38 CFR: VA Disability Regulations Explained: Page 2
Browse laws, regulations, and VA manual guidance alongside Claim Raven explanations. Choose a collection or search the laws and regulations below.
This collection: 201 CFR sections and 68 U.S. Code sections for disability claims and reviews. Search covers this collection. Browse or search M21 separately.
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- 38 CFR § 3.158
Regulation2026-09-03When VA considers a claim abandoned
This section describes circumstances in which failure to provide requested evidence or respond as required can lead VA to treat a claim as abandoned. It also addresses particular examination and whereabouts situations.
- 38 CFR § 3.159
Regulation2026-09-03VA duty to assist: records and examinations
This section explains medical and lay evidence, notice requirements, and VA’s duties to help obtain records and, when the requirements are met, examinations or opinions.
- 38 CFR § 3.160
Regulation2026-09-03Complete, pending, and final VA claims
This section defines important claim statuses, including what makes an application complete and when a claim is pending or finally adjudicated. It also distinguishes categories such as initial and supplemental claims.
- 38 CFR § 3.203
Regulation2026-09-03Military Records That Prove Qualifying Service
This rule explains when VA can accept a service-department document as proof of service and discharge status, and when VA must seek verification from the service department.
- 38 CFR § 3.204
Regulation2026-09-03Evidence Needed to Add VA Dependents
VA can accept a sufficiently detailed statement as proof of certain dependency facts, including marriage, a child's birth, or a dependent's death. This section also identifies when supporting records are required.
- 38 CFR § 3.300
Regulation2026-09-03Tobacco-Related VA Claims and Other Causes
For claims received after June 9, 1998, this rule generally bars service connection based on disease or injury attributable to tobacco use during service. It also describes situations where another basis for service connection remains possible.
- 38 CFR § 3.301
Regulation2026-09-03Line of Duty and Willful Misconduct
Direct service connection generally requires a disability to have been incurred or aggravated in line of duty rather than caused by willful misconduct. This section addresses particular circumstances, including alcohol and drug use.
- 38 CFR § 3.303
Regulation2026-09-03VA service connection explained
VA considers the full record to decide whether a disability began in service or a preexisting condition was aggravated there. Medical records, service circumstances and competent personal observations can matter.
- 38 CFR § 3.304
Regulation2026-09-03Direct Service Connection and PTSD Evidence
This rule explains several ways VA evaluates a condition's connection to service. It includes the presumption that you entered service in sound condition and special evidence rules for PTSD and certain service experiences.
- 38 CFR § 3.306
Regulation2026-09-03VA aggravation of a preexisting condition
This rule addresses aggravation of a condition that existed before service. An increase in disability during service and whether it reflects the condition’s natural progress are central questions.
- 38 CFR § 3.307
Regulation2026-09-03Presumptive Service Connection Requirements
A presumption can supply the connection between a listed disease and qualifying service without the usual individual medical opinion linking the two. This section sets service, timing, and other requirements for several groups of presumptive diseases.
- 38 CFR § 3.309
Regulation2026-09-03VA Presumptive Disease Lists
This section lists diseases associated with particular presumptions, including certain chronic diseases, former prisoner-of-war experiences, radiation exposure, herbicide exposure, and Camp Lejeune water contaminants. Each list has its own scope.
- 38 CFR § 3.310
Regulation2026-09-03Secondary service connection explained
This is the rule for secondary service connection. It addresses a disability caused by a service-connected condition and an increase in severity caused by that condition rather than natural progress.
- 38 CFR § 3.311
Regulation2026-09-03Radiation Exposure Claims and Dose Evidence
This rule provides a development process for certain claims involving ionizing radiation. VA may need to obtain exposure records, estimate the radiation dose, and obtain further review of whether the disease resulted from that exposure.
- 38 CFR § 3.313
Regulation2026-09-03Vietnam Service and Non-Hodgkin Lymphoma
This regulation provides a specific service-connection rule for non-Hodgkin lymphoma after Vietnam-era service in Vietnam. Its definition includes offshore waters and certain duty or visitation in other locations.
- 38 CFR § 3.316
Regulation2026-09-03Mustard Gas and Lewisite Exposure Claims
This rule links specified full-body exposure to mustard agents or Lewisite with certain later diseases. The covered condition depends on the particular agent and exposure circumstances described in the regulation.
- 38 CFR § 3.317
Regulation2026-09-03Gulf War Illness and Unexplained Symptoms
This section addresses qualifying chronic disabilities in Persian Gulf veterans, including undiagnosed illnesses and certain medically unexplained chronic multisymptom illnesses. The symptoms, their duration, and the medical explanation all matter.
- 38 CFR § 3.318
Regulation2026-09-03ALS Presumptive Service Connection
This regulation provides a presumption for amyotrophic lateral sclerosis, or ALS, developing after qualifying active service. It includes a requirement for at least 90 days of continuous active service and specific exceptions.
- 38 CFR § 3.320
Regulation2026-09-03Asthma, Rhinitis, Sinusitis and Particulate Exposure
This rule covers presumptive service connection for asthma, rhinitis, sinusitis, and specified rare respiratory cancers after qualifying service involving presumed fine particulate exposure. The listed diseases may appear to any degree at any time after qualifying separation.
- 38 CFR § 3.320a
Regulation2026-09-03Bladder and Ureter Cancer Presumptions
This section establishes presumptions for specified bladder, ureter, and related urinary cancers in covered veterans. It defines qualifying service locations and periods and identifies circumstances that can rebut the presumption.
- 38 CFR § 3.320b
Regulation2026-09-03Leukemia, Myeloma and Related Blood Disorder Presumptions
This rule covers specified leukemias, multiple myelomas including MGUS, myelodysplastic syndromes, and myelofibrosis in covered veterans. It uses the qualifying-service definition in section 3.320a.
- 38 CFR § 3.321
Regulation2026-09-03Extraschedular VA Ratings Explained
VA ordinarily rates a disability using the rating schedule. This section also provides a process for exceptional cases where the usual criteria are impractical because of an unusual disability picture and related factors.
- 38 CFR § 3.322
Regulation2026-09-03Ratings for Conditions Aggravated by Service
When service aggravated a preexisting disability, this rule addresses how VA calculates the compensable degree of disability. It generally concerns the increase beyond the level that existed when you entered service.
- 38 CFR § 3.324
Regulation2026-09-03Multiple Zero-Percent Ratings and Work Interference
This rule allows a 10-percent rating in a limited situation involving two or more separate permanent service-connected disabilities, none compensable, that clearly interfere with normal employability.
- 38 CFR § 3.326
Regulation2026-09-03VA Exams and Private Medical Evidence
VA may arrange an examination when the evidence is not adequate to rate a claim. This rule also allows adequate hospital reports, examination reports, or private physician statements to be accepted without another examination.