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§ 2.8 38 CFR Ch. I (7–1–20 Edition) a brief summary of each recommenda- PART 3—ADJUDICATION tion for relief and its disposition. Prep- aration of the report shall be the re- Subpart A—Pension, Compensation, and sponsibility of the General Counsel. Dependency and Indemnity Com- (c) The authority to grant the equi- pensation table relief, referred to in paragraphs (a) and (b) of this section, has not been GENERAL delegated and is reserved to the Sec- Sec. retary. Recommendation for the cor- 3.1 Definitions. rection of administrative error and for 3.2 Periods of war. appropriate equitable relief therefrom 3.3 Pension. 3.4 Compensation. will be submitted to the Secretary, 3.5 Dependency and indemnity compensa- through the General Counsel. Such rec- tion. ommendation may be initiated by the 3.6 Duty periods. head of the administration having re- 3.7 Individuals and groups considered to sponsibility for the benefit, or of any have performed active military, naval, or concerned staff office, or by the Chair- air service. man, Board of Veterans Appeals. When 3.10 Dependency and indemnity compensa- tion rate for a surviving spouse. a recommendation for relief under 3.11 Homicide. paragraph (a) or (b) of this section is 3.12 Character of discharge. initiated by the head of a staff office, 3.12a Minimum active-duty service require- or the Chairman, Board of Veterans ment. Appeals, the views of the head of the 3.13 Discharge to change status. administration having responsibility 3.14 Validity of enlistments. for the benefit will be obtained and 3.15 Computation of service. 3.16 Service pension. transmitted with the recommendation 3.17 Disability and death pension; Mexican of the initiating office. border period and later war periods. (Authority: 38 U.S.C. 503, 512) 3.18–3.19 [Reserved] 3.20 Surviving spouse’s benefit for month of [37 FR 22864, Oct. 26, 1972, as amended at 49 veteran’s death. FR 30693, Aug. 1, 1984; 54 FR 34981, Aug. 23, 3.21 Monetary rates. 1989; 68 FR 25504, May 13, 2003] 3.22 DIC benefits for survivors of certain veterans rated totally disabled at time of § 2.8 Delegation of authority to author- death. ize allowances for Department of 3.23 Improved pension rates—Veterans and Veterans Affairs employees who are surviving spouses. notaries public. 3.24 Improved pension rates—Surviving children. (a) Employees occupying or acting in 3.25 Parents’ dependency and indemnity the positions designated in paragraph compensation (DIC)—Method of payment (b) of this section are authorized to computation. designate those employees who are re- 3.26 Section 306 and old-law pension annual quired to serve as notaries public in income limitations. connection with the performance of of- 3.27 Automatic adjustment of benefit rates. ficial business and to pay an allowance 3.28 Automatic adjustment of section 306 and old-law pension income limitations. for the costs therefor not to exceed the 3.29 Rounding. expense required to be incurred by 3.30 Frequency of payment of improved pen- them in order to obtain their commis- sion and parents’ dependency and indem- sion. nity compensation (DIC). 3.31 Commencement of the period of pay- (Authority: 5 U.S.C. 5945) ment. 3.32 Exchange rates for foreign currencies. (b) Designated positions: Deputy Sec- retary, Under Secretary for Benefits, GENERAL Director, Office of Data Management 3.40 Philippine and Insular Forces. and Telecommunications, Chief Med- 3.41 Philippine service. ical Director, General Counsel, Direc- 3.42 Compensation at the full-dollar rate for tors of regional offices, hospitals, certain Filipino veterans residing in the domiciliaries, and centers. United States. 3.43 Burial benefits at the full-dollar rate [35 FR 13771, Aug. 29, 1970, as amended at 49 for certain Filipino veterans residing in FR 30693, Aug. 1, 1984] the United States on the date of death. 148 VerDate Sep<11>2014 14:21 Jan 05, 2021 Jkt 250148 PO 00000 Frm 00158 Fmt 8010 Sfmt 8010 Y:\SGML\250148.XXX 250148 Department of Veterans Affairs Pt. 3 RELATIONSHIP 3.214 Court decisions; unremarried sur- viving spouses. 3.50 Spouse and surviving spouse. 3.215 Termination of marital relationship or 3.52 Marriages deemed valid. 3.53 Continuous cohabitation. conduct. 3.54 Marriage dates. 3.216 Mandatory disclosure of social secu- 3.55 Reinstatement of benefits eligibility rity numbers. based upon terminated marital relation- 3.217 Submission of statements or informa- ships. tion affecting entitlement to benefits. 3.56 [Reserved] DEPENDENCY, INCOME AND ESTATE 3.57 Child. 3.58 Child adopted out of family. REGULATIONS APPLICABLE TO PROGRAMS IN 3.59 Parent. EFFECT PRIOR TO JANUARY 1, 1979 3.60 Definition of ‘‘living with’’. 3.250 Dependency of parents; compensation. ADMINISTRATIVE 3.251 Income of parents; dependency and in- demnity compensation. 3.100 Delegations of authority. 