or other parties but such cost may be included in a claim for the burial allowance. [26 FR 1622, Feb. 24, 1961] ...


as items of food and drink. (b) Duplicate items. Any item or cost of any item or service, such as casket, clothing, etc., previously provided or paid for by any Federal...


not preclude payment of burial and plot or interment allowance if otherwise in order. No benefits will be paid to a claimant who participated in the fraud [[Page...


permissible transportation charges as provided in Secs. 3.1600 through 3.1611 are also payable under the following conditions: (a) Where burial of a deceased veteran is in...


the person entitled to the custody of the body of a deceased beneficiary of the Department of Veterans Affairs, official representation at the funeral will be granted provided an...


This section provides for the payment of a monetary allowance in lieu of furnishing a headstone or marker at Government expense under the provisions of Sec. 1.631(a)(2) and (b)...


Authority: 38 U.S.C. 501(a), unless otherwise noted. Source: 66 FR 18195, Apr. 6, 2001, unless otherwise noted. General ...


by mark or thumbprint? VA will accept signatures by mark or thumbprint if: (a) They are witnessed by two people who sign their names and give their addresses, or ...


decisions. (a) A claimant who has filed a timely Notice of Disagreement with a decision of an agency of original jurisdiction on a benefit claim has a right to a review...


This rating schedule is primarily a guide in the evaluation of disability resulting from all types of diseases and injuries encountered as a result of or incident to military...


will not describe the same disability in the same language. Features of the disability which must have persisted unchanged may be overlooked or a change for the better...


policy of the Department of Veterans Affairs to administer the law under a broad interpretation, consistent, however, with the facts shown in every case. When after...


character of the veteran's service is but one factor entering into the considerations of the rating boards in arriving at determinations of the evaluation of disability. Every element...


two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the...


absent, displaced or supernumerary parts, refractive error of the eye, personality disorder and mental deficiency are not diseases or injuries in the meaning of...


of the body as a whole, or of the psyche, or of a system or organ of the body to function under the ordinary conditions of daily life including employment. Whether the upper...


of service connection when change [[Page 361]] is made of a previously assigned diagnosis or etiology must be kept in mind. The aim should be the reconciliation...


various diagnoses is to be avoided. Disability from injuries to the muscles, nerves, and joints of an extremity may overlap to a great extent, so that special rules are included in...


disability varies widely among individuals. The rating, however, is based primarily upon the average impairment in earning capacity, that is, upon the economic or industrial...


individual. (a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of...


the individual. All veterans who are basically eligible and who are unable to secure and follow a substantially gainful occupation by reason of disabilities which are likely to...


the provisions of Secs. 4.15, 4.16 and 4.17 will not be precluded by reason of the coexistence of misconduct disability when: (a) A veteran, regardless of employment...


of employment which was provided on account of disability, or in which special consideration was given on account of the same, when it is satisfactorily shown that he or...


in evaluating service- connected disability; and unemployability, in service-connected claims, associated with advancing age or intercurrent disability, may not be used as a basis...


be permissible to rate under a closely related disease or injury in which not only the functions affected, but the anatomical localization and symptomatology are closely...


it is not expected, especially with the more fully described grades of disabilities, that all cases will show all the findings specified. Findings sufficiently characteristic...


by active service, the rating will reflect only the degree of disability over and above the degree existing at the time of entrance into the active service, whether...


of applicants are disabled persons who are seeking benefits of law to which they believe themselves entitled. In the exercise of his or her functions, rating officers must...


the schedule for rating disabilities, requests for advisory opinions, questions regarding lack of clarity or application to individual cases involving unusual difficulties, will...


the consideration of the efficiency of the individual as affected first by the most disabling condition, then by the less disabling condition, then by other less...


injury of both arms, or of both legs, or of paired skeletal muscles, the ratings for the disabilities of the right and left sides will be combined as usual, and 10 percent of this...


opposite the listed ratable disabilities are arbitrary numbers for the purpose of showing the basis of the evaluation assigned and for statistical analysis in the Department...


ratings may be assigned, in lieu of ratings prescribed elsewhere, under the conditions stated for disability from any disease or injury. The prestabilization rating is not to...


observation. A total disability rating (100 percent) will be assigned without regard to other provisions of the rating schedule when it is established that...


be assigned without regard to other provisions of the rating schedule when it is established by report at hospital discharge (regular discharge or release to non-bed care)...


not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met. [58 FR...


Disability of the musculoskeletal system is primarily the inability, due to damage or infection in parts of the system, to perform the normal working movements of the body with...


trace the medical-industrial history of the disabled person from the original injury, considering the nature of the injury and the attendant circumstances, and the...


medical examination of injury cases at the time of first medical examination by the Department of Veterans Affairs cannot be overemphasized. When possible, this should...


identified, including chronic inflammation of bone marrow, cortex, or periosteum, should be considered as a continuously disabling process, whether or not an...


as malunion with deformity throwing abnormal stress upon, and causing malalignment of joint surfaces, should be depicted from study and observation of all available data,...


reductions of their normal excursion of movements in different planes. Inquiry will be directed to these considerations: (a) Less movement than normal (due to ankylosis, limitation...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR4.46] [Page 370] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart B--Disability Ratings Secs. 4.47-4.54 [Reserved] ...


rating will not be combined with a peripheral nerve paralysis rating of the same body part, unless the injuries affect entirely different functions. [[Page 371]] (b)...


muscle or tendon damage will be rated as a severe injury of the muscle group involved unless, for locations such as in the wrist or over the tibia, evidence establishes that...


bilateral flatfoot as a congenital or as an acquired condition. The congenital condition, with depression of the arch, but no evidence of abnormal callosities, areas...


shortening, a disabling arthritis, developing in the same extremity, or in both lower extremities, with indications of earlier, or more severe, arthritis in the injured...


of disability, the facial expression, wincing, etc., on pressure or manipulation, should be carefully noted and definitely related to affected joints. Muscle spasm...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR4.61] [Page 373] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart B--Disability Ratings Sec. 4.61 Examination. With any form of arthritis (except traumatic arthritis) it is essential that the examination for rating purposes cover all major joints, with especial reference to Heberden's or Haygarth's nodes. ...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR4.62] [Page 373] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart B--Disability Ratings Sec. 4.62 Circulatory disturbances. The circulatory disturbances, especially of the lower extremity following injury in the popliteal space, must not be overlooked, and require rating generally as phlebitis. ...


the purpose of special monthly compensation, will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump at...


to exist when there is severe damage to muscle Group XVII, bilateral (diagnostic code number 5317) and additional disability rendering it impossible for the disabled person,...


to be identified in the usual manner. The lumbosacral and sacroiliac joints should be considered as one anatomical segment for rating purposes. X- ray changes from arthritis...


rating on specific residuals, faulty posture, limitation of motion, muscle injury, painful motion of the lumbar spine, manifest by muscle spasm, mild to moderate...


not exceed the rating for the amputation at the elective level, were amputation to be performed. For example, the combined evaluations for disabilities below the knee shall...


determined by the evidence of record, or by testing on VA examination. Only one hand shall be considered dominant. The injured hand, or the most severely injured hand, of...


a basis for the required consideration of service connection and evaluation, the rating agency may request a supplementary report from the examiner giving further details as to...


standardized description of ankylosis and joint motion measurement. The anatomical position is considered as 0 deg., with two major exceptions: (a) Shoulder rotation--arm abducted...


standardized description of ankylosis and joint motion measurement. The anatomical position is considered as 0 deg., with two major exceptions: (a) Shoulder rotation--arm abducted...
...


involving muscle injuries resulting in loss of use of any extremity or loss of use of both buttocks (diagnostic code 5317, Muscle Group XVII), refer to Sec. 3.350 of this chapter...


for service connection are, when practicable, to be based only on examination by specialists. Such special examinations should include uncorrected and corrected...


made when there is disease of the optic nerve or when otherwise indicated. The usual perimetric methods will be employed, using a standard perimeter and 3 mm. white test object. At...


The extent of contraction of visual field in each eye is determined by recording the extent of the remaining visual fields in each of the eight 45 degree principal meridians. The number...


be undertaken only when the history and findings reflect disease or injury of the extrinsic muscles of the eye, or of the motor nerves supplying these muscles. The measurement...


disability, even though the visual impairment of only one eye is service connected, evaluate the vision of both eyes, before and after suffering the aggravation, and subtract...


blindness of one eye, having only light perception, will be held to exist when there is inability to recognize test letters at 1 foot (.30m.) and when further examination of the eyes...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR4.80] [Page 396] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart B--Disability Ratings Secs. 4.81-4.82 [Reserved] ...


impairment of visual acuity, a person not having the ability to read at any one of the scheduled steps or distances, but reading at the next scheduled step or distance, is to be rated...


found from table V by intersecting the horizontal row appropriate for the Snellen index for one eye and the vertical column appropriate to the Snellen index of the other eye....


substantial difference between the near and distant corrected vision, the case should be referred to the Director, Compensation and Pension Service. [40 FR 42537, Sept....


Eye ------------------------------------------------------------------------ ...


for VA purposes must be conducted by a state-licensed audiologist and must include a controlled speech discrimination test (Maryland CNC) and a puretone audiometry...


at each of the four specified frequencies (1000, 2000, 3000, and 4000 Hertz) is 55 decibels or more, the rating specialist will determine the Roman numeral designation...


...


...


chronic fatigue syndrome requires: (1) new onset of debilitating fatigue severe enough to reduce daily activity to less than 50 percent of the usual level for at least six...


chronic fatigue syndrome requires: (1) new onset of debilitating fatigue severe enough to reduce daily activity to less than 50 percent of the usual level for at least six...
...


19, 1968. ------------------------------------------------------------------------ ...


Public Law 90-493 repealed section 356 of title 38, United States Code which provided graduated ratings for inactive tuberculosis. The repealed section, however, still applies to...


(a) Rating coexisting respiratory conditions. Ratings under diagnostic codes 6600 through 6817 and 6822 through 6847 will not be combined with each other. Where there is lung or...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR4.97] [Page 412] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart B--Disability Ratings Secs. 4.100-4.103 [Reserved] ...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR4.97] [Page 412] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 4--SCHEDULE FOR RATING DISABILITIES--Table of Contents Subpart B--Disability Ratings Secs. 4.100-4.103 [Reserved] ...
...


specific for rating purposes. Manifest differences in ulcers of the stomach or duodenum in comparison with those at an anastomotic stoma are sufficiently recognized as...


may occur following anastomotic operations of the stomach. When present, those occurring during or immediately after eating and known as the ``dumping syndrome''...


term ``substantial weight loss'' means a loss of greater than 20 percent of the individual's baseline weight, sustained for three months or longer; and the term ``minor...


particularly within the abdomen, which, while differing in the site of pathology, produce a common disability picture characterized in the main by varying degrees of...


