38 C.F.R. PART 3--ADJUDICATION
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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| 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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| Proximate results, secondary conditions.
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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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| 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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| 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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