3.252 Annual income; pension; Mexican bor- 3.102 Reasonable doubt. der period and later war periods. 3.103 Procedural due process and other 3.253–3.255 [Reserved] rights. 3.256 Eligibility reporting requirements. 3.104 Binding nature of decisions. 3.257 Children; no surviving spouse entitled. 3.105 Revision of decisions. 3.258–3.259 [Reserved] 3.106 Renouncement. 3.260 Computation of income. 3.107 Awards where not all dependents 3.261 Character of income; exclusions and apply. estates. 3.108 State Department as agent of Depart- 3.262 Evaluation of income. ment of Veterans Affairs. 3.263 Corpus of estate; net worth. 3.109 Time limit. 3.270 Applicability of various dependency, 3.110 Computation of time limit. income and estate regulations. 3.111 [Reserved] 3.112 Fractions of one cent. REGULATIONS APPLICABLE TO THE IMPROVED 3.114 Change of law or Department of Vet- PENSION PROGRAM WHICH BECAME EFFEC- erans Affairs issue. TIVE JANUARY 1, 1979 3.115 Access to financial records. 3.271 Computation of income. CLAIMS 3.272 Exclusions from income. 3.273 Rate computation. 3.150 Forms to be furnished. 3.274 Net worth and VA pension. 3.151 Claims for disability benefits. 3.275 How VA determines the asset amount 3.152 Claims for death benefits. 3.153 Claims filed with Social Security. for pension net worth determinations. 3.154 Injury due to hospital treatment, etc. 3.276 Asset transfers and penalty periods. 3.155 How to file a claim. 3.277 Eligibility reporting requirements. 3.156 New evidence. 3.278 Deductible medical expenses. 3.158 Abandoned claims. 3.279 Statutory exclusions from income or 3.159 Department of Veterans Affairs assist- assets (net worth or corpus of the estate). ance in developing claims. RATINGS AND EVALUATIONS; BASIC 3.160 Status of claims. ENTITLEMENT CONSIDERATIONS 3.161 [Reserved] 3.300 Claims based on the effects of tobacco EVIDENCE REQUIREMENTS products. 3.200 Testimony certified or under oath. 3.301 Line of duty and misconduct. 3.201 Exchange of evidence; Social Security 3.302 Service connection for mental un- and Department of Veterans Affairs. soundness in suicide. 3.202 Evidence from foreign countries. RATINGS AND EVALUATIONS; SERVICE 3.203 Service records as evidence of service CONNECTION and character of discharge. 3.204 Evidence of dependents and age. 3.303 Principles relating to service connec- 3.205 Marriage. tion. 3.206 Divorce. 3.304 Direct service connection; wartime 3.207 Void or annulled marriage. and peacetime. 3.208 Claims based on attained age. 3.305 Direct service connection; peacetime 3.209 Birth. service before January 1, 1947. 3.210 Child’s relationship. 3.306 Aggravation of preservice disability. 3.211 Death. 3.307 Presumptive service connection for 3.212 Unexplained absence for 7 years. chronic, tropical, or prisoner-of-war re- 3.213 Change of status affecting entitle- lated disease, disease associated with ex- ment. posure to certain herbicide agents, or 149 VerDate Sep<11>2014 14:21 Jan 05, 2021 Jkt 250148 PO 00000 Frm 00159 Fmt 8010 Sfmt 8010 Y:\SGML\250148.XXX 250148 Pt. 3 38 CFR Ch. I (7–1–20 Edition) disease associated with exposure to con- 3.357 Civil service preference ratings. taminants in the water supply at Camp 3.358 Compensation for disability or death Lejeune; wartime and service on or after from hospitalization, medical or surgical January 1, 1947. treatment, examinations or vocational 3.308 Presumptive service connection; rehabilitation training (§ 3.800). peacetime service before January 1, 1947. 3.359 Determination of service connection 3.309 Disease subject to presumptive service for former members of the Armed Forces connection. of Czechoslovakia or Poland. 3.310 Disabilities that are proximately due 3.360 Service-connected health-care eligi- to, or aggravated by, service-connected bility of certain persons administra- disease or injury. tively discharged under other than hon- 3.311 Claims based on exposure to ionizing orable condition. radiation. 3.361 Benefits under 38 U.S.C. 1151(a) for ad- 3.312 Cause of death. ditional disability or death due to hos- 3.313 Claims based on service in Vietnam. pital care, medical or surgical treat- 3.314 Basic pension determinations. ment, examination, training and reha- 3.315 Basic eligibility determinations; de- bilitation services, or compensated work pendents, loans, education. therapy program. 3.316 Claims based on chronic effects of ex- 3.362 Offsets under 38 U.S.C. 1151(b) of bene- posure to mustard gas and Lewisite. fits awarded under 38 U.S.C. 1151(a). 3.317 Compensation for certain disabilities 3.363 Bar to benefits under 38 U.S.C. 1151. occurring in Persian Gulf veterans. 3.318 Presumptive service connection for RATING CONSIDERATIONS RELATIVE TO amyotrophic lateral sclerosis. SPECIFIC DISEASES 3.319–3.320 [Reserved] 3.370 Pulmonary tuberculosis shown by X- 3.321 General rating considerations.
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