7301 to 7329, inclusive, 7331, 7342, and 7345 to 7348 inclusive will not be combined with each other. A single evaluation will be assigned under the diagnostic code which...


of transient albumin and casts following acute febrile illness be taken as nephritis. The glomerular type of nephritis is usually preceded by or associated with severe...


genitourinary system generally result in disabilities related to renal or voiding dysfunctions, infections, or a combination of these. The following section provides descriptions...


...


...


...


Rating ------------------------------------------------------------------------ 7800...


...


be rated in proportion to the impairment of motor, sensory or mental function. Consider especially psychotic manifestations, complete or partial loss of use of one or more...


epileptiform attacks, neurological observation in a hospital adequate to make such a study is necessary. To warrant a rating for epilepsy, the seizures must be witnessed or...


condition that is characterized by seizures and not uncommonly by a chronic psychiatric disturbance as well. (a) Psychomotor seizures consist of episodic alterations in...


by loss of reflexes, muscle atrophy, sensory disturbances, and constant pain, at times excruciating, is to be rated on the scale provided for injury of the nerve...


usually by a dull and intermittent pain, of typical distribution so as to identify the nerve, is to be rated on the same scale, with a maximum equal to moderate...


exceptions noted, disability from the following diseases and their residuals may be rated from 10 percent to 100 percent in proportion to the impairment of motor,...


does not conform to DSM-IV or is not supported by the findings on the examination report, the rating agency shall return the report to the examiner to substantiate the...


mental disorder, the rating agency shall consider the frequency, severity, and duration of psychiatric symptoms, the length of remissions, and the veteran's capacity for...


personality disorders are not diseases or injuries for compensation purposes, and, except as provided in Sec. 3.310(a) of this chapter, disability resulting from them may not...


has been assigned a total evaluation due to a continuous period of hospitalization lasting six months or more, the rating agency shall continue the total evaluation...


develops in service as a result of a highly stressful event is severe enough to bring about the veteran's release from active military service, the rating agency shall assign...


this portion of the rating schedule is based upon the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, of the American Psychiatric Association (DSM-IV)....


this portion of the rating schedule is based upon the Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, of the American Psychiatric Association (DSM-IV)....
...


policy has been understated, the amount of the insurance payable under the policy shall be such exact amount as the premium paid would have purchased at the correct age;...


on a premium paying status are paid-up and no premiums are required to maintain such policies and provisions in force. [48 FR 1960, Jan. 17, 1983. Redesignated and...


for the reason of fraudulent enlistment shall not invalidate United States Government life insurance issued on the basis of such service unless the Secretary determines that...


provisions of 38 U.S.C. 103(c) and Part 3 this chapter will be followed. [26 FR 1856, Mar. 3, 1961. Redesignated and amended at 61 FR 29024, 29025, June...


his or her lifetime has provided that a designated beneficiary shall be entitled to the proceeds of United States Government life insurance only if such beneficiary shall survive...


the right at any time and from time to time and without the consent or knowledge of the beneficiary to change the beneficiary. A change of beneficiary must be made by written...


Government life insurance policy shall be subject to levy for taxes due the United States by such beneficiary. (b) The provisions of 38 U.S.C. 5301(b) which entitle the...


select an optional settlement. Such optional settlement may be revoked by written notice. If the insured does not select one of the optional settlements, as set out under...


the insured the designated beneficiary may elect to receive the proceeds of insurance in installments spread over a greater period of time than that selected by the insured and...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR6.10] [Page 460] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 6--UNITED STATES GOVERNMENT LIFE INSURANCE--Table of Contents Sec. 6.10 Options. Insurance will be payable in one sum only when selected by the insured during his or her lifetime or by his or her last will and testament. [61 FR 29025, June 7, 1996] Dividends ...


on the date preceding the anniversary of the policy unless the Secretary shall declare them payable on some other date. (b) If the insured has a National Service Life...


special dividends shall not be accepted to accumulate on deposit or as a dividend credit. (Authority: 38 U.S.C. 1944) [36 FR 368, Jan. 12, 1971, as amended at...


the United States will lend to the insured on the sole security of his/her United States Government Life Insurance policy any amount which shall not exceed 94 percent of...


of the first policy year on any plan of United States Government Life Insurance other than the special endowment at age 96 plan policy; all values, reserves, and net...


the first policy year; all values and net single premiums are as prescribed by the [[Page 462]] Secretary and published in VA Pamphlet 90-2A. The cash value at the end...


insured may elect to receive payment in monthly installments under option 2 as set forth in the insurance contract or as a refund life income option. If the insured dies before...


or death, any indebtedness, unless paid off in cash, shall be liquidated by reducing the amount of each monthly installment in the proportion which the indebtedness bears to...


also will be deemed to be total and permanent disabilities: Organic loss of speech; permanently helpless or permanently bedridden. (b) Organic loss of speech will mean...


yearly renewable term insurance or United States Government life insurance, the proof of death shall be established in accordance with the provisions of Part 3 of...


United States and the United States Government Life Insurance Fund for waiver of payment of premiums, payment of total, total permanent disability, and death insurance benefits...


certified by the appropriate Veterans Services Officer under Sec. 13.55 of this title to receive benefits in a fiduciary capacity for an insured or beneficiary. (b)...


equal or higher rank than the insured, on the insured's application, may be accepted as a certification that the insured is a person in the military service. (b) If the insured...


not, because of such provision, place the policy outside the protection of the Act if it is otherwise eligible for protection. [[Page 464]] (b) An annuity contract, if...


(a) The premium on a policy will be calculated on an annual basis, and if the annual premium is not stated on the policy, the insurer will make a calculation of the...


or corporation to submit an application on his or her behalf. The designation must be in writing, signed by the insured and attached to the application. (b) When an...


or be forfeited for the nonpayment of a premium or the nonpayment of any indebtedness or interest during the period of military service of the insured and two years after...


will not include a termination or maturity of a policy as a disability claim, and the policy will continue under the provisions of the Act as if there had been no maturity, but...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR7.8] [Page 465] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 7--SOLDIERS' AND SAILORS' CIVIL RELIEF--Table of Contents Sec. 7.8 Beneficiary or assignee. The consent of a beneficiary, assignee, or any other person who may have a right or interest in the proceeds of the policy is not a prerequisite for placing a policy under the protection of the Act. [61 FR 29026, June 7, 1996] ...


health'' mean? The term good health means that the applicant is, from clinical or other evidence, free from any condition that would tend to: (1) Weaken normal physical...


Insurance). (a) What is the effective date of the policy? The effective date is the date policy coverage begins. Benefits due under the policy are payable any...


(b) How can policyholders pay premiums? Premiums can be paid by: (1) Cash, check, or money order directly to VA. (2) Allotment from service...


cannot be granted is that the policy had lapsed, the insurance will be considered in force under premium-paying conditions on the date of death or the date of commencement of...


policy which is not lapsed may authorize the monthly deduction of premiums from disability compensation, death compensation, dependency and indemnity...


of premiums shall be effective on the month the authorization for such deduction is received by the Department of Veterans Affairs or on any successive month specified by...


National Service life insurance or for applying for reinstatement thereof, or paying premiums due thereon, falls on a Saturday, Sunday, or legal holiday, the time period will...


which lapses and which is not surrendered for a cash value or for paid-up insurance, may be reinstated upon written application signed by the applicant, payment of all premiums...


tender of premiums are made: (a) Within 6 premium months including the premium month for which the unpaid premium was due, provided the applicant be in as good health...


within 5 years after the date of lapse if the insurance was issued under 38 U.S.C. 1925, must submit a written application signed by him or her and furnish satisfactory evidence...


and receive such dividends from gains and savings as may be determined by the Secretary of Veterans Affairs. Dividends becoming payable after January 1, 1952, shall be payable on...


Sec. 8.14(b), shall become effective at the completion of the first policy year on any plan of National Service Life Insurance other than the 5-year level premium term plan. The...


(a) Effective January 1, 1971, in lieu of payment of the cash surrender value in one sum the insured may elect to receive payment in monthly installments under option 2 or as a refund...


payment of any subsequent premium, and upon the execution of a loan agreement satisfactory to the Secretary, the United States will lend to the insured on the security of his or...


(a) After the expiration of the first policy year and upon default in the payment of a premium within the grace period, if a permanent plan National Service Life...


If a National Service Life Insurance policy on any plan other than 5-year level premium term or limited convertible 5-year level premium term plan has not been surrendered for...


on the level premium term plan which is in force may be exchanged for a permanent plan policy upon written application by the insured and the payment of the current monthly...


deem same necessary. In the event it is found that an insured is no longer totally disabled, the waiver of premiums shall cease as of the date of such finding, and the...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR8.18] [Page 478-479] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 8--NATIONAL SERVICE LIFE INSURANCE--Table of Contents Sec. 8.18 Total disability--speech. The organic loss of speech shall be deemed to be total disability under National Service Life Insurance. [67 FR 54738, Aug. 26, 2002] [[Page 479]] Beneficiaries ...


knowledge or consent of the beneficiary to cancel or change a beneficiary and/or optional settlement designation. A change of beneficiary or optional settlement to be effective must...


marriage, the provisions found in Part 3 of this chapter will be followed. [26 FR 1856, Mar. 3, 1961. Redesignated and amended at 61 FR 29290, 29293, June 10, 1996. Redesignated at...


the insurance payable under the policy shall be such exact amount as the premium paid would have purchased at the correct age; if overstated, the excess of premiums paid shall...


