M21-1 and 38 CFR changes, week of Aug 13, 2018

Added

• (a) Automatic payments to surviving spouses of eligible deceased veterans.
• (1) On or after July 7, 2014, VA may automatically pay a burial benefit to an eligible veteran's surviving spouse, whether or not previously established as a dependent spouse on the deceased veteran's compensation or pension award, when VA knows of or is informed of the existence of the surviving spouse, can establish the surviving spouse's relationship under § 3.204 (when applicable), and is abl…
• (2) VA may grant additional burial benefits, including the plot or interment allowance, reimbursement for transportation, and the service-connected burial allowance under § 3.1704, to the surviving spouse or any other eligible person in accordance with paragraph (b) of this section and based on a claim described in § 3.1703.
• (b) Priority of payments—claims received on or after July 7, 2014.
• (c) Priority of payments—claims received before July 7, 2014.
• [79 FR 32658, June 6, 2014, as amended at 83 FR 39888, Aug.

and 1 more added passages

Removed

• (a) Automatic payments to eligible surviving spouse.
• On or after July 7, 2014, VA will automatically pay a burial benefit to an eligible surviving spouse when VA is able to determine eligibility based on evidence of record as of the date of the veteran's death.
• VA may grant additional burial benefits, including the plot or interment allowance, reimbursement for transportation, and the service-connected burial allowance under § 3.1704, to the surviving spouse or any other eligible person in accordance with paragraph (b) of this section and based on a claim described in § 3.1703.
• (b) Priority of payments - claims received on or after July 7, 2014.
• (c) Priority of payments - claims received before July 7, 2014.

Added

• 1922), and, subject to § 13.110 of this chapter, disbursement of benefits.
• appoint (or recommend appointment of) a fiduciary as provided in § 13.100 of this chapter;
• select a method of disbursing payment as provided in § 13.100 of this chapter, or in the case of a married beneficiary, appoint the beneficiary's spouse to receive payments as provided in § 13.100 of this chapter;
• 68 FR 34542, June 10, 2003;
• 83 FR 32738, July 13, 2018]

Removed

• Link to an amendment published at 83 FR 32738, July 13, 2018.
• 1922), and, subject to § 13.56 of this chapter, disbursement of benefits.
• appoint (or recommend appointment of) a fiduciary as provided in § 13.55 of this chapter;
• select a method of disbursing payment as provided in § 13.56 of this chapter, or in the case of a married beneficiary, appoint the beneficiary's spouse to receive payments as provided in § 13.57 of this chapter;
• 68 FR 34542, June 10, 2003]

Added

• 83 FR 32738, July 13, 2018]

and 2 more added passages

Removed

• Link to an amendment published at 83 FR 32738, July 13, 2018.
• (d) Institutional awards (§ 3.852) - (1) Chief officer of non-Department of Veterans Affairs hospital or institution.
• From first day of month in which award is approved or day following date of last payment to veteran, whichever is later.
• If apportionment under §§ 3.452(c) and 3.454 is in order or payment under § 3.850(a), Personal Funds of Patients account will not be set up but difference withheld for dependents.
• (2) Director of a Department of Veterans Affairs medical center or domiciliary.
• From day following date of last payment to veteran where veteran previously received payments.
• On initial or resumed payments from date of entitlement to benefits subject to any amounts payable to or withheld for apportionments for dependents.

and 2 more removed passages

Added

• (2)Majority (§ 13.100).
• 83 FR 32738, July 13, 2018]

and 1 more added passages

Removed

• Link to an amendment published at 83 FR 32738, July 13, 2018.
• (2) Majority (§ 3.854).

and 1 more removed passages

Added

• 68 FR 34542, June 10, 2003;
• 83 FR 32738, July 13, 2018]

Removed

• Link to an amendment published at 83 FR 32738, July 13, 2018.
• See § 3.852.
• 68 FR 34542, June 10, 2003]

and 1 more removed passages

Removed

• Link to an amendment published at 83 FR 32738, July 13, 2018.
• (l) Guardian, marriage or divorce of (§ 3.856).
• Date of last payment (pending receipt of information as to change of name).
• (m) Incompetency (§ 3.855).
• Date of last payment.

