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Home Page > Executive Branch > Code of Federal Regulations > Electronic Code of Federal Regulations
e-CFR Data is current as of November 3, 2009
TITLE 38--Pensions, Bonuses, and Veterans' Relief
CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
PART 3--ADJUDICATION
Subpart A--PENSION, COMPENSATION, AND DEPENDENCY AND INDEMNITY COMPENSATION
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| Dependency and indemnity compensation. |
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| Individuals and groups considered to have performed active military, naval, or air service. |
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| Dependency and indemnity compensation rate for a surviving spouse. |
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| Minimum active-duty service requirement. |
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| Discharge to change status. |
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| Disability and death pension; Mexican border period and later war periods. |
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| Surviving spouse's benefit for month of veteran's death. |
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| DIC benefits for survivors of certain veterans rated totally disabled at time of death. |
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| Improved pension rates--Veterans and surviving spouses. |
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| Improved pension rates--Surviving children. |
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| Parent's dependency and indemnity compensation (DIC)--Method of payment computation. |
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| Section 306 and old-law pension annual income limitations. |
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| Automatic adjustment of benefit rates. |
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| Automatic adjustment of section 306 and old-law pension income limitations. |
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| Frequency of payment of improved pension and parents' dependency and indemnity compensation (DIC). |
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| Commencement of the period of payment. |
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| Exchange rates for foreign currencies. |
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| Philippine and Insular Forces. |
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| Compensation at the full-dollar rate for certain Filipino veterans residing in the United States. |
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| Burial benefits at the full-dollar rate for certain Filipino veterans residing in the United States on the date of death. |
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| Spouse and surviving spouse. |
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| Reinstatement of benefits eligibility based upon terminated marital relationships. |
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| Child adopted out of family. |
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| Definition of ''living with''. |
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| Delegations of authority. |
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| Procedural due process and appellate rights. |
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| Awards where not all dependents apply. |
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| State Department as agent of Department of Veterans Affairs. |
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| Computation of time limit. |
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| Change of law or Department of Veterans Affairs issue. |
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| Access to financial records. |
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| Claims for disability benefits. |
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| Claims for death benefits. |
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| Claims filed with Social Security. |
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| Injury due to hospital treatment, etc. |
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| New and material evidence. |
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| Report of examination or hospitalization as claim for increase or to reopen. |
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| Department of Veterans Affairs assistance in developing claims. |
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| Expedited Claims Adjudication Initiative--Pilot Program. |
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| Testimony certified or under oath. |
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| Exchange of evidence; Social Security and Department of Veterans Affairs. |
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| Evidence from foreign countries. |
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| Service records as evidence of service and character of discharge. |
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| Evidence of dependents and age. |
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| Void or annulled marriage. |
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| Claims based on attained age. |
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| Unexplained absence for 7 years. |
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| Change of status affecting entitlement. |
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| Court decisions; unremarried surviving spouses. |
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| Termination of marital relationship or conduct. |
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| Mandatory disclosure of social security numbers. |
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| Submission of statements or information affecting entitlement to benefits. |
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| Dependency of parents; compensation. |
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| Income of parents; dependency and indemnity compensation. |
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| Annual income; pension; Mexican border period and later war periods. |
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| Eligibility reporting requirements. |
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| Children; no surviving spouse entitled. |
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| Character of income; exclusions and estates. |
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| Corpus of estate; net worth. |
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| Applicability of various dependency, income and estate regulations. |
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| Relationship of net worth to pension entitlement. |
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| Criteria for evaluating net worth. |
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| Certain transfers or waivers disregarded. |
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| Eligibility reporting requirements. |
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| Claims based on the effects of tobacco products. |
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| Line of duty and misconduct. |
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| Service connection for mental unsoundness in suicide. |
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| Principles relating to service connection. |