National Service Life Insurance or of an applicant for reinstatement of National Service Life Insurance, such examination may be made by a medical officer of the United States...


may be made by a medical officer of the United States Army, Navy, Air Force, or Public Health Service, or may be made at Government expense by a full-time or part-time...


to physical or mental examinations for insurance purposes at regional offices or medical facilities shall be furnished when the insured is ordered to report for examination at...


will and testament. [61 FR 29293, June 10, 1996. Redesignated at 65 FR 7437, Feb. 15, 2000, and further redesignated at 67 FR 54739, Aug. 26, 2002] ...


part of National Service Life Insurance on the 5-year level premium term plan, [[Page 481]] in any multiple of $500 and not less than $1,000, which is not lapsed at the...


has provided that a designated beneficiary shall be entitled to the proceeds of National Service life insurance only if such beneficiary shall survive him for such period (not...


reinstated if the insured meets the same requirements as those for reinstatement of the [[Page 482]] policy to which the total disability income provision is attached;...


and policy plans are subject in all respects to the applicable provisions of title 38 U.S.C., amendments and supplements thereto, and applicable Department of Veterans...


the Board of Veterans Appeals involving questions pertaining to the denial of applications for insurance, total disability income provision, or reinstatement; disallowance of...


insurance purposes and it is found that such disability remained continuously in effect for 20 or more years, the finding will not be discontinued thereafter, except upon a...


an insured or beneficiary has the authority to take the following actions: (a) Apply for insurance or for conversion of a policy or change of plan; (b) Reinstate a policy; ...


prefixed with ``V'' or Veterans Special Life Insurance policy prefixed with ``RS,'' issued on a 5-year level premium term plan in which premiums have been capped (frozen) at...


necessary land therefor, that has been or will be purchased, constructed, or remodeled with a grant to meet the needs of an eligible veteran and of his or her family, and is or will...


her life during periods he or she is obligated under a mortgage loan, except that, as to an individual housing unit, whenever there is a reduction in the actual amount of insurance...


on that date, the eligible veteran was obligated under a mortgage loan, and any such eligible veteran is automatically insured, unless he or she elects in writing not to be insured,...


in the principal of the mortgage loan, whether or not the mortgage loan is amortized, and (2) in addition, if the mortgage loan is amortized, according to the schedule for...


to those definitions in 38 U.S.C. 101 and 1965: (a) The term policy means Group Policy No. G-32000, which was effective September 29, 1965, purchased from...


will be in accordance with provisions set forth in 38 U.S.C. 1967. (b) The effective date of Veterans' Group Life Insurance will be as follows: (1) For members...


or be reduced at midnight of the last day of the month a member's written notice requesting such termination or reduction is received by his or her uniformed service. In the...


is subject to the provisions of 38 U.S.C. 1970 and 1977 and the following provisions: (a) Any designation of beneficiary or settlement option election made by any...


38 U.S.C. 1970 and the following provisions: (a) If proceeds are to be paid in installments, the first installment will be payable as of the date of death. The amount of...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR9.6] [Page 490] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 9--SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE--Table of Contents Sec. 9.6 Assignments. Servicemembers' Group Life Insurance, Veterans' Group Life Insurance and benefits thereunder are not assignable. [40 FR 4135, Jan. 28, 1975. Redesignated at 61 FR 20135, May 6, 1996] ...


conclusive under the policy with respect to the following: (1) The status of any person being within the term member and whether or not he or she is covered at any point of...


38 U.S.C. 1968 and Sec. 9.3 of this part and the following provisions: (a) In the case of a member whose coverage is forfeited under 38 U.S.C. 1973, coverage terminates at...


active duty or active duty for training under a call or order to duty that specifies a period of less than 31 days, and a member insured during inactive duty training scheduled...


disability or aggravated a preexisting disability during a period of active duty or active [[Page 492]] duty for training under a call to duty specifying a period of less than...


reinsuring and converting companies: (a) The company must be a legal reserve life insurance company as classified by the insurance supervisory authorities of the State...


be based upon the following: (a) An amount of the total life insurance in force under the policy in proportion to the company's total life insurance in force in the United...


address of the insuring company upon written request of a member of the uniformed services or his or her beneficiary. Actions at law or in equity to recover on the policy, in which...


a payment of a portion of your Servicemembers' Group Life Insurance or Veterans' Group Life Insurance to you before you die. (b) Who is eligible to receive an Accelerated...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR10.0] [Page 496] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 10--ADJUSTED COMPENSATION--Table of Contents Sec. 10.0 Adjusted service pay entitlements. A veteran entitled to adjusted service pay is one whose adjusted service credit does not amount to more than $50 as distinguished from a veteran whose adjusted service credit exceeds $50 and who therefore is entitled to an adjusted service certificate. ...


certificate issued pursuant to the provisions of section 501 of the World War Adjusted Compensation Act, without bad faith, has not received such certificate, or if prior to...


pursuant to the provisions of section 501 of the World War Adjusted Compensation Act, or the person entitled to payment thereon will be required to furnish evidence of...


a duplicate adjusted service certificate in all cases where the certificate was lost after receipt by the veteran, or after receipt by the veteran was defaced or mutilated and cannot...


certificate will be issued without bond in lieu of the certificate which has been lost or destroyed, or has been mutilated, defaced or damaged so as to impair its value, while...


been issued pursuant to the provisions of section 501 of the World War Adjusted Compensation Act may name more than one beneficiary to receive the proceeds of his adjusted...


be made: (a) By notice signed by the veteran or his duly authorized agent, and delivered or properly mailed to the Department of Veterans Affairs during the lifetime of...


cancellation of a previous designation of beneficiary, shall be considered as a change in beneficiary, and shall be subject to the approval of the Secretary and subject to...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR10.18] [Page 497] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 10--ADJUSTED COMPENSATION--Table of Contents Sec. 10.18 Approval of application for change of beneficiary heretofore made. Any application for a change of beneficiary heretofore made may be approved if it meets the requirements set out in Secs. 10.16 and 10.17. ...


adjusted service certificates issued pursuant to the World War Adjusted Compensation Act, as amended, is required in accordance with instructions printed on said forms. Such...


Act, as amended, becomes payable to the estate of any decedent and the amount thereof is not over $500 and an administrator has not been or is not to be appointed,...


certificate, issued pursuant to the provisions of section 501 of the World War Adjusted Compensation Act, is deceased, and if, after receipt by the veteran, the adjusted...


to the provisions of section 501 of the World War Adjusted Compensation Act, is deceased, and if the certificate was lost or destroyed wholly or in part or was so defaced as...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR10.27] [Page 498] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 10--ADJUSTED COMPENSATION--Table of Contents Sec. 10.27 Definitions. For the purpose of Secs. 10.28 to 10.47, the word Act as used herein refers to the World War Adjusted Compensation Act, as amended; the word Veteran refers to that term as defined in section 2 of title I of said Act; the word Director refers to the Secretary of Veterans Affairs. ...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR10.28] [Page 498] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 10--ADJUSTED COMPENSATION--Table of Contents Sec. 10.28 Proof of death evidence. Evidence required in establishing proof of death under the act, as amended, shall conform with the requirements set forth in the regulations of the Department of Veterans Affairs. ...


defined in section 601 of title VI of the Act, as amended, who makes claim for the benefits of the Act in consequence of the death of a dependent who made application and who...


making and filing application, shall be required to furnish proof of remarriage in accordance with the requirements for proof of remarriage as outlined in regulations of...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR10.31] [Page 499] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 10--ADJUSTED COMPENSATION--Table of Contents Sec. 10.31 Dependency of mother or father. Claims of a mother or father for the benefits to which either may be entitled under the World War Adjusted Compensation Act, as amended, shall be supported by a statement of fact of dependency made under oath by the claimant and witnessed by two persons. ...


for the purposes of the act when it is established as a fact that the mother or father of a deceased veteran did not have sufficient means from all sources for a...


to dependency, and upon such investigation of such facts as may be warranted. The following facts as existing at the time of the death of the veteran, or at any time...


meaning of section 602(c) or section 312(c) of the Act, as amended, shall be required to submit proof of age in accordance with the requirements as set forth in regulations of...


her unmarried status as outlined in section 202(c) or section 312(c)3 of the Act, as amended, shall be supported by a statement of fact, under oath, of such status, together with one...


that term as used in section 602(a) or section 312(c)1 of the Act, as amended, claimant shall be required to establish: (a) A valid marriage, such marriage to be shown by the...


death of the veteran the widow will be required to establish: (a) That the living apart was not due to her willful act, and (b) Actual dependency upon the veteran at the time...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR10.38] [Page 500] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 10--ADJUSTED COMPENSATION--Table of Contents Sec. 10.38 Proof of age of veteran's child. A child of a veteran shall be required to submit proof of age in accordance with the requirements set forth in the regulations of the Department of Veterans Affairs. ...


child over 18 years of age was incapable of self-support at the death of the veteran or that he became incapable of self-support subsequent to the death of the veteran but on or...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR10.40] [Page 501] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 10--ADJUSTED COMPENSATION--Table of Contents Sec. 10.40 Payment on account of minor child. Payments to a minor child shall be made to the legally constituted guardian, curator or conservator, or to the person found by the director to be otherwise legally vested with the care of the child. ...


legally adopted; (c) A stepchild if a member of the veteran's household at the time of the death of the veteran, or (d) An illegitimate child but as to the father only...


be supported by a certified copy of the court record of such adoption. A claim of a stepchild of a veteran shall be supported by an affidavit of his or her legal guardian, stating...


supported by an affidavit of said guardian, in the capacity of guardian, setting forth the names, ages, and addresses of all living children of the deceased veteran, or, if there...


section 601 of the Act, as amended, includes stepmothers, stepfathers, mothers and fathers through adoption, and persons who, for a period of not less than one year, have stood...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR10.45] [Page 502] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 10--ADJUSTED COMPENSATION--Table of Contents Sec. 10.45 Definition of ``widow''. The term widow as used in the regulations in this part includes widower. ...


(b)(1), required by Secs. 10.28 to 10.44 shall be subscribed and sworn to before an officer vested with authority to administer oaths, in the place where such statements are...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR10.47] [Page 502] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 10--ADJUSTED COMPENSATION--Table of Contents Sec. 10.47 Use of prescribed forms. Statements required by the regulations in this part should be submitted on forms provided by the Department of Veterans Affairs, when conveniently available. Payments ...


authorized in sections 601 and 603, respectively of title VI of the World War Adjusted Compensation Act, as amended, will be made as of the first day of the calendar...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR10.51] [Page 502] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 10--ADJUSTED COMPENSATION--Table of Contents Sec. 10.51 Payments to minor child. Payments to minor child through legal guardian, natural guardian, or self. (See Sec. 10.40.) ...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR10.52] [Page 502] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 10--ADJUSTED COMPENSATION--Table of Contents Sec. 10.52 Duplication of payments prohibited. Duplication of payments shall not be made in case of change of beneficiary. (See Sec. 10.16.) [[Page 503]] ...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR10.53] [Page 503] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 10--ADJUSTED COMPENSATION--Table of Contents Sec. 10.53 Payment on duplicate certificate. Issuance of duplicate adjusted service certificates and payment of claims based upon lost, destroyed, or mutilated, adjusted service certificates. (See Secs. 10.1 to 10.4, 10.24 and 10.25, respectively.) ...


which the applications were filed, but no certificates are dated prior to January 1, 1925. Loans on the security of such certificates may be made at any time after the date of...


loan on his adjusted service certificate and neither the beneficiary nor any other person than the veteran has any rights in this respect. The person to whom the loan is made must...


laws of any State, Territory, possession, or the District of Columbia, hereinafter referred to as any bank, is authorized to loan to any veteran upon his promissory note secured...


