M21-1 and 38 CFR changes, week of Feb 18, 2019

Added

• (p) Claim means a written or electronic communication requesting a determination of entitlement or evidencing a belief in entitlement, to a specific benefit under the laws administered by the Department of Veterans Affairs submitted on an application form prescribed by the Secretary.
• (See scope of claim, § 3.155(d)(2);
• complete claim, § 3.160(a);
• issues within a claim, § 3.151(c)).
• (1) Initial claim.
• An initial claim is any complete claim, other than a supplemental claim, for a benefit on a form prescribed by the Secretary.
• The first initial claim for one or more benefits received by VA is further defined as an original claim.
• (See original claim, § 3.160(b)).

and 8 more added passages

Removed

• Link to an amendment published at 84 FR 166, Jan.
• (p) Claim means a written communication requesting a determination of entitlement or evidencing a belief in entitlement, to a specific benefit under the laws administered by the Department of Veterans Affairs submitted on an application form prescribed by the Secretary.
• Editorial Note:For Federal Register citations affecting § 3.1, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

and 1 more removed passages

Added

• (b) The right to notice—
• Such notice will clearly set forth the elements described under paragraph (f) of this section, the right to a hearing on any issue involved in the claim as provided in paragraph (d) of this section, the right of representation, and the right, as well as the necessary procedures and time limits to initiate a higher-level review, supplemental claim, or appeal to the Board of Veterans' Appeals.
• (c) Submission of evidence—(1) General rule.
• VA will include in the record, any evidence whether documentary, testimonial, or in other form, submitted by the claimant in support of a pending claim and any issue, contention, or argument a claimant may offer with respect to a claim, except as prescribed in paragraph (c)(2) of this section and § 3.2601(f).
• (2) Treatment of evidence received after notice of a decision.
• The evidentiary record for a claim before the agency of original jurisdiction closes when VA issues notice of a decision on the claim.
• The agency of original jurisdiction will not consider, or take any other action on evidence that is submitted by a claimant, associated with the claims file, or constructively received by VA as described in paragraph (c)(2)(iii) of this section, after notice of decision on a claim, and such evidence will not be considered part of the record at the time of any decision by the agency of original ju…

and 31 more added passages

Removed

• Link to an amendment published at 84 FR 166, Jan.
• (b) The right to notice - (1) General.
• Such notice shall clearly set forth the decision made, any applicable effective date, the reason(s) for the decision, the right to a hearing on any issue involved in the claim, the right of representation and the right, as well as the necessary procedures and time limits, to initiate an appeal of the decision.
• (c) The right to a hearing.
• (1) Upon request, a claimant is entitled to a hearing at any time on any issue involved in a claim within the purview of part 3 of this chapter, subject to the limitations described in § 20.1304 of this chapter with respect to hearings in claims which have been certified to the Board of Veterans' Appeals for appellate review.
• VA will provide the place of hearing in the VA office having original jurisdiction over the claim or at the VA office nearest the claimant's home having adjudicative functions, or, subject to available resources and solely at the option of VA, at any other VA facility or federal building at which suitable hearing facilities are available.
• Hearings in connection with proposed adverse actions and appeals shall be held before one or more VA employees having original determinative authority who did not participate in the proposed action or the decision being appealed.

and 19 more removed passages

Added

• (a) Binding decisions.
• A decision of a VA rating agency is binding on all VA field offices as to conclusions based on the evidence on file at the time VA issues written notification in accordance with 38 U.S.C.
• A binding agency decision is not subject to revision except by the Board of Veterans' Appeals, by Federal court order, or as provided in §§ 3.105, 3.2500, and 3.2600.
• (b) Binding administrative determinations.
• Current determinations of line of duty, character of discharge, relationship, dependency, domestic relations questions, homicide, and findings of fact of death or presumptions of death made in accordance with existing instructions, and by application of the same criteria and based on the same facts, by either an Adjudication activity or an Insurance activity are binding one upon the other in the …
• (c) Favorable findings.
• Any finding favorable to the claimant made by either a VA adjudicator, as described in § 3.103(f)(4), or by the Board of Veterans' Appeals, as described in § 20.801(a) of this chapter, is binding on all subsequent agency of original jurisdiction and Board of Veterans' Appeals adjudicators, unless rebutted by evidence that identifies a clear and unmistakable error in the favorable finding.
• For purposes of this section, a finding means a conclusion either on a question of fact or on an application of law to facts made by an adjudicator concerning the issue(s) under review.

