38 CFR: VA Disability Regulations Explained: Page 3
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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 § 3.327
Regulation2026-09-03VA Reexaminations and Future Exam Rules
VA can request a reexamination to verify a disability's continued existence or severity. This rule describes when future examinations are generally scheduled and circumstances where periodic reexaminations ordinarily are not requested.
- 38 CFR § 3.328
Regulation2026-09-03Independent Medical Opinions in Complex Claims
This rule allows VA to obtain an outside medical expert's opinion when a pending claim presents sufficient medical complexity or controversy. It explains how a written request is considered and approved.
- 38 CFR § 3.340
Regulation2026-09-03Total Disability and Permanent and Total Ratings
A total disability rating and a permanent total disability finding answer different questions. This section describes total disability and when an impairment is considered reasonably certain to continue throughout life.
- 38 CFR § 3.341
Regulation2026-09-03TDIU and Service-Connected Work Limitations
This rule addresses total disability compensation based on unemployability. When the schedule provides less than a total rating, the service-connected disabilities must be sufficient to produce unemployability without considering advancing age.
- 38 CFR § 3.343
Regulation2026-09-03Protections Against Reducing Total Disability Ratings
This rule sets conditions for reducing certain total disability ratings. For qualifying total ratings, an examination showing material improvement must be considered with the full record and the ordinary conditions of life.
- 38 CFR § 3.344
Regulation2026-09-03Stabilized VA Ratings and Reduction Protections
This regulation provides additional safeguards for certain ratings that have been in place for a long period. VA must consider the completeness of examinations and whether improvement is sustained under ordinary life conditions.
- 38 CFR § 3.350
Regulation2026-09-03Special Monthly Compensation Levels Explained
Special monthly compensation, or SMC, provides additional compensation for particular disability circumstances, including specified loss or loss of use, aid and attendance, and housebound situations. This section explains the different levels and combinations.
- 38 CFR § 3.352
Regulation2026-09-03Aid and Attendance Evidence for SMC
This rule explains the personal-care and safety needs VA considers for regular aid and attendance, including help with dressing, hygiene, eating, toileting, and protection from everyday hazards. It also defines permanently bedridden for this purpose.
- 38 CFR § 3.353
Regulation2026-09-03VA Competency Decisions and Managing Benefits
This regulation concerns whether a person has the mental capacity to manage their affairs, including benefit funds. A VA competency determination is separate from the percentage assigned for a mental health condition.
- 38 CFR § 3.361
Regulation2026-09-03Section 1151 Claims for Additional Disability
This rule explains certain claims for additional disability caused by VA care, treatment, examination, or specified programs. VA compares the condition before and after the relevant event and examines causation and the applicable legal requirements.
- 38 CFR § 3.383
Regulation2026-09-03Paired Organs and Service-Connected Disability
In specified combinations, VA can pay compensation as if disabilities affecting both paired organs or extremities were service connected even when only one side is service connected.
- 38 CFR § 3.384
Regulation2026-09-03What VA Means by Psychosis
This section defines psychosis for the benefit rules in Part 3 by listing particular DSM-5 disorders. The definition matters when another rule uses the word psychosis as an eligibility category.
- 38 CFR § 3.385
Regulation2026-09-03When Hearing Loss Counts as a VA Disability
Hearing loss meets VA's disability definition if a threshold is at least 40 decibels at a listed frequency, at least three listed thresholds are 26 decibels or more, or Maryland CNC speech recognition is below 94 percent.
- 38 CFR § 3.400
Regulation2026-09-03VA Effective Dates and Back Pay Rules
An effective date determines when entitlement to an award begins. The general rule uses the later of the claim date or the date entitlement arose, but this section contains many exceptions for specific situations.
- 38 CFR § 3.401
Regulation2026-09-03Effective Dates for Dependents and Additional Benefits
This section addresses effective dates for particular awards to veterans, including dependency additions and certain aid-and-attendance or housebound benefits. Different subsections use different triggering dates and evidence requirements.
- 38 CFR § 3.500
Regulation2026-09-03When VA Reductions and Discontinuances Take Effect
This rule addresses dates for reducing or stopping benefits in many different circumstances. It distinguishes events such as dependency changes and erroneous payments and works with separate notice and reduction protections.
- 38 CFR § 3.501
Regulation2026-09-03Compensation Changes After Service or Family Events
This section gives specific discontinuance or reduction dates for benefits paid to veterans. Examples include returning to active service and changes in a dependent's status.
- 38 CFR § 3.654
Regulation2026-09-03VA Compensation When Returning to Military Duty
VA compensation cannot be paid for the same covered periods as active service pay. This rule addresses stopping and resuming benefits when a veteran returns to qualifying duty, including particular training situations.
- 38 CFR § 3.655
Regulation2026-09-03Missing a VA Exam and Good Cause
Missing a required VA examination without good cause can affect a claim or an existing award. The consequence depends on the type of claim and whether entitlement can be established without that examination.
- 38 CFR § 3.665
Regulation2026-09-03Incarceration and VA Compensation Payments
This section limits compensation payments in specified felony-incarceration circumstances and addresses related issues, including possible apportionment to dependents and resumption after release.
- 38 CFR § 3.667
Regulation2026-09-03Adding a Child Over 18 Who Is in School
Compensation for a qualifying dependent child may continue or begin after age 18 based on attendance at an approved educational institution. This rule covers timing, school terms, interruptions, and related payment issues.
- 38 CFR § 3.700
Regulation2026-09-03Military Pay, Separation Pay and VA Offsets
This rule addresses limits on receiving certain benefits or military payments at the same time as VA compensation. It includes active service pay and several kinds of separation or readjustment payments.
- 38 CFR § 3.750
Regulation2026-09-03Military Retirement and VA Compensation
This regulation addresses when military retired pay and VA disability compensation may be received together and when a waiver is involved. It includes special rules for disability retirees and qualifying service.
- 38 CFR § 3.816
Regulation2026-09-03Nehmer Effective Dates for Herbicide Claims
This rule implements special effective-date provisions from the Nehmer court orders for defined class members and covered herbicide diseases. Earlier claims and denials can be important to the award date.
- 38 CFR § 3.951
Regulation2026-09-03The 20-Year VA Rating Protection
A disability continuously rated at or above a level for 20 years generally cannot be reduced below that protected level except for fraud. This section also protects against reductions based only on a rating-schedule change without actual improvement.