Certificate may sell the note to any bank authorized to make a loan to a veteran and deliver the certificate to such bank. In case a note secured by an Adjusted Service...


a waiver of demand, notice and protest by such bank as to its own endorsement exclusively, and subject to regulations to be prescribed by the Federal Reserve Board, any such...


of Veterans Affairs to redeem all loans made in accordance with the law and regulations made pursuant thereto, when such loans are made in good faith to the veteran to whom...


amount of the unpaid principal and the unpaid interest shall be immediately due and payable. In such case, or if the veteran dies on the day the loan matures or within six...


Veterans Affairs, the note and certificate must be accompanied by an affidavit of a duly authorized officer (the capacity in which the officer serves must be shown) of...


note will be canceled and both the note and certificate will be retained in the files of the Department of Veterans Affairs until such time as settlement...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR11.89] [Page 506] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 11--LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES-- Table of Contents Sec. 11.89 Notification of veteran. When a note is redeemed notification will be sent to the veteran at his last known address, advising him that the Department of Veterans Affairs holds his note, and outlining the conditions governing repayment. ...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR11.91] [Page 506] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 11--LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES-- Table of Contents Sec. 11.91 Repayment of loans. Should the veteran so desire, he may repay the amount due on his note in full or in installments. ...


will be deducted from the face value of the certificate the amount of the unpaid principal of the note of the veteran and the unpaid interest thereon through September 30, 1931. ...


to any veteran, upon his promissory note secured by his adjusted service certificate, in any amount in even dollars not less than $10 and not in excess of the loan value of...


will be identified as the person entitled to the certificate offered as security. Such identification will be made in accordance with Sec. 11.114. [19 FR 5086, Aug....


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR11.100] [Page 506] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 11--LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES-- Table of Contents Sec. 11.100 Form of note. The form of note used in making loans secured by adjusted service certificates shall follow Form 1185. ...


from year to year for periods of one year in the amount of the principal plus interest accrued to the end of the immediately preceding expired loan year, which total...


of the Department of Veterans Affairs, Washington, DC 20420. [13 FR 7126, Nov. 27, 1948, as amended at 54 FR 34982, Aug. 23, 1989] Application for Payment of Adjusted...


of an adjusted service certificate is received in the Department of Veterans Affairs prior to the maturity date of the certificate, payment will be made under the terms of...


service certificate has been issued. (a) A legally appointed guardian of an incompetent veteran. An application submitted by a legally appointed guardian must be...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR11.111] [Page 507] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 11--LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES-- Table of Contents Sec. 11.111 Form of application. Application must be made on Department of Veterans Affairs Adjusted Compensation Form 1701. [13 FR 7127, Nov. 27, 1948] ...


applying therefor will be identified as the person entitled to the settlement for which an application is made. If made in the United States or possessions, certification will...


service certificate, unless the certificate is being held in the Department of Veterans Affairs as collateral for a loan, must be forwarded to the Manager, Veterans...


the Adjusted Compensation Payment Act, 1936, but before it is filed, it may be filed by any person and will be considered valid if found to bear the bona- fide signature of...


an application, disclosing an intention to claim the benefits of this Act, has been filed and the application cannot be found, such application shall be presumed,...


an adjusted service certificate is received in the Department of Veterans Affairs subsequent to the date of maturity of the certificate, payment will be made under the terms...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR11.126] [Page 509] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 11--LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES-- Table of Contents Sec. 11.126 Form of application. Either demand for payment (Form 1748) of application (Form 1701) may be used by the veteran or his legal representative in applying for final settlement of a matured certificate. ...


therefor will be identified as the person entitled to payment for which application is made. Such identification will be accepted if made by an authorized person as stated...


having filed application for final settlement under the Adjusted Compensation Payment Act, 1936, and the certificate has not matured, payment will be made to the last...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR11.129] [Page 509] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 11--LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES-- Table of Contents Sec. 11.129 Form of application for payment of deceased veteran's certificate. Demand for payment (VA Form 8-582) is the proper form for use in applying for payment of the amount due on a deceased veteran's certificate. ...


certificate, accompanied by the adjusted service certificate, unless it is held in the Department of Veterans Affairs as collateral for a loan, must be forwarded to...


Affairs medical centers or other field facilities, or who are discharged or who elope, or are absent without leave therefrom, and in respect to property found thereat, the...


cared for or who is hereafter admitted to receive care as such at a Department of Veterans Affairs field facility, unless it be detrimental to his or her health, will be requested...


a person to receive funds or effects; but if he or she has a guardian the guardian will be requested to make such designation of himself or herself or another person to...


a field facility, as defined in Sec. 12.0(b), a survey and inventory of the funds and effects of such beneficiary will be taken in the following manner: (1) If the death...


his or her designated representative, all funds, as defined in Sec. 12.0 (except funds on deposit in Personal Funds of Patients derived from gratuitous benefits under laws...


regional office of a veteran admitted as competent, or the designee fails or refuses to claim the funds and effects as defined in Sec. 12.0(a) within 90 days following the mailing...


or who have been discharged or have eloped (and who are not to be returned to the field facility) will be disposed of as follows: (1) To the owner if competent, or if deceased...


to property known to be that of any person dying in or discharged or absent without leave from a Department of Veterans Affairs field facility other than a veteran admitted...


domiciliary care, heretofore or hereafter left at a Department of Veterans Affairs field facility, the owner of which is discharged or absent without leave or who has eloped and is...


such to a field facility, the Manager or his or her designated representative will cause notice (parts I and V of VA Form 10-1171) to be sent to the designate: Provided, however, That...


will be made by public auction by the manager (or any employee designated by him or her) at the time and place stated in the notice of sale. The property will be sold to the...


veteran has title to property in a veteran's possession at the time of death, nothing contained in Secs. 12.0 to 12.12 shall be...


all persons who bring property on premises of the Department of Veterans Affairs may be advised of the existence of the act of June 25, 1938 (38 U.S.C. 16-16j), and that it affects...


a person who was not admitted as a veteran, or immediately after it is ascertained that any such person has absented himself or herself from such field facility, a survey and inventory...


possible. No expense will be incurred by the Government for shipment of the effects. (b) In making disposition of funds and effects the manager will release the funds to...


for 90 days after the death or departure of the owner shall be sold in the manner provided by Sec. 12.8. The owner, his or her personal representative, or next of kin may...


Marine Corps of the United States. (a) The manager will notify the commanding officer of the death or absence of such patient and will deliver to the commanding officer,...


any Department of Veterans Affairs hospital, center, or domiciliary activity or in any Federal, State, or private hospital or other institution, while being furnished care or...


Care, includes notice to the applicant that the acceptance of care or treatment by any veteran shall constitute acceptance of the provisions of the act. Similar notice shall...


or domiciliary activity while receiving care or treatment therein, and who it is believed leaves no will or heirs or next of kin entitled to his or her personal property,...


Fund, including stocks, bonds, checks, bank deposits, savings certificates, money orders, and similar assets, will be sold or otherwise converted into cash, except that...


of a veteran theretofore or thereafter deposited to the General Post Fund are subject to the valid claims of creditors presented to the Department of Veterans Affairs within 1...


service will be maintained by an employee designated by the Manager to be known as the lost and found custodian. VA Form 3771, Record of Lost or Found Article, will be used...


501 to reflect action under 38 U.S.C. 512 and to implement 38 U.S.C. 5301, 5502, 5503, 5711 and 8520. The duties, the delegations of authority, and all actions required of...


and other employees who are qualified and designated by the field facility Director are authorized, when assigned, to conduct investigations (field examinations) and...


committees, and through the General Counsel with local and State bar associations, to the end that deficiencies of the State laws relating to Department of...


to receive Department of Veterans Affairs benefits in a fiduciary capacity. (a) Authority. The Veterans Service Center Manager is authorized to select and...


incompetent may be paid directly to the veteran in such amount as the Veterans Service Center Manager determines the veteran is able to manage with continuing supervision by...


pay of a veteran rated or judicially declared incompetent, may be paid to the veteran's spouse, provided the spouse is qualified to administer the funds payable and agrees...


to the person or legal entity to be appointed legal custodian to receive Department of Veterans Affairs payments on behalf of a beneficiary who is incompetent or under...


the fiduciary appointed by a State court for a beneficiary who is a minor, or incompetent or under other legal disability adjudged by a court of competent jurisdiction. Formal...


payment of all or part of the pension, compensation or emergency officers' retirement pay payable in behalf of a veteran rated incompetent by the Department of Veterans Affairs to...


who is a recognized ward of the Government, may be awarded to the superintendent or other bonded officer designated by the Secretary of the Interior to receive funds under 25...


which is suspended or withheld because payment may not be properly made to an existing fiduciary, may be paid temporarily to the person having custody and control of...


(a) Authority. The Veterans Service Center Manager is authorized to determine when a commission is necessary in order to obtain the services of a fiduciary, except that...


benefits, the number of beneficiaries for whom an individual fiduciary may act will be limited to the number the fiduciary may be reasonably expected to properly serve....


or domiciliary care by United States or political subdivision thereof. When compensation, pension or emergency officers' retirement pay is payable in behalf of...


or emergency officers' retirement pay for the cost of a veteran's hospital treatment, institutional or domiciliary care in an institution operated by a political subdivision of...


of funds from Personal Funds of Patients for the needs of veterans and their dependents, including amounts fixed by statute or administrative regulations as the cost of...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR13.73] [Page 526] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 13--VETERANS BENEFITS ADMINISTRATION, FIDUCIARY ACTIVITIES--Table of Contents Secs. 13.74-13.77 [Reserved] ...


Center Manager may, when he or she deems it necessary for the protection of the beneficiary's interests: (1) Require an accounting, formal or informal, of Department...


minors should be used for their benefit. Such funds should be expended only to the extent the person or persons responsible for their needs are unable to provide for them,...


custodian of VA benefits of an incompetent veteran who has neither spouse nor child and who is being furnished hospital treatment or institutional or domiciliary care by the...


other than a spouse payee or an institutional award payee may be invested only in United States savings bonds, or in interest or dividend-paying accounts in State...


may be required from court-appointed fiduciaries as provided by State law, but in no event less frequently than once every 3 years. Arrangements will be made with the...


legal custodian, custodian-in-fact or chief officer of a private institution recognized to administer Department of Veterans Affairs benefits on behalf of a beneficiary, to furnish...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR13.107] [Page 528] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 13--VETERANS BENEFITS ADMINISTRATION, FIDUCIARY ACTIVITIES--Table of Contents Secs. 13.108-13.109 [Reserved] ...


