M21-1 and 38 CFR changes, week of May 2, 2022

Added

• (a) Armed Forces means the United States Army, Navy, Marine Corps, Air Force, Space Force, and Coast Guard, including their Reserve components.
• (b) Reserve component means the Army, Naval, Marine Corps, Air Force, Space Force, and Coast Guard Reserves and the National and Air National Guard of the United States.
• (d) Veteran means a person who served in the active military, naval, air, or space service and who was discharged or released under conditions other than dishonorable.
• (2) For death pension the term veteran includes a person who died in active service under conditions which preclude payment of service-connected death benefits, provided such person had completed at least 2 years honorable military, naval, air, or space service, as certified by the Secretary concerned.
• (e) Veteran of any war means any veteran who served in the active military, naval, air, or space service during a period of war as set forth in § 3.2.
• (3) The Secretary of the Air Force, with respect to matters concerning the Air Force or the Space Force;
• (h) Discharge or release includes retirement from the active military, naval, air, or space service.
• (k) Service-connected means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty in the active military, naval, air, or space service.

and 3 more added passages

Removed

• (a) Armed Forces means the United States Army, Navy, Marine Corps, Air Force, and Coast Guard, including their Reserve components.
• (b) Reserve component means the Army, Naval, Marine Corps, Air Force, and Coast Guard Reserves and the National and Air National Guard of the United States.
• (d) Veteran means a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable.
• (2) For death pension the term veteran includes a person who died in active service under conditions which preclude payment of service-connected death benefits, provided such person had completed at least 2 years honorable military, naval or air service, as certified by the Secretary concerned.
• (e) Veteran of any war means any veteran who served in the active military, naval or air service during a period of war as set forth in § 3.2.
• (3) The Secretary of the Air Force, with respect to matters concerning the Air Force;
• (h) Discharge or release includes retirement from the active military, naval, or air service.
• (k) Service-connected means, with respect to disability or death, that such disability was incurred or aggravated, or that the death resulted from a disability incurred or aggravated, in line of duty in the active military, naval, or air service.

and 3 more removed passages

Added

• (2) The discharge is upgraded under uniform published standards and procedures that generally apply to all persons administratively discharged or released from active military, naval, air, or space service under conditions other than honorable;
• 87 FR 26125, May 3, 2022]

and 1 more added passages

Removed

• (2) The discharge is upgraded under uniform published standards and procedures that generally apply to all persons administratively discharged or released from active military, naval or air service under conditions other than honorable;

and 1 more removed passages

Added

• (c) Despite the fact that no unconditional discharge may have been issued, a person shall be considered to have been unconditionally discharged or released from active military, naval, air, or space service when the following conditions are met:
• (1) The person served in the active military, naval, air, or space service for the period of time the person was obligated to serve at the time of entry into service;
• 87 FR 26125, May 3, 2022]

and 1 more added passages

Removed

• (c) Despite the fact that no unconditional discharge may have been issued, a person shall be considered to have been unconditionally discharged or released from active military, naval or air service when the following conditions are met:
• (1) The person served in the active military, naval or air service for the period of time the person was obligated to serve at the time of entry into service;

and 1 more removed passages

Added

• other relevant records pertaining to the claimant's active military, naval, air, or space service that are held or maintained by a governmental entity;
• 87 FR 26125, May 3, 2022]

and 1 more added passages

Removed

• other relevant records pertaining to the claimant's active military, naval or air service that are held or maintained by a governmental entity;

and 1 more removed passages

Added

• 2302, the term “veteran” includes a person who died during a period deemed to be active military, naval, air, or space service under §§ 3.6(b)(7), 3.7(m) and 3.7(o).
• [79 FR 32658, June 6, 2014, as amended at 87 FR 26126, May 3, 2022]

Removed

• 2302, the term “veteran” includes a person who died during a period deemed to be active military, naval, or air service under §§ 3.6(b)(7), 3.7(m) and 3.7(o).