and 3 more added passages

Removed

• Link to an amendment published at 84 FR 167, Jan.
• (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 to conclusions based on the evidence on file at the time VA issues written notification in accordance with 38 U.S.C.
• A final and binding agency decision shall not be subject to revision on the same factual basis except by duly constituted appellate authorities or except as provided in § 3.105 and § 3.2600 of this part.
• (b) Current determinations of line of duty, character of discharge, relationship, dependency, domestic relations questions, homicide, and findings of fact of death or presumptions of death made in accordance with existing instructions, and by application of the same criteria and based on the same facts, by either an Adjudication activity or an Insurance activity are binding one upon the other in …
• 66 FR 21874, May 2, 2001]

and 1 more removed passages

Added

• (a)(1) Error in final decisions.
• Decisions are final when the underlying claim is finally adjudicated as provided in § 3.160(d).
• Final decisions will be accepted by VA as correct with respect to the evidentiary record and the law that existed at the time of the decision, in the absence of clear and unmistakable error.
• At any time after a decision is final, the claimant may request, or VA may initiate, review of the decision to determine if there was a clear and unmistakable error in the decision.
• (i) Definition of clear and unmistakable error.
• A clear and unmistakable error is a very specific and rare kind of error.
• It is the kind of error, of fact or of law, that when called to the attention of later reviewers compels the conclusion, to which reasonable minds could not differ, that the result would have been manifestly different but for the error.
• If it is not absolutely clear that a different result would have ensued, the error complained of cannot be clear and unmistakable.

and 34 more added passages

Removed

• Link to an amendment published at 84 FR 167, Jan.
• Previous determinations which are final and binding, including decisions of service connection, degree of disability, age, marriage, relationship, service, dependency, line of duty, and other issues, will be accepted as correct in the absence of clear and unmistakable error.
• For the purpose of authorizing benefits, the rating or other adjudicative decision which constitutes a reversal of a prior decision on the grounds of clear and unmistakable error has the same effect as if the corrected decision had been made on the date of the reversed decision.
• Whenever an adjudicative agency is of the opinion that a revision or an amendment of a previous decision is warranted, a difference of opinion being involved rather than a clear and unmistakable error, the proposed revision will be recommended to Central Office.
• However, a decision may be revised under § 3.2600 without being recommended to Central Office.
• (e) Reduction in evaluation - compensation.

and 5 more removed passages

Added

• As to appeals, see §§ 19.52, 20.203, and 20.110 of this chapter.
• 11, 1990, as amended at 58 FR 32443, June 10, 1993;
• 84 FR 168, Jan.

and 1 more added passages

Removed

• As to appeals, see §§ 20.302 and 20.305 of this chapter.
• 11, 1990, as amended at 58 FR 32443, June 10, 1993]

Added

• The provisions of this paragraph are applicable to original and supplemental claims as well as claims for increase.
• 84 FR 168, Jan.
• 84 FR 4336, Feb.

and 3 more added passages

Removed

• Link to an amendment published at 84 FR 4336, Feb.
• The provisions of this paragraph are applicable to original and reopened claims as well as claims for increase.

and 2 more removed passages

Added

• (See scope of claim, § 3.155(d)(2);
• complete claim, § 3.160(a);
• supplemental claims, § 3.2501(b)).
• (c) Issues within a claim.
• (1) To the extent that a complete claim application encompasses a request for more than one determination of entitlement, each specific entitlement will be adjudicated and is considered a separate issue for purposes of the review options prescribed in § 3.2500.
• A single decision by an agency of original jurisdiction may adjudicate multiple issues in this respect, whether expressly claimed or determined by VA to be reasonably within the scope of the application as prescribed in § 3.155(d)(2).
• VA will issue a decision that addresses each such identified issue within a claim.
• Upon receipt of notice of a decision, a claimant may elect any of the applicable review options prescribed in § 3.2500 for each issue adjudicated.

and 10 more added passages

Removed

• Link to an amendment published at 84 FR 168, Jan.