Department of Veterans Affairs benefits was made to a court- appointed fiduciary, legal custodian, custodian-in-fact, or by institutional award, the fiduciary (or the...


any of the laws relating to veterans are exempt, either before or after receipt by the beneficiary, from the claims of creditors and State and local taxation. The fiduciary...


for the following: (a) All litigation arising in, or out of, the activities of the Department of Veterans Affairs or involving any employee thereof in his or her...


the Regional Counsels are those set forth in this part and all other matters assigned by the General Counsel. (b) In any matter within the jurisdiction of the General...


of law or regulations, shall be made only by the Secretary, the Deputy Secretary, the Assistant Secretaries, the Deputy Assistant Secretaries, and the...


administrative officials in the field for legal advice or assistance will be addressed to the appropriate Regional Counsel and will be in writing if requested by the...


with respect to domestic relations questions as they do with respect to matters covered by Sec. 14.503 except as specifically excluded by the provisions of paragraph (a) of...


together with a complete and accurate summary of relevant facts. Files, correspondence, and other original papers will not be submitted unless pertinent portions thereof...


laws administered by the Department of Veterans Affairs shall be conclusive as to all Department officials and employees with respect to the matter at issue, unless there has been...


Department of Veterans Affairs employees. (a) Suits against United States or Department of Veterans Affairs officials. When a suit involving any activities of the Department...


substance (including title actions) in which Sec. 36.4282 or Sec. 36.4319 of this chapter has been complied with, the Regional Counsel is authorized to enter the appearance of...


to possession of assets or property under the escheat provisions of 38 U.S.C. 5502(e), the gifts provisions of 38 U.S.C. ch. 83 or the General Post Fund provisions of 38 U.S.C....


maintain such close liaison with the State and Federal courts as to insure that notice will be afforded the Department of Veterans Affairs on all cases affecting the Department...


official capacity. (a) Service of process generally. An employee, at a field facility, served with a writ of habeas corpus involving a beneficiary of the Department of...


of the Assimilative Crime Act (18 U.S.C. 13). The Department of Justice, or the U.S. Attorneys, are charged with the duty and responsibility of interpreting...


cases involving personnel or claims, the General Counsel, if the file is in Central Office, or the Regional Counsel at the regional office, hospital or center, if the file is in...


no demand for payment or adjustment will be made without the advice of the U.S. Attorney. However, if, before or after submission, the potential defendant or other...


Act (28 U.S.C. 1291, 1346, 1402, 2401, 2402, 2411, 2412, and 2671 through 2680) prescribes a uniform procedure for handling of claims against the United States, for money only,...


involving a Government-owned vehicle which results in property damage or personal injury or death will be made by the operator of the Government vehicle immediately...


records or other information shall not be released without approval of the Regional Counsel. (b) Request for medical records, documents, reports, or other...


settled or compromised where the claimant owes the Department of Veterans Affairs for unauthorized medical treatment, there will be included in the tort claim award...


United States, predicated on a negligent or wrongful act or omission of an employee of the Department of Veterans Affairs acting within the scope of his or her employment, will...


based upon medical care and treatment furnished in or for the Veterans Health Administration. (a)(1) Section 2679 of title 28 U.S.C., provides that no suit will...


Veterans Affairs may pay tort claims, [[Page 543]] in the manner authorized in the first paragraph of section 2672 of title 28 U.S.C., when such claims arise in foreign countries...


be prepared in the form of a sworn statement and submitted in duplicate. The original copy of the claim will be sworn to or affirmed before an official with authority to...


services were furnished as a result of the negligence of a third party, other than an employee of the United States while acting in the scope of his or her employment, the...


of Veterans Affairs benefits have responsible, qualified representation in the preparation, presentation, and prosecution of claims for veterans' benefits. (Authority:...


(a) Accreditation means recognition by the Department of Veterans Affairs of representatives, attorneys, and agents to represent claimants. (b) Agent means a person...


The Regional Counsel of jurisdiction will resolve any question of current qualifications of a service organization representative, agent, or attorney. The claimant, the...


prosecute one claim. A proper power of attorney, and a statement signed by the person and the claimant that no compensation will be charged or paid for the services, shall be filed...


Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative) or Department of Veterans Affairs Form 22a (Appointment of Attorney or Agent as...


agents shall be verified by the Regional Counsel of jurisdiction. The report of the Regional Counsel, if any, including any recommendation of the Department of Veterans...


be canceled at the request of an agent, attorney, representative, or organization. (b) Accreditation shall be canceled at such time a determination is made that any...


as guardians for claimants, may be represented before adjudicating agencies as authorized representatives of claimants by an officer or employee, including a regularly...


buildings owned or occupied by the Department of Veterans Affairs, for the use of paid full-time representatives of recognized national organizations, and for employees...


prescribe procedures with respect to: (1) When, and under what circumstances, VA will grant authorized claimants' representatives...


a location other than a VA Regional Office must be: (1) An organization, representative, attorney or agent approved or accredited by VA under Secs. 14.626 through 14.635;...


to obtain read-only access to [[Page 555]] the automated claims records of individuals represented, access will be exercised in accordance with the...


revoke an individual's or an organization's access privileges to a particular claimant's records because the individual or organization no longer represents the claimant,...


Reimbursement for Personal Property Damaged or Lost Incident to Employment. It will be submitted to the personnel office where the claim originates within 2 years after it accrues...


additional investigation as is deemed necessary to establish all facts required. If the claimant has a potential claim for indemnification against other than the United States,...


Sec. 14.665 and the preponderance of the evidence establishes that the loss or damage: (1) Actually occurred and the amount claimed is reasonable, (2) Was incident to...


a claim and the reasons therefor. (b) Allowed claims--(1) Reimbursement in kind. Where a claim is allowed and it is determined to be to the advantage of the...


of 1964 (Pub. L. 88-558; 78 Stat. 767) was amended by Pub. L. 89-185 (79 Stat. 789), on September 15, 1965, by adding a new section which provided that no more than 10 percent of...


the Regional Counsel to assure the protection of the veteran, his or her beneficiaries, and their estates in State court proceedings involving commitment and restoration, and...


cooperate with State courts, including the production of required records in the commitment of veterans to State hospitals or in their restoration to full civil rights. ...


State law, Department of Veterans Affairs physicans, upon request of the Regional Counsel, will sign interrogatories or certificates of mental illness or insanity and,...


Sec. 14.701, the Regional Counsel may authorize in advance or thereafter the payment or reimbursement of costs and other expenses for which the veteran is legally...


mentally ill veteran who should be committed is hospitalized by the Department of Veterans Affairs and under the law of the State wherein the hospital is located, a commitment may not be...


The Regional Counsel is authorized to file or cause to be filed on behalf of a petitioner in a case coming within Sec. 14.706(a) a petition for the appointment of a fiduciary...


behalf of minor and incompetent beneficiaries of the Department of Veterans Affairs in fiduciary appointment and estate administration matters involving Department of Veterans...


When the appointment of a fiduciary is required for an incompetent veteran hospitalized by the Department of Veterans Affairs and, under the law of the State wherein the hospital is...


the payment of costs and other necessary expenses incident to the appointment of an initial or successor fiduciary for a Department of Veterans Affairs beneficiary when: ...


to require, where possible under State laws and rules of the court, corporate surety bonds in all court-appointed fiduciary cases where the fiduciary is an individual and the...


prescribe procedures with respect to: (a) The production or disclosure of official information or records of the Department of Veterans Affairs (VA); and (b)...


undertake a VA activity or maintain VA records when the contract covering their actions provides that these regulations apply, as well as the personnel of contractors...


other specific authority or under color of law, for the production, disclosure, or release of VA information or records or for the appearance and testimony of VA personnel...


by Secs. 14.800 through 14.810 only as authorized in accordance with these regulations. In determining whether to authorize testimony or the production of records, the...


the testimony of VA personnel, VA personnel responsible for making the decision should consider the following types of factors: (a) The need to avoid spending the time...


set forth in, or be accompanied by, an affidavit, or if that is not feasible, in, or accompanied by, a written statement by the party seeking the testimony or records or by...


testimony or production of records in legal proceedings, comment or testify or produce records without the prior written approval of the responsible VA official designated in...


testimony or the production of records in connection with legal proceedings as defined in Sec. 14.802(d) is made shall notify the head of his or her field station, or if in...


or expert testimony in any legal proceedings concerning official VA information, subjects or activities, except on behalf of the United States or a party represented by...


In addition to complying with the requirements of Secs. 14.800 through 14.810, requests or demands in legal proceedings for the production of records, or for testimony of VA...


the production of VA records in legal proceedings subject to Secs. 14.800 through 14.810 are services which convey special benefits to the individuals or...


this regulation is to effectuate section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of...


(Secs. 15.101-15.170) applies to all programs or activities conducted by the agency, except for programs or activities conducted outside the United States that do not...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR15.103] [Page 571] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 15--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF VETERANS AFFAIRS-- Table of Contents Secs. 15.104-15.109 [Reserved] ...


(a) The agency shall, by September 6, 1989, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this regulation and, to...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR15.111] [Page 571] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 15--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF VETERANS AFFAIRS-- Table of Contents Secs. 15.112-15.129 [Reserved] ...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR15.130] [Page 572] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 15--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF VETERANS AFFAIRS-- Table of Contents Secs. 15.131-15.139 [Reserved] ...


individual with handicaps shall, on the basis of handicap, be subject to discrimination in employment under any program or activity conducted by the agency. The...


prohibited. Except as otherwise provided in Sec. 15.150, no qualified individual with handicaps shall, because the agency's facilities are inaccessible to or unusable...


facilities. (a) General. The agency shall operate each program or activity so that the program or activity, when viewed in its entirety, is readily accessible to...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR15.151] [Page 574] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 15--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF VETERANS AFFAIRS-- Table of Contents Secs. 15.152-15.159 [Reserved] ...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR15.160] [Page 574] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 15--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF VETERANS AFFAIRS-- Table of Contents Secs. 15.161-15.169 [Reserved] ...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR15.170] [Page 575] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 15--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF VETERANS AFFAIRS-- Table of Contents Secs. 15.171-15.999 [Reserved] ...


all research involving human subjects conducted, supported or otherwise subject to regulation by any federal department or agency which takes appropriate...


employee of any department or agency to whom authority has been delegated. (b) Institution means any public or private entity or agency (including federal, state, and...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR16.103] [Page 580] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 16--PROTECTION OF HUMAN SUBJECTS--Table of Contents Secs. 16.104-16.106 [Reserved] ...


of research activities commonly conducted by the institution. The IRB shall be sufficiently qualified through the experience and expertise of its members, and the diversity of...


in the same detail as described in Sec. 16.103(b)(4) and, to the extent required by, Sec. 16.103(b)(5). (b) Except when an expedited review procedure is used (see Sec....


disapprove all research activities covered by this policy. (b) An IRB shall require that information given to subjects as part of informed consent is in accordance with...