Added

• (a) Pension for veterans—(1) Service pension;
• (i) Served in the active military, naval, air, or space service for 90 days or more during a period of war (38 U.S.C.
• (ii) Served in the active military, naval, air, or space service during a period of war and was discharged or released from such service for a disability adjudged service-connected without presumptive provisions of law, or at time of discharge had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability (38 U…
• (iii) Served in the active military, naval, air, or space service for a period of 90 consecutive days or more and such period began or ended during a period of war (38 U.S.C.
• (iv) Served in the active military, naval air, or space service for an aggregate of 90 days or more in two or more separate periods of service during more than one period of war (38 U.S.C.
• (b) Pension for survivors—(1) Indian war death pension.
• 68 FR 34541, June 10, 2003;
• 87 FR 26125, May 3, 2022]

Removed

• (a) Pension for veterans - (1) Service pension;
• (i) Served in the active military, naval or air service for 90 days or more during a period of war (38 U.S.C.
• (ii) Served in the active military, naval or air service during a period of war and was discharged or released from such service for a disability adjudged service-connected without presumptive provisions of law, or at time of discharge had such a service-connected disability, shown by official service records, which in medical judgment would have justified a discharge for disability (38 U.S.C.
• (iii) Served in the active military, naval or air service for a period of 90 consecutive days or more and such period began or ended during a period of war (38 U.S.C.
• (iv) Served in the active military, naval or air service for an aggregate of 90 days or more in two or more separate periods of service during more than one period of war (38 U.S.C.
• (b) Pension for survivors - (1) Indian war death pension.
• 68 FR 34541, June 10, 2003]

Added

• An injury or disease incurred during active military, naval, air, or space service shall not be deemed to have been incurred in line of duty if such injury or disease was a result of the abuse of alcohol or drugs by the person on whose service benefits are claimed.
• 60 FR 27408, May 24, 1995;
• 87 FR 26125, May 3, 2022]

Removed

• An injury or disease incurred during active military, naval, or air service shall not be deemed to have been incurred in line of duty if such injury or disease was a result of the abuse of alcohol or drugs by the person on whose service benefits are claimed.
• 60 FR 27408, May 24, 1995]

Added

• A preexisting injury or disease will be considered to have been aggravated by active military, naval, air, or space service, where there is an increase in disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease.
• 87 FR 26125, May 3, 2022]

and 1 more added passages

Removed

• 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 disability during such service, unless there is a specific finding that the increase in disability is due to the natural progress of the disease.

and 1 more removed passages

Added

• (1) If a veteran is a former prisoner of war, the following diseases shall be service connected if manifest to a degree of disability of 10 percent or more at any time after discharge or release from active military, naval, air, or space service even though there is no record of such disease during service, provided the rebuttable presumption provisions of § 3.307 are also satisfied.
• (ii) Was interned or detained for not less than 30 days, the following diseases shall be service connected if manifest to a degree of 10 percent or more at any time after discharge or release from active military, naval, air or space service even though there is no record of such disease during service, provided the rebuttable presumption provisions of § 3.307 are also satisfied.

Removed

• (1) If a veteran is a former prisoner of war, the following diseases shall be service connected if manifest to a degree of disability of 10 percent or more at any time after discharge or release from active military, naval, or air service even though there is no record of such disease during service, provided the rebuttable presumption provisions of § 3.307 are also satisfied.
• (ii) Was interned or detained for not less than 30 days, the following diseases shall be service connected if manifest to a degree of 10 percent or more at any time after discharge or release from active military, naval, or air service even though there is no record of such disease during service, provided the rebuttable presumption provisions of § 3.307 are also satisfied.

Added

• (a) Except as provided in paragraph (b) of this section, the development of amyotrophic lateral sclerosis manifested at any time after discharge or release from active military, naval, air, or space service is sufficient to establish service connection for that disease.
• 23, 2008, as amended at 87 FR 26126, May 3, 2022]

Removed

• (a) Except as provided in paragraph (b) of this section, the development of amyotrophic lateral sclerosis manifested at any time after discharge or release from active military, naval, or air service is sufficient to establish service connection for that disease.