and 2 more removed passages

Added

• The provisions of this section are applicable to all claims governed by part 3, with the exception that paragraph (b) of this section, regarding intent to file a claim, does not apply to supplemental claims.
• (i) Supplemental claims.
• Upon receipt of a communication indicating a belief in entitlement to benefits that is submitted in wiritng or electronically on a supplemental claim form prescribed by the Secretary that is not complete as defined in § 3.160(a) of this section, the Secretary shall notify the claimant and the claimant's representative, if any, of the information necessary to complete the application form prescrib…
• If VA receives a complete claim within 60 days of notice by VA that an incomplete claim was filed, it will be considered filed as of the date of receipt of the incomplete claim (see § 3.2501).
• (ii) For other types of claims.
• In the event that VA receives both an intent to file a claim and an incomplete application form before the complete claim as defined in § 3.160(a) is filed, the complete claim will be considered filed as of the date of receipt of whichever was filed first provided it is perfected within the necessary timeframe, but in no event, will the complete claim be considered filed more than one year prior …
• 25, 2014, as amended at 84 FR 168, Jan.

and 2 more added passages

Removed

• Link to an amendment published at 84 FR 168, Jan.
• The provisions of this section are applicable to all claims governed by part 3.
• In the event that VA receives both an intent to file a claim and an incomplete application form before the complete claim as defined in § 3.160(a) is filed, the complete claim will be considered filed as of the date of receipt of whichever was filed first provided it is perfected within the necessary timeframe, but in no event will the complete claim be considered filed more than one year prior t…

and 3 more removed passages

Added

• New evidence is evidence not previously part of the actual record before agency adjudicators.
• (a) New and material evidence.
• For claims to reopen decided prior to the effective date provided in § 19.2(a), the following standards apply.
• A claimant may reopen a finally adjudicated legacy claim by submitting new and material evidence.
• New evidence is evidence not previously part of the actual record before agency adjudicators.
• (b) Pending legacy claims not under the modernized review system.New and material evidence received prior to the expiration of the appeal period, or prior to the appellate decision if a timely appeal has been filed (including evidence received prior to an appellate decision and referred to the agency of original jurisdiction by the Board of Veterans Appeals without consideration in that decision …
• (d) New and relevant evidence.
• On or after the effective date provided in § 19.2(a), a claimant may file a supplemental claim as prescribed in § 3.2501.

and 6 more added passages

Removed

• Link to an amendment published at 84 FR 169, Jan.
• Link to a correction published at 84 FR 4336, Feb.
• A claimant may reopen a finally adjudicated claim by submitting new and material evidence.
• New evidence means existing evidence not previously submitted to agency decisionmakers.
• (b) Pending claim.

and 5 more removed passages

Added

• Except as provided in § 3.652, where evidence requested in connection with an initial claim or supplemental claim or for the purpose of determining continued entitlement is not furnished within 1 year after the date of request, the claim will be considered abandoned.
• 67 FR 49586, July 31, 2002;
• 84 FR 169, Jan.

and 1 more added passages

Removed

• Link to an amendment published at 84 FR 169, Jan.
• Except as provided in § 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 determining continued entitlement is not furnished within 1 year after the date of request, the claim will be considered abandoned.
• 67 FR 49586, July 31, 2002]

and 1 more removed passages

Added

• (3) Substantially complete application means an application containing:
• (i) The claimant's name;
• (ii) His or her relationship to the veteran, if applicable;
• (iii) Sufficient service information for VA to verify the claimed service, if applicable;
• (iv) The benefit sought and any medical condition(s) on which it is based;
• (v) The claimant's signature;
• (vi) In claims for nonservice-connected disability or death pension and parents' dependency and indemnity compensation, a statement of income;
• (vii) In supplemental claims, identification or inclusion of potentially new evidence (see § 3.2501);

and 18 more added passages

Removed

• Link to an amendment published at 84 FR 169, Jan.
• (3) Substantially complete application means an application containing the claimant's name;
• his or her relationship to the veteran, if applicable;
• sufficient service information for VA to verify the claimed service, if applicable;
• the benefit claimed and any medical condition(s) on which it is based;
• the claimant's signature;
• and in claims for nonservice-connected disability or death pension and parents' dependency and indemnity compensation, a statement of income.