Added

• (b) Aid and attendance—(1) Section 3.552(b)(1).
• § 3.105)—(1) Pension.
• § 3.105)—(1) Pension.
• (i) Hospitalization—(1) Section 3.551(b).
• 68 FR 34542, June 10, 2003;
• 83 FR 32738, July 13, 2018]

and 1 more added passages

Removed

• Link to an amendment published at 83 FR 32738, July 13, 2018.
• (b) Aid and attendance - (1) Section 3.552(b)(1).
• § 3.105) - (1) Pension.
• § 3.105) - (1) Pension.
• (i) Hospitalization - (1) Section 3.551(b).
• (j) Institutional award and/or to Personal Funds of Patients (§ 3.852).
• Date of last payment, when veteran is discharged from hospital, fiduciary appointed, or veteran rated competent.
• (n) Section 3.853.

and 5 more removed passages

Added

• 82 FR 50804, Nov.

and 1 more added passages

Removed

• 82 FR 50804, Dec.

and 1 more removed passages

Added

• For the purpose of VA disability evaluation, a disease, injury, or adhesions of the ovaries resulting in ovarian dysfunction affecting the menstrual cycle, such as dysmenorrhea and secondary amenorrhea, shall be rated under diagnostic code 7615 |
• Both | 1 80
• One | 1 50
• Both | 1 60
• One | 1 40
• Both | 1 50
• One | 1 30

and 1 more added passages

Removed

• For the purpose of VA disability evaluation, a disease, injury, or adhesions of the ovaries resulting in ovarian dysfunction affecting the menstrual cycle, such as dysmenorrhea and secondary amenorrhea, shall be rated under diagnostic code 7615 |
• Both | 180
• One | 150
• Both | 160
• One | 140
• Both | 150
• One | 130

and 1 more removed passages

Added

• (a) For the purposes of this section, systemic therapy is treatment that is administered through any route (orally, injection, suppository, intranasally) other than the skin, and topical therapy is treatment that is administered through the skin.
• (b) Two or more skin conditions may be combined in accordance with § 4.25 only if separate areas of skin are involved.
• If two or more skin conditions involve the same area of skin, then only the highest evaluation shall be used.
• 7801 Burn scar(s) or scar(s) due to other causes, not of the head, face, or neck, that are associated with underlying soft tissue damage:
• For the purposes of DCs 7801 and 7802, the six (6) zones of the body are defined as each extremity, anterior trunk, and posterior trunk.
• The midaxillary line divides the anterior trunk from the posterior trunk |
• A separate evaluation may be assigned for each affected zone of the body under this diagnostic code if there are multiple scars, or a single scar, affecting multiple zones of the body.
• Alternatively, if a higher evaluation would result from adding the areas affected from multiple zones of the body, a single evaluation may also be assigned under this diagnostic code |

and 112 more added passages

Removed

• Link to an amendment published at 83 FR 32597, July 13, 2018.
• Link to an amendment published at 83 FR 38663, Aug.
• A veteran whose scars were rated by VA under a prior version of diagnostic codes 7800, 7801, 7802, 7803, 7804, or 7805, as in effect before October 23, 2008, may request review under diagnostic codes 7800, 7801, 7802, 7804, and 7805, irrespective of whether his or her disability has worsened since the last review.
• VA will review that veteran's disability rating to determine whether the veteran may be entitled to a higher disability rating under diagnostic codes 7800, 7801, 7802, 7804, and 7805.
• A request for review pursuant to this rulemaking will be treated as a claim for an increased rating for purposes of determining the effective date of an increased rating awarded as a result of such review;
• however, in no case will the award be effective before October 23, 2008.
• 7801 Burn scar(s) or scar(s) due to other causes, not of the head, face, or neck, that are deep and nonlinear:

and 114 more removed passages

Added

• 83 FR 15320, Apr.

and 1 more added passages

Removed

• 83 FR 15320, May 14, 2018]

Added

• 10, 2008, as amended at 83 FR 15321, Apr.

Removed

• 10, 2008, as amended at 83 FR 15320, Apr.