(a) The Secretary, HHS, has established, and published as a Notice in the Federal Register, a list of categories of research that may be reviewed by the IRB through...


all of the following requirements are satisfied: (1) Risks to subjects are minimized: (i) By using procedures which are consistent with sound research design and which do...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR16.112] [Page 582] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 16--PROTECTION OF HUMAN SUBJECTS--Table of Contents Sec. 16.112 Review by institution. Research covered by this policy that has been approved by an IRB may be subject to further appropriate review and approval or disapproval by officials of the institution. However, those officials may not approve the research if it has not been approved by an IRB. ...


is not being conducted in accordance with the IRB's requirements or that has been associated with unexpected serious harm to subjects. Any suspension or termination of...


In the conduct of cooperative research projects, each institution is responsible for safeguarding the rights and welfare of human subjects and for complying with this...


including the following: (1) Copies of all research proposals reviewed, scientific evaluations, if any, that accompany the proposals, approved sample consent...


human being as a subject in research covered by this policy unless the investigator has obtained the legally effective informed consent of the subject or the subject's legally...


by the use of a written consent form approved by the IRB and signed by the subject or the subject's legally authorized representative. A copy shall be given to the person...


agreements, or contracts are submitted to departments or agencies with the knowledge that subjects may be involved within the period of support, but definite plans...


involving human subjects, but it is later proposed to involve human subjects in the research, the research shall first be reviewed and approved by an IRB, as provided in...


(a) The department or agency head will evaluate all applications and proposals involving human subjects submitted to the department or agency through such officers and...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR16.122] [Page 585] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 16--PROTECTION OF HUMAN SUBJECTS--Table of Contents Sec. 16.122 Use of Federal funds. Federal funds administered by a department or agency may not be expended for research involving human subjects unless the requirements of this policy have been satisfied. ...


that department or agency support for any project be terminated or suspended in the manner prescribed in applicable program requirements, [[Page 586]] when the...


conditions prior to or at the time of approval when in the judgment of the department or agency head additional conditions are necessary for the protection of...


in this section: (a) Medical services. The term medical services includes, in addition to medical examination, treatment, and rehabilitative services: (1) Surgical...


(d) Inactive duty training. The term inactive duty training means: (1) Duty (other than full-time duty) prescribed for Reserves (including commissioned officers of the Reserve Corps of...


(d) Inactive duty training. The term inactive duty training means: (1) Duty (other than full-time duty) prescribed for Reserves (including commissioned officers of the Reserve Corps of...


who is familiar with the patient's activities, health, religious beliefs and values, and who has presented a signed [[Page 591]] written statement for the record...


from harm and appropriate privacy with regard to their personal needs. (2) Patients have a right to receive, to the extent of eligibility therefor under the law, prompt...


services, except outpatient dental care, has been filed which requires an adjudication as to service connection or a determination as to any other eligibility prerequisite...


residing outside the United States, without regard to the veteran's citizenship: (a) If necessary for treatment of a service-connected disability, or any disability associated...


Sec. 17.37, a veteran must be enrolled in the VA healthcare system as a condition for receiving the 'medical benefits package' set forth in Sec. 17.38. Note to paragraph (a)(1):...


for service-connected disabilities at 50 percent or greater will receive VA care provided for in the ``medical benefits package'' set forth in Sec. 17.38. (b) A veteran...


and extended care services constitute the ``medical benefits package'' (basic care and preventive care): (1) Basic care. (i) Outpatient medical, surgical, and...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR17.39] [Page 606] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 17--MEDICAL--Table of Contents Sec. 17.39 Certain Filipino veterans. Filipino veterans receiving disability compensation at the full dollar value under Sec. 3.42 of this chapter are eligible for hospital care, nursing home care, and medical services in the same manner as a veteran. (Authority: 38 U.S.C. 501, 1734 [67 FR 41179, June 17, 2002] ...


the Philippines to be made available to patients for whom the Department of Veterans Affairs has authorized care at the Veterans Memorial Medical Center, any such...


be effected when requested by an authorized official, or when found necessary in examination of the following persons: (a) Claimants or beneficiaries of VA for purposes of...


to be eligible for Department [[Page 607]] of Veterans Affairs hospital or domiciliary care to determine their need for such care and to the same categories of persons...


38 U.S.C. 1710, 1722, and 1729, and 38 CFR 17.44 and 17.45, for: (1) Persons in the Armed Forces when duly referred with authorization therefor, may be furnished hospital...


available to members or former members of the uniformed services (Army, Navy, Air Force, Marine Corps, Coast Guard, Coast and Geodetic Survey, now National Oceanic and...


Veterans Affairs hospital when the treatment to be rendered is part of an approved Department of Veterans Affairs research project and there are insufficient...


(a) In furnishing hospital care under 38 U.S.C. 1710(a)(1), VA officials shall: (1) If the veteran is in immediate need of hospitalization, furnish care at VA facility where the...


disability incurred or aggravated in line of duty and who are not in receipt of compensation for service-connected or service-aggravated disability, the official records of...


consistent with Sec. 17.46 to facilitate management of VA health care facilities and to help assure prompt delivery of care. (Authority: 38 U.S.C. 501 and 1721) [51 FR...


inpatient hospital care, the Under Secretary for Health shall give priority to: (a) Veterans with service-connected disabilities rated 50 percent or greater based on one or...


Hospital facilities operated by the Department of Defense or the Public Health Service (or any other agency of the United States Government) may be used for the care of Department of...


Defense or the Public Health Service (or any other agency of the U.S. Government) which do not have beds allocated for the care of Department of Veterans Affairs patients may...


hospital care or medical services because of geographic inaccessibility or are not capable of furnishing care or services required, VA may contract with non-VA facilities...


will only be authorized if a Department of Veterans Affairs medical center or other Federal facility to which the patient would otherwise be eligible for admission is not...


must be authorized in advance. In the case of an emergency which existed at the time of admission, an authorization may be deemed a prior authorization if an...


authorized under 38 U.S.C. 1703 and 38 CFR 17.52 of this part or under 38 U.S.C. 1728 and 38 CFR 17.120 of this part shall be based on a prospective payment system similar to that...


payment for non-VA physician services associated with outpatient and inpatient care provided at non- VA facilities authorized under Sec. 17.52, or made under Sec. 17.120 of...


veteran who has been discharged from a hospital under the direct jurisdiction of VA and is currently receiving VA hospital based home health services. (Authority: 38...


not primarily for a service-connected disability, an extension of nursing care in a public or private nursing home care facility at VA expense beyond six months when the need...


facility if: (a) At the time of initiating the assistance: (1) The veteran is receiving VA medical services on an outpatient basis or VA medical center,...


assistance, in accordance with a statement of needed care, of the daily living activities of referred veterans in an approved home in the community by the facility's provider. ...


a VA inspection and on any findings of necessary interim monitoring of the facility, if that facility meets the following standards: (a) Health and safety standards. The...


to (the effective date of these regulations) may continue to be approved when the standard for Sec. 17.63(c)(3) and/or Sec. 17.63(e)(2) of this part are not met if: (1)...


all previous VA inspections and any necessary interim monitoring for a period of two years. (b) Approval may be valid for up to 15 months if VA finds the facility has...


the standards set forth in Sec. 17.63 of this part, the hearing official shall notify the community residential care facility in writing of: (a) The standards which have not...


request for the hearing must be sent to the hearing official. Timely receipt of a request for a hearing will stay the revocation of VA approval until the hearing official issues...


facility operator of the date, time, and location for the hearing; and (2) Notify the community residential care facility operator that written statements and...


17.66 of this part fail to appear at an oral hearing of which they have been notified or fail to submit written statements for a paper hearing in accordance with Sec. 17.68 of...


oral hearing shall be considered completed when the hearing ceases to receive in person testimony. A paper hearing shall be considered complete on the date by which written...


with the standards set forth in Sec. 17.63 of this part and determines that the community residential care facility shall not have further time to remedy the noncompliance,...


licensing, or otherwise regulating or [[Page 625]] inspecting community residential care facilities. (Authority: 38 U.S.C. 1730) [54 FR 20842, May 15, 1989. Redesignated...


dependence or abuse treatment and rehabilitation may be authorized by contract in nonresidential facilities and in residential facilities provided by halfway houses,...


authorized under Sec. 17.80(a) may be awarded in accordance with applicable Department of Veterans Affairs and Federal procurement procedures. Such contracts will be awarded...


under Sec. 17.80 may be awarded in accordance with applicable Department of Veterans Affairs and Federal procurement procedures. Such contracts will be awarded only after...


any fiscal year only to such extent or in such amounts as are provided in appropriation acts, and payments shall not exceed these amounts. (Authority: Pub. L. 96-22, 38...


as a result of participation in a research project approved by a VA Research and Development Committee and conducted under the supervision of one or more VA employees....


provided to any veteran who is participating in a vocational training program under 38 U.S.C. chapter 15. (a) For purposes of determining eligibility for this medical...


to paragraphs (a) and (b) of this section, retain for 3 years after the termination, the eligibility for hospital care, nursing home care and medical services (not...


when the treatment to be rendered is part of an approved Department of Veterans Affairs research project and there are insufficient veteran-patients suitable for...


under the conditions stated, except that applications for dental treatment must also meet the provisions of Sec. 17.161. (Authority: 38 U.S.C. 1712) (1)...


which charges shall be made as required by Sec. 17.101, may be authorized for persons properly referred by authorized officials of other Federal agencies for which the...


be made as required by Sec. 17.101 may be authorized for employees of the Department of Veterans Affairs, their families, and the general public in emergencies, subject...


medicines ordered by a private or non-Department of Veterans Affairs doctor of medicine or doctor of osteopathy duly licensed to practice in the jurisdiction where the prescription...


pharmacies, the expenses of any prescriptions filled by a private pharmacist which otherwise could have been filled by a Department of Veterans Affairs pharmacy under 38...


to persons who were receiving mental health services in connection with treatment of the veteran under 38 U.S.C. 1710, 1712, 1712A, 1713, or 1717, or 38 CFR 17.84 of this...


will be informed that breaking an additional appointment will be deemed to be a refusal to accept VA treatment. If such a patient fails to keep a second appointment, without at least...


will be informed that breaking an additional appointment will be deemed to be a refusal to accept VA treatment. If such a patient fails to keep a second appointment, without at least...
...


hospital care or medical services (including, but not limited to, dental services, supplies, medicines, orthopedic and prosthetic appliances, and domiciliary or nursing home care)...