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| Direct service connection; wartime and peacetime. |
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| Direct service connection; peacetime service before January 1, 1947. |
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| Aggravation of preservice disability. |
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| Presumptive service connection for chronic, tropical or prisoner-of-war related disease, or disease associated with exposure to certain herbicide agents; wartime and service on or after January 1, 1947. |
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| Presumptive service connection; peacetime service before January 1, 1947. |
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| Disease subject to presumptive service connection. |
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| Disabilities that are proximately due to, or aggravated by, service-connected disease or injury. |
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| Claims based on exposure to ionizing radiation. |
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| Claims based on service in Vietnam. |
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| Basic pension determinations. |
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| Basic eligibility determinations; dependents, loans, education. |
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| Claims based on chronic effects of exposure to mustard gas and Lewisite. |
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| Compensation for certain disabilities due to undiagnosed illnesses. |
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| Presumptive service connection for amyotrophic lateral sclerosis. |
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| General rating considerations. |
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| Rating of disabilities aggravated by service. |
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| Multiple noncompensable service-connected disabilities. |
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| lndependent medical opinions. |
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| Resumption of rating when veteran subsequently reports for Department of Veterans Affairs examination. |
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| Total and permanent total ratings and unemployability. |
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| Total disability ratings for compensation purposes. |
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| Permanent and total disability ratings for pension purposes. |
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| Continuance of total disability ratings. |
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| Stabilization of disability evaluations. |
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| Special monthly compensation ratings. |
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| Special monthly dependency and indemnity compensation, death compensation, pension and spouse's compensation ratings. |
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| Criteria for determining need for aid and attendance and ''permanently bedridden.'' |
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| Determinations of incompetency and competency. |
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| Determinations of insanity. |
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| Testamentary capacity for insurance purposes. |
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| Conditions which determine permanent incapacity for self-support. |
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| Civil service preference ratings. |
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| Compensation for disability or death from hospitalization, medical or surgical treatment, examinations or vocational rehabilitation training ( 3.800). |
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| Determination of service connection for former members of the Armed Forces of Czechoslovakia or Poland. |
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| Service-connected health-care eligibility of certain persons administratively discharged under other than honorable condition. |
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| Benefits under 38 U.S.C. 1151(a) for additional disability or death due to hospital care, medical or surgical treatment, examination, training and rehabilitation services, or compensated work therapy program. |
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| Offsets under 38 U.S.C. 1151(b) of benefits awarded under 38 U.S.C. 1151(a). |
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| Bar to benefits under 38 U.S.C. 1151. |
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| Pulmonary tuberculosis shown by X-ray in active service. |
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| Presumptive service connection for tuberculous disease; wartime and service on or after January 1, 1947. |
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| Initial grant following inactivity of tuberculosis. |
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| Effect of diagnosis of active tuberculosis. |
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| Determination of inactivity (complete arrest) in tuberculosis. |
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| Changes from activity in pulmonary tuberculosis pension cases. |
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| Diseases of allergic etiology. |
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| Service connection of dental conditions for treatment purposes. |
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| Special consideration for paired organs and extremities. |
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| Disability due to impaired hearing. |
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| Filipino veterans and their survivors; benefits at the full-dollar rate. |
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| Situations when benefits may be apportioned. |
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| Veterans compensation or service pension or retirement pay. |
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| Veterans disability pension. |
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| Veteran's benefits not apportionable. |
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| Dependency and indemnity compensation. |
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| Parents; aid and attendance. |
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| Filipino veterans and their survivors; benefits at the full-dollar rate. |
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| Reduction because of hospitalization. |
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| Adjustment of allowance for aid and attendance. |
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| Adjustment on discharge or release. |
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| Resumption and payment of withheld benefits; incompetents with estates that equaled or exceeded statutory limit. |
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| Rate for additional dependent. |
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| Change in status of dependents. |
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| Periodic certification of continued eligibility. |
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| Failure to report for Department of Veterans Affairs examination. |