and 1 more removed passages

Added

• (a) Active military, naval, air, or space service.
• (i) The requirements of this paragraph are effective—
• (e) Travel status—training duty (disability or death from injury or covered disease).
• 67 FR 49585, July 31, 2002;
• 87 FR 26125, May 3, 2022]

Removed

• (a) Active military, naval, and air service.
• (i) The requirements of this paragraph are effective -
• (e) Travel status - training duty (disability or death from injury or covered disease).
• 67 FR 49585, July 31, 2002]

Added

• The following individuals and groups are considered to have performed active military, naval, air, or space service:
• (i) Applied for enlistment or enrollment in the active military, naval, air, or space service and who is provisionally accepted and directed, or ordered, to report to a place for final acceptance into the service, or

Removed

• The following individuals and groups are considered to have performed active military, naval, or air service:
• (i) Applied for enlistment or enrollment in the active military, naval, or air service and who is provisionally accepted and directed, or ordered, to report to a place for final acceptance into the service, or

Added

• (ii) Has been determined by VA to have a total disability permanent in nature incurred or aggravated in the line of duty during active military, naval, air, or space service;
• Service-connected disability or death must have been the result of active military, naval, air, or space service on or after April 21, 1898.
• (d) Relationship—(1) “Child” means the son or daughter of a veteran who meets the requirements of § 3.57, except as to age and marital status.
• 87 FR 26126, May 3, 2022]

and 1 more added passages

Removed

• (ii) Has been determined by VA to have a total disability permanent in nature incurred or aggravated in the line of duty during active military, naval, or air service;
• Service-connected disability or death must have been the result of active military, naval, or air service on or after April 21, 1898.
• (d) Relationship - (1) “Child” means the son or daughter of a veteran who meets the requirements of § 3.57, except as to age and marital status.

and 1 more removed passages

Added

• 3902 (including all State, local, and other taxes where such are applicable and included in the purchase price) and of basic entitlement to necessary adaptive equipment will be provided to—
• (2) A member of the Armed Forces serving on active duty who has a disability described in paragraph (b) of this section that is the result of an injury or disability incurred or disease contracted in or aggravated by active military, naval, air, or space service.
• 87 FR 26126, May 3, 2022]

and 1 more added passages

Removed

• 3902 (including all State, local, and other taxes where such are applicable and included in the purchase price) and of basic entitlement to necessary adaptive equipment will be provided to -
• (2) A member of the Armed Forces serving on active duty who has a disability described in paragraph (b) of this section that is the result of an injury or disability incurred or disease contracted in or aggravated by active military, naval, or air service.

and 1 more removed passages

Added

• A member of the Armed Forces serving on active duty must have a disability that was incurred or aggravated in line of duty in active military, naval, air, or space service and meets the requirements described in paragraph (b) of this section.
• 87 FR 26126, May 3, 2022]

and 1 more added passages

Removed

• A member of the Armed Forces serving on active duty must have a disability that was incurred or aggravated in line of duty in active military, naval, or air service and meets the requirements described in paragraph (b) of this section.

and 1 more removed passages

Added

• (b) A member of the Armed Forces serving on active duty must have a disability that was incurred or aggravated in line of duty in active military, naval, air, or space service and meets the requirements described in paragraph (c) of this section.
• 87 FR 26126, May 3, 2022]

and 1 more added passages

Removed

• (b) A member of the Armed Forces serving on active duty must have a disability that was incurred or aggravated in line of duty in active military, naval, or air service and meets the requirements described in paragraph (c) of this section.

and 1 more removed passages

Added

• (1) Any person who is convicted after September 1, 1959, of subversive activities shall from and after the date of commission of such offense have no right to gratuitous benefits (including the right to burial in a national cemetery) under laws administered by the Department of Veterans Affairs based on periods of military, naval, air, or space service commencing before the date of the commission…
• 87 FR 26126, May 3, 2022]

and 1 more added passages

Removed

• (1) Any person who is convicted after September 1, 1959, of subversive activities shall from and after the date of commission of such offense have no right to gratuitous benefits (including the right to burial in a national cemetery) under laws administered by the Department of Veterans Affairs based on periods of military, naval, or air service commencing before the date of the commission of suc…

and 1 more removed passages