M21-1 and 38 CFR changes, week of Nov 14, 2022

Added

• The period beginning on November 1, 1955, and ending on May 7, 1975, inclusive, in the case of a veteran who served in the Republic of Vietnam during that period.
• 62 FR 35422, July 1, 1997;
• 87 FR 68363, Nov.

and 1 more added passages

Removed

• The period beginning on February 28, 1961, and ending on May 7, 1975, inclusive, in the case of a veteran who served in the Republic of Vietnam during that period.
• 62 FR 35422, July 1, 1997]

Added

• (9) (i) On or after February 4, 2003, the remarriage of a surviving spouse after age 55 shall not bar the furnishing of benefits relating to medical care for survivors and dependents under 38 U.S.C.
• (iii) The remarriage of a surviving spouse after the age of 55 (at any time) shall not bar the furnishing of benefits under 38 U.S.C.
• chapter 13 to such person as the surviving spouse of the veteran.
• (10)(i) On or after January 1, 2004, the remarriage of a surviving spouse after the age of 57 shall not bar the furnishing of benefits relating to medical care for survivors and dependents under 38 U.S.C.
• (ii) A surviving spouse who remarried after the age of 57, but before December 16, 2003, may be eligible for medical care for survivors and dependents under 38 U.S.C.
• chapter 37 pursuant to paragraph (a)(10)(i) of this section only if the application for such benefits was received by VA before December 16, 2004.
• (11) A surviving spouse will not be barred from benefits relating to Medal of Honor special pension under 38 U.S.C.

and 12 more added passages

Removed

• (9) Benefits under 38 U.S.C.
• 1781 for a surviving spouse who remarries after age 55.
• (i) On or after February 4, 2003, the remarriage of a surviving spouse after age 55 shall not bar the furnishing of benefits relating to medical care for survivors and dependents under 38 U.S.C.
• (10) Benefits for a surviving spouse who remarries after age 57.
• (i) On or after January 1, 2004, the remarriage of a surviving spouse after the age of 57 shall not bar the furnishing of benefits relating to dependency and indemnity compensation under 38 U.S.C.
• 1311, medical care for survivors and dependents under 38 U.S.C.
• (ii) A surviving spouse who remarried after the age of 57, but before December 16, 2003, may be eligible for dependency and indemnity compensation under 38 U.S.C.
• 1311, medical care for survivors and dependents under 38 U.S.C.

and 3 more removed passages

Added

• (d) Finality of election.(1) Except as noted in paragraphs (d)(2) and (g) of this section, an election to receive dependency and indemnity compensation is final and the claimant may not thereafter reelect death pension or compensation in that case.
• (g) Medal of Honor pension.
• A surviving spouse who qualifies for dependency and indemnity compensation under 38 U.S.C.
• 1311 or 1318 may, by notifying the Secretary in writing, elect to receive instead Medal of Honor pension, if entitled to such pension.
• See also § 3.802(c)(2) and (3).
• 87 FR 68363, Nov.

and 3 more added passages

Removed

• (d) Finality of election.
• (1) Except as noted in paragraph (d)(2), an election to receive dependency and indemnity compensation is final and the claimant may not thereafter reelect death pension or compensation in that case.

and 2 more removed passages

Added

• (a) The Secretary of the Department of the Army, the Department of the Navy, the Department of the Air Force, or the Department in which the Coast Guard is operating will determine the eligibility of applicants to be entered on the Medal of Honor Roll and will deliver to the Secretary of the Department of Veterans Affairs a copy of each certificate issued in which the right of the person named in…
• A surviving spouse may be eligible for special pension in accordance with paragraph (c) of this section.
• 1562 will be made beginning as of the date on which the person's name is entered on the Army, Navy, Air Force, and/or Coast Guard Medal of Honor Roll.
• However, a person awarded more than one Medal of Honor, or a person married to more than one person who has been awarded a Medal of Honor, may not receive more than one special pension.
• A person who is entitled to special pension under paragraph (a) of this section may elect not to receive special pension by notifying the Secretary of such election in writing.

and 27 more added passages

Removed

• (a) The Secretary 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 be entered on the Medal of Honor Roll and will deliver to the Secretary of the Department of Veterans Affairs a certified copy of each certificate issued in which the right of the person named in the certi…
• 1562 will be made as of the date of filing of the application with the Secretary concerned.
• However, a person awarded more than one Medal of Honor may not receive more than one special pension.
• (c) VA will pay to each person who is receiving or who in the future receives Medal of Honor pension a retroactive lump sum payment equal to the total amount of Medal of Honor pension that person would have received during the period beginning the first day of the month after the date of the event for which the veteran earned the Medal of Honor and ending on the last day of the month preceding th…
• VA will calculate the lump sum payment using the monthly Medal of Honor pension rates in effect from the first day of the month after the date of the event for which the veteran earned the Medal of Honor, to the last day of the month preceding the month in which the individual was initially awarded the Medal of Honor pension.
• VA will not make a retroactive lump sum payment under this section before October 1, 2003.
• [26 FR 1605, Feb.

and 8 more removed passages