Veterans Affairs in connection with the medical program shall be referred as follows: (a) To Chiefs of Fiscal activities. If the debt represents charges made under Sec....


Department of Veterans Affairs in connection with the medical program shall be referred as follows: (a) Of charges for medical services. If the debt represents charges made...


generally will be denied by the facility Fiscal activity on the basis there is no legal authority to waive debts, unless the question of waiver should be referred as follows: ...


receiving domiciliary or nursing home care in facilities under direct and exclusive jurisdiction of the Department of Veterans Affairs, will be maintained by corrective...


inpatient hospital care and outpatient medical care provided to veterans by VA. (b) Copayments for inpatient hospital care. (1) Except as provided in paragraphs (d) or (e)...


(b) Copayments. (1) Unless exempted under paragraph (c) of this section, a veteran is obligated to pay VA a copayment for each 30-day or less supply of medication provided by VA...


to veterans by VA (either directly by VA or paid for by VA). (b) Copayments. (1) Unless exempted under paragraph (f) of this section, as a condition of receiving extended...


hospital or center reservations are subject to the following limitations: (1) All activities must be conducted with proper decorum, and not interfere with the care...


Veterans Affairs hospital or center were or are duly delivered to a designated location for custody and loss of such personal effects has occurred or occurs by fire, earthquake, or...


the Director. The patient will separately list and evaluate each article with a notation as to its condition at the time of the fire, earthquake, or other natural disaster...


personal effects lost by fire, earthquake, or other natural disaster as required under the provisions of Sec. 17.113. The responsible official will make claim for the...


personal property damaged or destroyed by patients or members while such employees are engaged in the performance of their official duties will be adjudicated by the Director of...


or reimbursement of the expenses of care, not previously authorized, in a private or public (or Federal) hospital not operated by the Department of Veterans Affairs, or of...


reimbursement of the costs of emergency hospital care or medical services not previously authorized will not be approved for any period beyond the date on which the medical...


repairs to prosthetic appliances, or similar appliances, therapeutic or rehabilitative aids or devices, furnished without prior authorization, but incurred in the care of...


guardian) or by the hospital, clinic, or community resource which provided the services, or by a person other than the veteran who paid for the services. [39 FR 1844,...


following: (a) The claimant shall specify the amount claimed and furnish bills, vouchers, invoices, or receipts or other documentary evidence establishing that such amount was...


(a) For services rendered in the U.S. Claims for the expenses of care or services rendered in the United States, including the Territories or possessions of the United States, should...


following time limits: (a) A claim must be filed within 2 years after the date the care or services were rendered (and in the case of continuous care, payment will not be...


shall be the postmark date of a formal claim, or the date of any preceding telephone call, telegram, or other communication constituting an informal claim. [39 FR 1844,...


expenses of which may be paid under Sec. 17.120 of this part, the payment of such expenses shall be paid in accordance with Secs. 17.55 and 17.56 of this...


in accordance with the provisions of Sec. 17.126, the expenses of any such care or services rendered prior to the date of filing the claim shall not be paid or reimbursed. In...


treatment was procured through private sources in preference to available Government facilities. [39 FR 1844, Jan. 15, 1974. Redesignated at 61 FR 21966, May...


or any formal claim which is not followed by necessary supporting evidence, within 1 year from the date of the request for a formal claim or supporting evidence shall be...


from non-Department of Veterans Affairs resources has been disallowed, the claimant shall be notified of the reasons for the disallowance and of the right to initiate an...


(VHA). These procedures apply to claims for VHA benefits regarding decisions that are appealable to the Board of Veterans' Appeals (e.g., reimbursement for non-VA care...


in the region or territory (including the Republic of the Philippines) served by such medical installation shall adjudicate all claims for the payment or reimbursement of...


reimbursement of the expenses of services not previously authorized rendered in any foreign country except Canada which will be referred to the VA Medical Center in White River...


Secretary for Health is delegated authority to enter into (a) Sharing agreements authorized under the provisions of 38 U.S.C. 8153 [[Page 659]] and Sec. 17.210 and...


38 U.S.C. 111) (b) Transportation at Government expense shall be authorized for the following categories of VA beneficiaries, subject to the...


to a maximum of $18 in any calendar month. Persons required to make more than six one-way visits per calendar month will receive full travel reimbursement after the $18 cap...


without prior authorization only in those cases where the Department of Veterans Affairs determines that there was a need for prompt medical care which was approved and: (1)...


lenses, hearing aids) only to veterans otherwise receiving VA care or services and only as provided in this section. (b) VA will furnish needed sensori-neural aids...


invalid lifts and therapeutic and rehabilitative devices, and special clothing made necessary by the wearing of such appliances, may be purchased, made or repaired for...


The applicant is a veteran who is receiving (1) special monthly compensation (including special monthly compensation based on the need for aid and attendance) under the provisions of...


decoders) may be furnished to any veteran who is profoundly deaf (rated 80% or more disabled for hearing impairment by the Department of Veterans Affairs) and is entitled...


the use of the appliances. Such training will usually be given in Department of Veterans Affairs facilities and by Department of Veterans Affairs employees, but may be obtained...


be furnished a trained dog-guide. In addition, they may be furnished necessary travel expense to and from their places of residence to the point where adjustment to the...


and establish minimum standards of safety and quality for adaptive equipment provided under 38 U.S.C. chapter 39. (b) In the performance of this function, the...


that such equipment is deemed necessary to insure that the eligible person will be able to operate the automobile or other conveyance in a manner consistent with such...


to the general public to make it safe for use by the claimant, and enable that person to meet the applicable standards of licensure. Adaptive equipment includes any term specified...


any one time or during any four-year period except when due to circumstances beyond control of such person, one of the automobiles or conveyances for which adaptive equipment...


or other conveyance deemed necessary to conduct special driver training courses at Department of Veterans Affairs health care facilities. The Secretary may sell, assign,...


examinations may be authorized for the following classes of claimants or beneficiaries: (a) Those having a dental disability adjudicated as incurred or aggravated in...


in 38 U.S.C. 1712(b) and 38 CFR 17.93 to the extent prescribed and in accordance with the applicable classification and provisions set forth in this section. (a) Class I....


the applicant may be deemed eligible and dental treatment authorized on a one-time basis without rating action if: (a) The examination to determine the need for dental care...


of a nonservice-connected dental condition which was begun while the veteran was receiving Department of Veterans Affairs authorized hospital care. (Authority: 38...


and who has not received such treatment within 3 years after filing the application shall be presumed to have abandoned the claim for dental treatment. [45 FR 6939, Jan. 31,...


established eligibility for outpatient dental care, the treatment will be restricted to the alleviation of pain or extreme discomfort, or the remediation of a dental condition which...


the provisions of Secs. 17.46 and 17.47, will be furnished such dental services as are professionally determined necessary to the patients' or members' overall hospital,...


surviving spouse or known next of kin; or without the consent of the surviving spouse or, in a proper case, the next of kin, unless the patient or domiciled person was abandoned by...


(a) To exercise the powers and functions of the Secretary with respect to the maintenance and operation of the Veterans Canteen Service. (b) To designate the...


Secretary as a State home before Federal aid payments can be made for the care of such veterans. Any agency of a State (exclusive of a territory or possession) responsible for...


of Veterans Affairs. After arranging for an inspection of the State home's facilities for furnishing domiciliary or hospital care, the Under Secretary for Health will make...


of a recognized home which is not on the same or contiguous grounds on which the parent facility is located. When a recognized State home establishes hospital care...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR17.193] [Page 670] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 17--MEDICAL--Table of Contents Sec. 17.193 Prerequisites for payments to State homes. No payment or grant may be made to any State home unless the State home meets the standards prescribed by the Secretary. (Authority: 38 U.S.C. 1742(a)) [45 FR 6939, Jan. 31, 1980. Redesignated at 61 FR 21966, May 13, 1996; 65 FR 968, Jan. 6, 2000] ...


if the veteran is eligible for domiciliary care in a Department of Veterans Affairs facility. (Authority: 38 U.S.C. 1741) [45 FR 6939, Jan. 31, 1980. Redesignated at 61...


(a) The veteran is eligible for hospital care in a Department of Veterans Affairs facility, and (b) The quarters in which the hospital care is carried out are in an...


for domiciliary care; and section 1741(a)(3) for hospital care. In no case shall the payments made with respect to any veteran exceed one-half of the cost of the...


hospital or domiciliary care has been approved by the Department of Veterans Affairs. To obtain such approval, State homes will complete a Department of Veterans...


Such inspections shall be concerned with the physical plant; records relating to admissions, discharges and occupancy; fiscal records; and all other areas of...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR17.200] [Page 671] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 17--MEDICAL--Table of Contents Sec. 17.200 Audit of State homes. The State must comply with the Single Audit Act of 1984 (part 41 of this chapter). (Authority: 31 U.S.C. 7501-7507) [52 FR 23825, June 25, 1987. Redesignated at 61 FR 21966, May 13, 1996] Sharing of Medical Facilities, Equipment, and Information ...


period of war or national emergency declared by the Congress or the President that involves the use of United States Armed Forces in armed conflict, is authorized to...


entered into for sharing medical resources with other hospitals, including State or local, public or private hospitals or other medical installations having hospital facilities or...


Health shall prescribe, Directors of Department of Veterans Affairs medical centers, may enter into agreements with medical schools, Federal, State or local, public or...


shall be coordinated to a maximum extent practicable, with programs carried out under part F, title XVI of the Public Health Service Act under the jurisdiction of the...


programs for the exchange of medical information. The purpose of these grants is to assist medical schools, hospitals, and research centers in planning and carrying out agreements...


7312 a Subcommittee on Academic Affairs, and the Subcommittee shall advise the Secretary, through the Under Secretary for Health, in matters pertinent to achieving the objectives...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR17.252] [Page 674] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 17--MEDICAL--Table of Contents Sec. 17.252 Ex officio member of subcommittee. The Assistant Chief Medical Director for Academic Affairs shall be an ex officio member of the Subcommittee on Academic Affairs. [42 FR 54804, Oct. 11, 1977. Redesignated at 61 FR 21966, May 13, 1996] ...


has in effect or has tentatively approved an agreement with the Department of Veterans Affairs to exchange medical information. [33 FR 6011, Apr. 19, 1968. Redesignated at 61...


include the following evidence, assurances, and supporting documents: (a) To specify amount. Each application shall show the amount of the grant requested, and if the grant is to...


application for a grant for the construction of any facility, structure or system which is part of an exchange of information program shall include the following: (a)...


final action has been taken on the original application. Amended applications and applications for supplemental grants shall be subject to the same terms, conditions and...


be reviewed by the Under Secretary for Health or designee. If it is determined approval of the grant is warranted, recommendations to that effect shall be made to the...


of information or information facilities shall specify that the grant is subject to the following terms and conditions: (a) Grants subject to terms of agreement for exchange...


costs directly paid to personnel or for fringe benefits, rent, publications, educational programs, training, research, demonstration activities, or construction carried out...


not be available for the payment of any hospital, medical, or other costs involving the care of patients except to the extent that such costs are determined to be incident...


amount allocated for indirect costs may be computed on a percentage basis or on the basis of a negotiated lump-sum allowance. In the method of computation used, only...