and 11 more removed passages

Added

• and sufficient information for VA to verify the claimed service, if applicable.
• (4) A description of any symptom(s) or medical condition(s) on which the benefit is based must be provided to the extent the form prescribed by the Secretary so requires.
• (5) For nonservice-connected disability or death pension and parents' dependency and indemnity compensation claims, a statement of income must be provided to the extent the form prescribed by the Secretary so requires;
• (6) For supplemental claims, potentially new evidence must be identified or included.
• A claim that is adjudicated by the Department of Veterans Affairs as either allowed or disallowed is considered finally adjudicated when:
• (1) For legacy claims not subject to the modernized review system, whichever of the following occurs first:
• (i) The expiration of the period in which to file a Notice of Disagreement, pursuant to the provisions of § 19.52(a) or § 20.502(a) of this chapter, as applicable;
• (ii) Disposition on appellate review.

and 8 more added passages

Removed

• Link to an amendment published at 84 FR 170, Jan.
• and sufficient service information for VA to verify the claimed service, if applicable.
• (4) A description of any symptom(s) or medical condition(s) on which the benefit is based must be provided to the extent the form prescribed by the Secretary so requires;
• (5) For nonservice-connected disability or death pension and parents' dependency and indemnity compensation claims, a statement of income must be provided to the extent the form prescribed by the Secretary so requires.
• A claim that is adjudicated by the Department of Veterans Affairs as either allowed or disallowed is considered finally adjudicated by whichever of the following occurs first:
• (1) The expiration of the period in which to file a notice of disagreement, pursuant to the provisions of § 20.302(a) or § 20.501(a) of this chapter, as applicable;
• (2) Disposition on appellate review.

and 6 more removed passages

Removed

• Link to an amendment published at 84 FR 170, Jan.
• Rules pertaining to the Expedited Claims Adjudication Initiative Pilot Program are set forth in part 20, subpart P, of this chapter.
• [73 FR 65732, Nov.

and 5 more removed passages

Added

• The modernized review system defined in 38 CFR 19.2(b) applies to all claims, requests for reopening of finally adjudicated claims, and requests for revision based on clear and unmistakable error:
• (1) For which VA issues notice of an initial decision on or after the effective date of the modernized review system as provided in 38 CFR 19.2(a);
• (2) Where a claimant has elected review of a legacy claim under the modernized review system as provided in paragraph (c) of this section.
• (b) Legacy claims.
• A legacy claim is a claim, or request for reopening or revision of a finally adjudicated claim, for which VA provided notice of a decision prior to the effective date of the modernized review system and the claimant has not elected to participate in the modernized review system as provided in paragraph (c) of this section.
• (c) Election into the modernized review system.
• For claims governed by this part, pursuant to election by a claimant, the modernized review system applies where:

and 10 more added passages

Removed

• Link to an amendment published at 84 FR 171, Jan.
• Link to a correction published at 84 FR 4336, Feb.

and 2 more removed passages

Added

• (a) Reviews available.
• (1) Within one year from the date on which the agency of original jurisdiction issues a notice of a decision on a claim or issue as defined in § 3.151(c), except as otherwise provided in paragraphs (c), (e), and (f) of this section, a claimant may elect one of the following administrative review options by timely filing the appropriate form prescribed by the Secretary:
• (i) A request for higher-level review under § 3.2601 or
• (ii) An appeal to the Board under § 20.202 of this chapter.
• (2) At any time after VA issues notice of a decision on an issue within a claim, a claimant may file a supplemental claim under § 3.2501.
• (b) Concurrent election prohibited.
• With regard to the adjudication of a claim or an issue as defined in § 3.151(c), a claimant who has filed for review under one of the options available under paragraph (a) of this section may not, while that review is pending final adjudication, file for review under a different available option.
• While the adjudication of a specific benefit is pending on appeal before a federal court, a claimant may not file for administrative review of the claim under any of options listed in paragraph (a) of this section.

and 32 more added passages

Removed

• Link to an amendment published at 84 FR 171, Jan.
• Link to a correction published at 84 FR 4336, Feb.

