38 CFR: VA Disability Regulations Explained: Page 10
Browse laws, regulations, and VA manual guidance alongside Claim Raven explanations. Choose a collection or search the laws and regulations below.
This collection: 268 CFR sections and 118 U.S. Code sections for disability claims and reviews. Search covers this collection. Browse or search M21 separately.
Browse this collection
- 38 CFR § 3.354
Regulation2026-09-17VA’s insanity exception for a discharge-related offense
This section defines insanity for a narrow VA benefit question and directs VA to examine evidence from the time of an offense that led to court-martial, discharge, or resignation.
- 38 CFR § 3.356
Regulation2026-09-17Permanent incapacity for self-support before age 18
VA decides whether a child became permanently incapable of self-support because of a physical or mental condition by age 18. The decision is based on the individual record, not the rating schedule used for veterans.
- 38 CFR § 3.362
Regulation2026-09-17Offsets between section 1151 benefits and federal recoveries
When the same VA-caused disability or death supports both section 1151 benefits and a Federal Tort Claims Act judgment or settlement, VA may offset specified amounts to prevent duplicate recovery.
- 38 CFR § 3.363
Regulation2026-09-17The historical pre-1962 bar to section 1151 benefits
This narrow rule addresses administrative awards, settlements, compromises, or judgments based on the same disability or death that became final before December 1, 1962.
- 38 CFR § 3.380
Regulation2026-09-17Service connection for asthma and other allergic diseases
VA must decide allergic conditions from the full evidence and may not routinely dismiss asthma, urticaria, or another allergic disease as merely constitutional or developmental.
- 38 CFR § 3.381
Regulation2026-09-17Service connection for dental treatment eligibility
VA can recognize certain dental conditions for outpatient treatment even when the condition is not compensable. The analysis considers the tooth, entry condition, service treatment, timing, trauma, and treatment class.
- 38 CFR § 3.402
Regulation2026-09-17Effective dates for surviving-spouse benefit increases
This section sets effective-date rules for a surviving spouse’s aid-and-attendance, housebound, and certain Medicaid nursing-home benefit changes.
- 38 CFR § 3.450
Regulation2026-09-17Which VA apportionment rules apply to a claim
Sections 3.450 through 3.459 apply to apportionment claims VA receives on or after February 9, 2026. Existing apportionments being paid on that date continue until the circumstances supporting them end.
- 38 CFR § 3.451
Regulation2026-09-17When VA benefits may be apportioned under the current rule
This section permits apportionment in specific circumstances involving an incompetent veteran in government care, incarceration, certain dependent parents, or children of an incarcerated surviving spouse.
- 38 CFR § 3.452
Regulation2026-09-17Apportionment while a veteran receives government care
A veteran’s benefits may be apportioned in listed circumstances while the veteran receives hospital, nursing-home, or domiciliary care provided by a government entity, including while a fiduciary appointment is pending.
- 38 CFR § 3.453
Regulation2026-09-17When VA will not apportion benefits
VA will not apportion benefits without a claim filed by or for the spouse or child, and it bars apportionment in the forfeiture, treason, and subversive-activity circumstances listed here.
- 38 CFR § 3.650
Regulation2026-09-17How an additional dependent can change benefit rates
When another dependent claims entitlement that could reduce payments to someone already receiving benefits, VA coordinates the reduction, resumption, and new award under this section.
- 38 CFR § 3.651
Regulation2026-09-17Benefit changes when another dependent’s status ends
A person who becomes entitled to a benefit or higher rate because another payee’s award was reduced or stopped can receive the change without filing a new claim, subject to timely evidence.
- 38 CFR § 3.652
Regulation2026-09-17Responding to VA’s continued-eligibility certification
A beneficiary must certify continued eligibility when VA requests it. The request gives 60 days to respond, followed by a proposed reduction or termination notice and an additional 60-day response period if certification is still missing.
- 38 CFR § 3.807
Regulation2026-09-17Basic eligibility for Dependents’ Educational Assistance
A qualifying child, spouse, or surviving spouse can have basic Chapter 35 education eligibility based on a veteran’s permanent total service-connected disability, service-connected death, or specified active-duty circumstances.
- 38 CFR § 3.808
Regulation2026-09-17VA automobile and adaptive-equipment eligibility
VA can certify eligible veterans and active-duty members for automobile assistance and necessary adaptive equipment when a listed service-connected or line-of-duty disability is present. Separate statutory limits govern repeat vehicle grants.
- 38 CFR § 3.809
Regulation2026-09-17Eligibility for specially adapted housing
Specially adapted housing eligibility requires compensation or line-of-duty status for one of the listed severe permanent disabilities, such as specified loss of use, blindness, burn contractures, or qualifying ALS.
- 38 CFR § 3.809a
Regulation2026-09-17Eligibility for a special home adaptation grant
A special home adaptation grant is a separate housing-adaptation route for specified permanent total disabilities when the person is not entitled to specially adapted housing under section 3.809 and has not previously received that assistance.
- 38 CFR § 3.810
Regulation2026-09-17VA clothing allowance eligibility
A clothing allowance can apply when a qualifying appliance used for a service-connected disability wears or tears clothing, or prescribed medication for a service-connected skin condition irreparably damages outergarments.
- 38 CFR § 3.1000
Regulation2026-09-17Accrued VA benefits due and unpaid at death
Accrued benefits are qualifying periodic VA payments that were due and unpaid when a beneficiary died, based on existing decisions or evidence VA possessed by the date of death.
- 38 CFR § 14.629
Regulation2026-09-17Who VA accredits to represent claimants
This section sets the accreditation requirements for veterans service organization representatives, claims agents, and attorneys who prepare, present, or prosecute VA benefit claims.
- 38 CFR § 14.630
Regulation2026-09-17One-time representation by a non-accredited person
VA may authorize a person to help with one particular claim without regular accreditation when the required appointment and no-fee statement are filed.
- 38 CFR § 14.631
Regulation2026-09-17VA powers of attorney and access to claimant information
A valid VA power of attorney appoints a representative and authorizes VA to disclose claimant information to that representative. The correct form, signatures, and filing are required.
- 38 CFR § 14.636
Regulation2026-09-17Fees for VA-accredited agents and attorneys
This section governs when accredited agents and attorneys may charge fees, what fee agreements must contain, when VA can pay a fee directly from past-due benefits, and how fee disputes are reviewed.
- 38 CFR § 19.21
Regulation2026-09-17Notice of Disagreement rules for legacy appeals
In the legacy appeal system, a claimant generally must use the Notice of Disagreement form VA supplied with the decision and identify the disputed issues as the form requires.