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| Disappearance of veteran. |
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| Surviving spouse becomes entitled, or entitlement terminates. |
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| Offsets; dependency and indemnity compensation. |
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| Two parents in same parental line. |
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| Dependency, income and estate. |
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| Eligibility Verification Reports. |
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| Incarcerated beneficiaries and fugitive felons--compensation. |
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| Incarcerated beneficiaries and fugitive felons--pension. |
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| Elections of pension or compensation. |
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| Dependency and indemnity compensation. |
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| Two parents in same parental line. |
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| Elections within class of dependents. |
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| Dependents' educational assistance. |
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| Federal Employees' Compensation. |
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| Civil service annuitants. |
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| Improved pension elections. |
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| Improved pension elections; surviving spouses of Spanish-American War veterans. |
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| Effective dates of improved pension elections. |
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| Improved pension elections--public assistance beneficiaries. |
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| Radiation Exposure Compensation Act of 1990, as amended. |
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| Entitlement to concurrent receipt of military retired pay and disability compensation. |
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| Statutory awards; retired service personnel. |
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| Emergency officers' retirement pay. |
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| Disability or death due to hospitalization, etc. |
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| Special allowance under 38 U.S.C. 1312. |
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| Loan guaranty for surviving spouses; certification. |
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| Death gratuity; certification. |
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| Dependents' educational assistance; certification. |
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| Automobiles or other conveyances; certification. |
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| Specially adapted housing under 38 U.S.C. 2101(a). |
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| Special home adaptation grants under 38 U.S.C. 2101(b). |
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| Minimum income annuity and gratuitous annuity. |
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| Special allowance payable under section 156 of Pub. L. 97-377. |
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| Interim benefits for disability or death due to chloracne or porphyria cutanea tarda. |
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| Monetary allowance under 38 U.S.C. chapter 18 for an individual suffering from spina bifida whose biological father or mother is or was a Vietnam veteran. |
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| Monetary allowance under 38 U.S.C. chapter 18 for an individual with disability from covered birth defects whose biological mother is or was a Vietnam veteran; identification of covered birth defects. |
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| Awards under the Nehmer Court Orders for disability or death caused by a condition presumptively associated with herbicide exposure. |
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| St. Elizabeths Hospital, Washington, DC. |
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| Incompetents; estate over $25,000. |
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| Limitation on payments for minor. |
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| Beneficiary rated or reported incompetent. |
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| Change of name of female fiduciary. |
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| Children's benefits to fiduciary of surviving spouse. |
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| Effect of forfeiture after veteran's death. |
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| Declaration of forfeiture or remission of forfeiture. |
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| Helpless children; Spanish-American and prior wars. |
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| Preservation of disability ratings. |
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| Pub. L. 85-56 and Pub. L. 85-857. |
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| Federal employees' compensation cases. |
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| Section 306 and old-law pension protection. |
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| Entitlement under 38 U.S.C. 5121 to benefits due and unpaid upon death of a beneficiary. |
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| Hospitalized competent veterans. |
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| Political subdivisions of United States. |
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| Returned and canceled checks. |
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| Hospitalized incompetent veterans. |
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| Accrued benefits payable to foreign beneficiaries. |
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| Personal funds of patients. |
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Subpart B--BURIAL BENEFITS
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| Payment of burial expenses of deceased veterans. |
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| Special conditions governing payments. |
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| Authority for burial of certain unclaimed bodies. |
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| Payments from non-Department of Veterans Affairs sources. |
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| Death while traveling under prior authorization or while hospitalized by the Department of Veterans Affairs. |
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| Burial in national cemeteries; burial of unclaimed bodies. |
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| Official Department of Veterans Affairs representation at funeral. |
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| Monetary allowance in lieu of a Government-furnished headstone or marker. |
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Subpart C--[RESERVED]
Subpart D--UNIVERSAL ADJUDICATION RULES THAT APPLY TO BENEFIT CLAIMS GOVERNED BY PART 3 OF THIS TITLE
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| Will VA accept a signature by mark or thumbprint? |
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| Review of benefit claims decisions. |
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