Group, or any recommendation by the Under Secretary for Health or designee, the final determination on any application for a grant rests solely with the Secretary. [42...


in part, under an agreement at any time prior to the date of completion. Suspension of a grant is an action by the Department of Veterans Affairs which temporarily suspends...


by grant funds are terminated, or where grant-financed equipment or facilities cease to be used for the purposes for which grant support was given, or when...


as appropriate. A letter-of-credit is an instrument certified by an authorized official of the Department of Veterans Affairs which authorizes the grantee to draw funds when...


shall have the right to use such publications or inventions on a royalty-free basis. [33 FR 6013, Apr. 19, 1968. Redesignated at 61 FR 21966, May 13, 1996] ...


Center, Denver, Colorado. Pursuant to 38 U.S.C. 1713, VA is authorized to provide medical care in the same or similar manner and subject to the same or...


for the TRICARE Program or Part A of Title XVIII of the Social Security Act (Medicare) except as provided in paragraph (b) of this section. (1) The spouse or child of a...


for the treatment of a condition and that are not specifically excluded from program coverage. Covered benefits may have limitations. The fact that a physician may...


abuse care including admission of emotionally disturbed children and adolescents to residential treatment centers. (b) All admissions to a partial hospitalization...


is shared with the beneficiary. CHAMPVA pays the CHAMPVA-determined allowable amount less the deductible, if applicable, and less the beneficiary cost share. (b)...


filed with the Center no later than: (1) One year after the date of service; or (2) In the case of inpatient care, one year after the date of discharge; or (3) In...


of Benefits (EOB) form. The EOB form is generated by the CHAMPVA automated payment processing system. If a beneficiary disagrees with the determination concerning...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR17.277] [Page 686] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 17--MEDICAL--Table of Contents Sec. 17.277 Third-party liability/medical care cost recovery. The Center will actively pursue third-party liability/medical care cost recovery in accordance with applicable law. ...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR17.278] [Page 686] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 17--MEDICAL--Table of Contents Sec. 17.278 Confidentiality of records. Confidentiality of records will be maintained in accordance with 38 CFR 1.460 through 1.582. Grants to the Republic of the Philippines ...


the Philippines and to furnishing medical services under 38 U.S.C. 1724 and 1732, and 38 CFR 17.36 through 17.40, and implement the ``Agreement between the Government of the...


and upgrading of equipment and in rehabilitating the physical plant and facilities of the Veterans Memorial Medical Center, which the Secretary may make under the...


by the appropriation acts of the Congress of the United States for the purpose. Funds appropriated for the upgrading and replacement of equipment at the Veterans Memorial...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR17.355] [Page 687] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 17--MEDICAL--Table of Contents Sec. 17.355 Awards procedures. All applications for grants to the Republic of the Philippines under the provisions of Sec. 17.351 shall be submitted to the Under Secretary for Health or a designee for consideration. (Authority: 38 U.S.C. 1732) [47 FR 58250, Dec. 30, 1982, as amended at 61 FR 21969, May 13, 1996] ...


services provided to eligible United States veterans may consist in whole or in part, of available medicines, medical supplies, or equipment furnished by the Department of...


or transfer. Where a veteran for whom hospitalization has been authorized in Veterans Memorial Medical Center or a contract facility, is absent from the hospital for a...


exclusively with the United States Department of Veterans Affairs. Determinations as to various factors upon which eligibility may depend shall be made as follows: ...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR17.365] [Page 688] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 17--MEDICAL--Table of Contents Sec. 17.365 Admission priorities. Appropriate provisions of Sec. 17.49 apply. (Authority: 38 U.S.C. 1712) [47 FR 58251, Dec. 30, 1982] ...


patient should be admitted in emergency circumstances before the U.S. Department of Veterans Affairs has made a legal determination of eligibility, except that liability...


Secretary of Veterans Affairs, print all forms for applications for hospitalization, forms for physical examination reports, forms for billings for services rendered, and such...


to inspect the Veterans Memorial Medical Center, its premises and all appurtenances and records to determine completeness and correctness of such records, and to determine according...


not replaced and upgraded as needed equipment during the period in which the agreements cited in Sec. 17.50 are in effect or has not rehabilitated the existing physical plant...


confidential and privileged certain records and documents generated by this program and information contained therein. Disclosure of quality assurance records and documents...


or for the VA in the process of conducting systematic healthcare reviews for the purpose of improving the quality of health care or improving the utilization of healthcare...


U.S.C. 5705 and the confidentiality regulations in Secs. 17.500 through 17.511 will be governed by the provisions of the Freedom of Information Act, and, if applicable, the Privacy...


(or information contained therein), as defined in Sec. 17.501, to any person who is not authorized access to the records or documents under the statute and the regulations in...


VA, where permitted by the statute and the regulations in Secs. 17.500 through 17.511, will always be by copies, abstracts, summaries, or similar records or documents prepared...


any confidential and privileged quality assurance records or documents under their control to other agencies, organizations, or individuals where 38 U.S.C. 5705 or the...


17.500 through 17.511 is denied in whole or in part by the VA medical facility Director, Regional Director or Under Secretary for Health, the VA official denying the request in...


U.S.C. 5705 and the regulations in Secs. 17.500 through 17.511 will treat the findings, views, and actions relating to quality assurance in a confidential manner. (b)...


693]] documents within the Department pursuant to this section is restricted to VA employees (including consultants and contractors of VA) who have a need for...


documents from organizations or individuals outside VA must be made to the Department and must specify the nature and content of the information requested, to whom the...


disclosure of such record or document except as provided for in 38 U.S.C. 5705 and the regulations in Secs. 17.500 through 17.511. (Authority: 38...


in Secs. 17.500 through 17.511 and willfully discloses such confidential and privileged quality assurance record or document or information contained...


of Veterans Affairs Health Professional Scholarship Program to students receiving education or training in a direct or indirect health-care services discipline to assist...


to continue in attendance in school under the school's standards and practices in the course of study for which the scholarship was awarded. (b) Act means the...


a full-time student in an accredited school located in a State; (2) Be pursuing a degree annually designated by the Secretary for participation in the...


anticipated shortages of personnel in particular health professions. The existence of a shortage of personnel will be determined in accordance with specific criteria for...


the form and at the time prescribed by the Secretary. Included with the application will be a signed written contract to accept payment of a scholarship and to serve a period...


to applicants entering their final year of education or training and priority will be given to applicants who previously received scholarship awards and who meet the conditions...


including books and laboratory equipment, and (iii) except as provided in paragraph (a)(2) of this section, a monthly stipend, for the duration of the scholarship award. All...


Department of Veterans Affairs employee in full-time clinical practice in the participant's discipline in an assignment or location determined by the Secretary. (Authority:...


or podiatry, may request deferment of obligated service to complete an approved program of advanced clinical training. The Secretary may defer the beginning date of...


as determined in section 7404(b)(1) of title 38 U.S.C. A physician serving a period of obligated service is not eligible for incentive special pay during the first...


to accept payment or instructs the school not to accept payment of the scholarship provided by the Secretary, the participant must, in addition to any service or other...


[Code of Federal Regulations] [Title 38, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 38CFR17.611] [Page 702] TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS PART 17--MEDICAL--Table of Contents Sec. 17.611 Bankruptcy. Any payment obligation incurred may not be discharged in bankruptcy under title 11 U.S.C. until 5 years after the date on which the payment obligation is due. (Authority: 38 U.S.C. 7634(c)) [47 FR 10810, Mar. 12, 1982] ...


the participant. (Authority: 38 U.S.C. 7634(a)) (b)(1) A participant may seek a waiver or suspension of the service or payment obligation incurred under this program...


non-profit organizations for use in initial startup costs for transitional housing for veterans who are in (or have recently been in) a program for the treatment of substance...


secular or religious organization, no part of the net earnings of which may inure to the benefit of any member, founder, contributor, or individual. The organization must include...


in the form prescribed by VA in the application package. The completed application package must be submitted to the Deputy Associate Director for Psychiatric...


will be made on a first-come-first-serve basis to applicants who meet the criteria for receiving a loan. If no funds are available for loans, applications will be retained in...


(a) Favorable financial history and status, (1) A minimum of a two-year credit history, (2) No open liens, judgments, and no unpaid collection accounts, (3) No more than...


(a) The use of alcohol or any illegal drugs in the residence will be prohibited; (b) Any resident who violates the prohibition of alcohol or any illegal drugs will...


approved by the Center for Medicare and Medicaid Services (CMS), Department of Defense TRICARE Program, Civilian Health and Medical Program of the Department of Veterans...


provided for under the Civilian Health and Medical Program of the Department of Veterans Affairs (CHAMPVA) (see Sec. 17.270). (2) As a condition of payment, the services...


determines are necessary to [[Page 709]] adjudicate claims under Secs. 17.900 through 17.905 must be provided to VA at no cost. (Authority: 38...


17.1008 constitute the requirements under 38 U.S.C. 1725 that govern VA payment or reimbursement for non-VA emergency services furnished to a veteran for...


or contract, medical or hospital service agreement, membership or subscription contract, or similar arrangement under which health services for individuals are provided or...


all of the following conditions are met: (a) The emergency services were provided in a hospital emergency department or a similar facility held out as providing emergency care...


air ambulance services, may be made for transporting a veteran to a facility only if the following conditions are met: (a) Payment or reimbursement is authorized...


paid for the treatment, or the person or organization that paid for such treatment on behalf of the veteran. (b) To obtain payment or reimbursement for emergency treatment...


veteran is personally liable or 70 percent of the amount under [[Page 712]] the applicable Medicare fee schedule for such treatment. (b) Reimbursement or payment...


for all or part of the same emergency treatment for which VA reimbursed or made payment under this section. (1) Under 38 U.S.C. 1725(d)(4), the veteran (or the...


and refunded by the provider [[Page 713]] within 30 days of receipt, extinguish all liability on the part of the veteran for that emergency treatment. Neither the...




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