and 2 more removed passages

Added

• Except as otherwise provided, a claimant or his or her authorized representative, if any, who disagrees with a prior VA decision may file a supplemental claim (see § 3.1(p)(2)) by submitting in writing or electronically a complete application (see § 3.160(a)) on a form prescribed by the Secretary any time after the agency of original jurisdiction issues notice of a decision, regardless of whether…
• If new and relevant evidence is presented or secured with respect to the supplemental claim, the agency of original jurisdiction will readjudicate the claim taking into consideration all of the evidence of record.
• If new and relevant evidence is not presented or secured, the agency of original jurisdiction will issue a decision finding that there was insufficient evidence to readjudicate the claim.
• In determining whether new and relevant evidence is presented or secured, VA will consider any VA treatment records reasonably identified by the claimant and any evidence received by VA after VA issued notice of a decision on the claim and while the evidentiary record was closed (see 3.103(c)).
• (a) New and relevant evidence.
• The new and relevant standard will not impose a higher evidentiary threshold than the previous new and material evidence standard under § 3.156(a).
• New evidence is evidence not previously part of the actual record before agency adjudicators.

and 17 more added passages

Removed

• Link to an amendment published at 84 FR 172, Jan.

and 1 more removed passages

Added

• Upon receipt of a returned claim from a higher-level adjudicator or remand by the Board of Veterans' Appeals, the agency of original jurisdiction will expeditiously readjudicate the claim in accordance with 38 U.S.C.
• The agency of original jurisdiction retains jurisdiction of the claim.
• In readjudicating the claim, the agency of original jurisidction will correct all identified duty to assist errors, complete a new decision and issue notice to the claimant and or his or her legal representative in accordance with 3.103(f).
• The effective date of any evaluation and award of pension, compensation or dependency and indemnity compensation will be determined in accordance with the date of receipt of the initial claim as prescribed under § 3.2500(g).
• [84 FR 172, Jan.

and 2 more added passages

Removed

• Link to an amendment published at 84 FR 172, Jan.

and 1 more removed passages

Added

• This section applies only to legacy claims as defined in § 3.2400 in which a Notice of Disagreement is timely filed on or after June 1, 2001, under regulations applicable at the time of filing.
• Upon the request of the claimant, the reviewer will conduct a hearing under the version of § 3.103(c) of this chapter predating Public Law 115-55.
• 84 FR 172, Jan.
• 84 FR 4336, Feb.

and 3 more added passages

Removed

• Link to an amendment published at 84 FR 172, Jan.
• Link to a correction published at 84 FR 4336, Feb.
• Upon the request of the claimant, the reviewer will conduct a hearing under § 3.103(c).
• (g) This section applies to all claims in which a Notice of Disagreement is filed on or after June 1, 2001.

and 3 more removed passages

Added

• This section applies to all claims under the modernized review system, with the exception of simultaneously contested claims.
• (b) Requirements for election.
• A claimant who is dissatisfied with a decision by the agency of original jurisdiction may file a request for higher-level review in accordance with § 3.2500, by submitting a complete request for review on a form prescribed by the Secretary.
• (c) Complete request.
• A complete request for higher-level review is a submission of a request on a form prescribed by the Secretary, whether paper or electronic, that meets the following requirements:
• (1) A complete request must provide the name of the claimant and the relationship to the veteran, if applicable;
• (2) A complete request must be signed by the claimant or a person legally authorized to sign for the claimant;

and 44 more added passages

Removed

• Link to an amendment published at 84 FR 173, Jan.

and 1 more removed passages

Added

• Editorial Note:For Federal Register citations affecting § 3.262, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

Removed

• Editorial Note:For Federal Register citations affecting § 3.262, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

Added

• Editorial Note:For Federal Register citations affecting § 3.272, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

Removed

• Editorial Note:For Federal Register citations affecting § 3.272, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

Added

• Editorial Note:For Federal Register citations affecting § 3.309, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

Removed

• Editorial Note:For Federal Register citations affecting § 3.309, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

Added

• 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 original, supplemental, or increased awards of compensation, pension, dependency and indemnity compensation, or a monetary allowance under 38 U.S.C.
• The provisions of this section apply to all original, supplemental, or increased awards unless such awards provide only for continuity of entitlement with no increase in rate of payment.
• (3) Adjustments of awards—such as in the case of original or increased apportionments or the termination of any withholding, reduction, or suspension by reason of:
• (4) Increases resulting solely from the enactment of legislation—such as
• 84 FR 166, Jan.

and 2 more added passages

Removed

• Link to an amendment published at 84 FR 166, Jan.
• 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 original, reopened, or increased awards of compensation, pension, dependency and indemnity compensation, or a monetary allowance under 38 U.S.C.
• The provisions of this section apply to all original, reopened, or increased awards unless such awards provide only for continuity of entitlement with no increase in rate of payment.
• (3) Adjustments of awards - such as in the case of original or increased apportionments or the termination of any withholding, reduction, or suspension by reason of:
• (4) Increases resulting solely from the enactment of legislation - such as

and 2 more removed passages

Added

• (b) Extra-schedular ratings in unusual cases—(1) Disability compensation.
• The effective date of these extra-schedular evaluations granting or increasing benefits will be in accordance with § 3.400(b)(1) and (2) as to original and supplemental claims and in accordance with § 3.400(o) in claims for increased benefits.
• 84 FR 170, Jan.

and 2 more added passages

Removed

• Link to an amendment published at 84 FR 170, Jan.
• (b) Extra-schedular ratings in unusual cases - (1) Disability compensation.
• The effective date of these extra-schedular evaluations granting or increasing benefits will be in accordance with § 3.400(b)(1) and (2) as to original and reopened claims and in accordance with § 3.400(o) in claims for increased benefits.

and 2 more removed passages

Added

• This paragraph applies to original and supplemental claims as well as claims for increase submitted by a veteran, surviving spouse, parent, or child.
• 84 FR 170, Jan.

and 2 more added passages

Removed

• Link to an amendment published at 84 FR 170, Jan.
• This paragraph applies to original and reopened claims as well as claims for increase submitted by a veteran, surviving spouse, parent, or child.

and 2 more removed passages

Added

• A request for an independent medical opinion in conjunction with a claim pending before VA may be initiated by the office having jurisdiction over the claim, by the claimant, or by his or her duly appointed representative.
• (1) Requests for independent medical opinions shall be approved when one of the following conditions is met:
• (i) The director of each Service from which a benefit is sought, or his or her designee, determines that the issue under consideration poses a medical problem of such complexity or controversy as to justify solicitation of an independent medical opinion;
• (ii) The independent medical opinion is required to fulfill the instructions contained in a remand order from the Board of Veterans' Appeals.
• (2) A determination that an independent medical opinion is not warranted may be contested only as part of an appeal to the Board of Veterans' Appeals on the merits of the decision rendered on the primary issue by VA.
• 84 FR 170, Jan.

and 2 more added passages

Removed

• Link to an amendment published at 84 FR 170, Jan.
• A request for an independent medical opinion in conjunction with a claim pending at the regional office level may be initiated by the office having jurisdiction over the claim, by the claimant, or by his or her duly appointed representative.
• Approval shall be granted only upon a determination by the Compensation Service or the Pension and Fiduciary Service that the issue under consideration poses a medical problem of such obscurity or complexity, or has generated such controversy in the medical community at large, as to justify solicitation of an independent medical opinion.
• When approval has been granted, the Compensation Service or the Pension and Fiduciary Service shall obtain the opinion.
• A determination that an independent medical opinion is not warranted may be contested only as part of an appeal on the merits of the decision rendered on the primary issue by the agency of original jurisdiction.

and 2 more removed passages

Added

• When service connection is granted initially on an original or supplemental claim for pulmonary or nonpulmonary tuberculosis and there is satisfactory evidence that the condition was active previously but is now inactive (arrested), it will be presumed that the disease continued to be active for 1 year after the last date of established activity, provided there is no evidence to establish activit…
• 6, 1968, as amended at 84 FR 170, Jan.

and 1 more added passages

Removed

• Link to an amendment published at 84 FR 170, Jan.
• When service connection is granted initially on an original or reopened claim for pulmonary or nonpulmonary tuberculosis and there is satisfactory evidence that the condition was active previously but is now inactive (arrested), it will be presumed that the disease continued to be active for 1 year after the last date of established activity, provided there is no evidence to establish activity or…

and 2 more removed passages

Added

• Except as otherwise provided, the effective date of an evaluation and award of pension, compensation, or dependency and indemnity compensation based on an initial claim or supplemental claim will be the date of receipt of the claim or the date entitlement arose, whichever is later.
• For effective date provisions regarding revision of a decision based on a supplemental claim or higher-level review, see § 3.2500.
• (1) As to decisions not finally adjudicated (see § 3.160(d)) prior to timely receipt of an application for higher-level review, or prior to readjudication on VA initiative, the date from which benefits would have been payable if the former decision had been favorable.
• (2) As to decisions which have been finally adjudicated (see § 3.160(d)), and notwithstanding other provisions of this section, the date entitlement arose, but not earlier than the date of receipt of the supplemental claim.
• (3) As to decisions which have been finally adjudicated (see 3.160(d)) and readjudication is undertaken solely on VA initiative, the date of Central Office approval authorizing a favorable decision or the date of the favorable Board of Veterans' Appeals decision.
• (2) Reopened claims received prior to the effective date provided in § 19.2(a) of this chapter:
• (3) Supplemental claims received more than one year after notice of decision:
• Latest of the following dates:

and 3 more added passages

Removed

• Link to an amendment published at 84 FR 170, Jan.
• Except as otherwise 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 final disallowance, or a claim for increase will be the date of receipt of the claim or the date entitlement arose, whichever is the later.
• (1) As to decisions not final prior to receipt of an application for reconsideration or to reopen, or prior to reconsideration on Department of Veterans Affairs initiative, the date from which benefits would have been payable if the former decision had been favorable.
• (2) As to decisions which have become final (by appellate decision or failure to timely initiate and perfect an appeal) prior to receipt of an application for reconsideration or to reopen, the date of receipt of such application or the date entitlement arose, whichever is later.
• (3) As to decisions which have become final (by appellate decision or failure to timely initiate and perfect an appeal) and reconsideration is undertaken solely on Department of Veterans Affairs initiative, the date of Central Office approval authorizing a favorable decision or the date of the favorable Board of Veterans Appeals decision.
• (2) Reopened claim:
• Editorial Note:For Federal Register citations affecting § 3.400, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

and 1 more removed passages

Added

• However, when an award of pension or compensation based on an original or supplemental claim is effective for a period prior to the date of receipt of the claim, any additional pension or compensation payable by reason of need for aid and attendance or housebound status shall also be awarded for any part of the award's retroactive period for which entitlement to the additional benefit is establis…
• However, when an award of disability compensation based on an original or supplemental claim is effective for a period prior to date of receipt of the claim additional disability compensation payable to a veteran by reason of the veteran's spouse's need for aid and attendance shall also be awarded for any part of the award's retroactive period for which the spouse's entitlement to aid and attenda…
• (e) Retirement pay (§ 3.750)—(1) Election.
• (h) Temporary increase “General Policy in Rating,” 1945 Schedule for Rating Disabilities—(1) Section 4.29 of this chapter.
• 83 FR 32738, July 13, 2018;
• 84 FR 170, Jan.

and 1 more added passages

Removed

• Link to an amendment published at 84 FR 171, Jan.
• However, when an award of pension or compensation based on an original or reopened claim is effective for a period prior to the date of receipt of the claim, any additional pension or compensation payable by reason of need for aid and attendance or housebound status shall also be awarded for any part of the award's retroactive period for which entitlement to the additional benefit is established.
• However, when an award of disability compensation based on an original or reopened claim is effective for a period prior to date of receipt of the claim additional disability compensation payable to a veteran by reason of the veteran's spouse's need for aid and attendance shall also be awarded for any part of the award's retroactive period for which the spouse's entitlement to aid and attendance …
• (e) Retirement pay (§ 3.750) - (1) Election.
• (h) Temporary increase “General Policy in Rating,” 1945 Schedule for Rating Disabilities - (1) Section 4.29 of this chapter.
• 83 FR 32738, July 13, 2018]

and 1 more removed passages

Added

• However, when an award of dependency and indemnity compensation (DIC) or pension based on an original or supplemental claim is effective for a period prior to date of receipt of the claim, any additional DIC or pension payable to the surviving spouse by reason of need for aid and attendance or housebound status shall also be awarded for any part of the award's retroactive period for which entitle…
• [45 FR 34887, May 23, 1980, as amended at 84 FR 170, Jan.

and 1 more added passages

Removed

• Link to an amendment published at 84 FR 171, Jan.
• However, when an award of dependency and indemnity compensation (DIC) or pension based on an original or reopened claim is effective for a period prior to date of receipt of the claim, any additional DIC or pension payable to the surviving spouse by reason of need for aid and attendance or housebound status shall also be awarded for any part of the award's retroactive period for which entitlement…
• [45 FR 34887, May 23, 1980]

and 1 more removed passages

Added

• However, when an award of dependency and indemnity compensation based on an original or supplemental claim is effective for a period prior to date of receipt of claim, any additional dependency and indemnity compensation payable by reason of need for aid and attendance may also be awarded for any part of the award's retroactive period for which entitlement to aid and attendance is established.
• [45 FR 34887, May 23, 1980, as amended at 84 FR 171, Jan.

and 1 more added passages

Removed

• Link to an amendment published at 84 FR 171, Jan.
• However, when an award of dependency and indemnity compensation based on an original or reopened claim is effective for a period prior to date of receipt of claim, any additional dependency and indemnity compensation payable by reason of need for aid and attendance may also be awarded for any part of the award's retroactive period for which entitlement to aid and attendance is established.
• [45 FR 34887, May 23, 1980]

and 1 more removed passages

Added

• Editorial Note:For Federal Register citations affecting § 3.500, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

Removed

• Editorial Note:For Federal Register citations affecting § 3.500, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

Added

• Editorial Note:For Federal Register citations affecting § 3.551, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

Removed

• Editorial Note:For Federal Register citations affecting § 3.551, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

Added

• (b) Original or supplemental claim, or claim for increase.
• When the examination was scheduled in conjunction with any other original claim, a supplemental claim for a benefit which was previously disallowed, or a claim for increase, the claim shall be denied.
• 84 FR 171, Jan.

and 2 more added passages

Removed

• Link to an amendment published at 84 FR 171, Jan.
• (b) Original or reopened claim, or claim for increase.
• When the examination was scheduled in conjunction with any other original claim, a reopened claim for a benefit which was previously disallowed, or a claim for increase, the claim shall be denied.

and 2 more removed passages

Added

• Editorial Note:For Federal Register citations affecting § 3.7, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.fdsys.gov.

Removed

• Editorial Note:For Federal Register citations affecting § 3.7, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

Added

• (c) Definitions—(1) Vietnam veteran.
• Except as otherwise provided, VA will award the monetary allowance for an individual suffering from spina bifida based on an initial claim or supplemental claim as of the date VA received the claim (or the date of birth if the claim is received within 1 year of that date) or the date entitlement arose, whichever is later.
• 84 FR 171, Jan.

and 2 more added passages

Removed

• Link to an amendment published at 84 FR 171, Jan.
• (c) Definitions - (1) Vietnam veteran.
• Except as otherwise provided, VA will award the monetary allowance for an individual suffering from spina bifida based on an original claim, a claim reopened after final disallowance, or a claim for increase as of the date VA received the claim (or the date of birth if the claim is received within 1 year of that date) or the date entitlement arose, whichever is later.

and 2 more removed passages

Added

• (a) Monthly monetary allowance—(1) General.
• (c) Definitions—(1) Vietnam veteran.
• chapter 18, for an individual with disability resulting from one or more covered birth defects, based on an initial claim or supplemental claim, as of the date VA received the claim (or the date of birth if the claim is received within one year of that date), the date entitlement arose, or December 1, 2001, whichever is latest.
• 84 FR 171, Jan.

and 2 more added passages

Removed

• Link to an amendment published at 84 FR 171, Jan.
• (a) Monthly monetary allowance - (1) General.
• (c) Definitions - (1) Vietnam veteran.
• chapter 18, for an individual with disability resulting from one or more covered birth defects, based on an original claim, a claim reopened after final disallowance, or a claim for increase, as of the date VA received the claim (or the date of birth if the claim is received within one year of that date), the date entitlement arose, or December 1, 2001, whichever is latest.

and 2 more removed passages