38 USC: VA Disability Laws Explained: Page 2

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1. 38 USC § 1153
   Statute

   Aggravation of a preservice disability

   A preexisting injury or disease is considered aggravated where disability increased during service, unless there is a specific finding that the increase was due to natural progress.

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2. 38 USC § 1154
   Statute

   Service Circumstances and Combat Evidence

   VA must consider the places, types, and circumstances of your service. This statute also provides a special evidence rule for qualifying combat-related in-service injury or disease when the account is consistent with that service.

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3. 38 USC § 1155
   Statute

   The law behind VA disability rating percentages

   Congress directs VA to adopt a disability rating schedule based, as far as practicable, on average reductions in earning capacity.

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4. 38 USC § 1156
   Statute

   Temporary Disability Ratings in Federal Law

   This statute provides temporary ratings for specified circumstances, including certain recently separated veterans, qualifying service-related mental disorders, extended hospital treatment, and convalescence.

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5. 38 USC § 1157
   Statute

   Combining Disabilities From Different Service Periods

   This law provides for combining ratings when a veteran has qualifying disabilities from both wartime and other service periods. It prevents the different periods from being treated as unrelated compensation systems.

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6. 38 USC § 1159
   Statute

   Federal Protection of Service Connection After Ten Years

   This statute protects service connection that has been in force for ten years or more, subject to specific exceptions involving fraud or the required service or discharge status.

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7. 38 USC § 1160
   Statute

   Compensation for Paired Organ Disabilities

   This statute provides special treatment for specified combinations of service-connected and nonservice-connected disabilities affecting paired organs or extremities. Qualifying combinations are compensated as if both were service connected.

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8. 38 USC § 1161
   Statute

   Limits on Disability Severance Pay Recoupment

   This statute limits the monthly deduction of disability severance pay from VA compensation when recoupment is required under the referenced military-pay law. The initial VA disability rating is relevant to that limit.

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9. 38 USC § 1162
   Statute

   VA Clothing Allowance Eligibility

   A clothing allowance can apply when a service-connected disability requires an appliance that damages clothing or prescribed skin medication that irreparably damages outergarments. This statute also addresses recurring payments and eligibility reviews.

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10. 38 USC § 1163
    Statute

    TDIU Trial Work and Twelve-Month Protection

    This law protects qualifying veterans with TDIU from reduction based on starting substantially gainful work unless they maintain that occupation for twelve consecutive months. It also addresses vocational support and notice.

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11. 38 USC § 1164
    Statute

    COVID-19 Presumptions for Qualifying Duty

    This statute provides specific presumptions involving COVID-19 during or shortly after qualifying duty. It addresses infection, disease, and disability resulting from COVID-19 under defined service and manifestation conditions.

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12. 38 USC § 1165
    Statute

    Choosing the Sex of an Examiner for Certain Trauma Claims

    This statute lets a veteran designate the sex of the examiner for a qualifying compensation examination involving a mental or physical condition resulting from sexual assault, sexual battery, or sexual harassment.

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13. 38 USC § 1166
    Statute

    Specialized Processing for Military Sexual Trauma Claims

    This law requires specialized teams for covered mental health compensation claims based on military sexual trauma and training to identify evidence markers. It also provides an option for referral to an MST coordinator.

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14. 38 USC § 1168
    Statute

    Toxic Exposure Exams and Medical Nexus Opinions

    This statute requires an examination and medical opinion in specified toxic-exposure claims where there is evidence of disability and participation in a toxic exposure risk activity, but insufficient evidence to establish service connection.

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15. 38 USC § 5100
    Statute

    What Claimant and Notice Mean in VA Claims

    This short statute defines claimant and notice for the claims chapter. A claimant is someone applying for or submitting a claim for a VA benefit, and notice can include authorized electronic communication.

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16. 38 USC § 5101
    Statute

    Filing a VA Claim on the Required Form

    This statute generally requires a specific claim on the prescribed form before VA benefits can be paid. It also contains particular provisions for survivors and other filing circumstances.

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17. 38 USC § 5102
    Statute

    Incomplete VA Applications and Missing Information

    VA must provide application forms and instructions without charge and notify you when information needed to complete an application is missing. This statute also addresses the time allowed to supply that information.

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18. 38 USC § 5103
    Statute

    VA's Notice of Evidence Needed for Your Claim

    This law addresses VA's duty to tell you what information and evidence are needed to support a claim. The notice should distinguish what you need to provide from what VA will try to obtain.

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19. 38 USC § 5103A
    Statute

    VA's Duty to Assist With Evidence

    This statute requires reasonable efforts to help obtain evidence needed to support a claim, including relevant records and examinations when the applicable conditions are met. It also describes limits on that duty.

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20. 38 USC § 5104
    Statute

    What a VA Decision Letter Must Explain

    This law lists information a VA decision notice must include, such as the issues decided, evidence considered, favorable findings, reasons an element was not satisfied, and review instructions.

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21. 38 USC § 5104A
    Statute

    Favorable Findings in VA Decisions

    This statute makes favorable findings binding on later VA adjudicators unless the specified evidentiary standard for rebuttal is met. A favorable finding can concern an important part of a claim even when the overall result is a denial.

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22. 38 USC § 5104B
    Statute

    The Law Behind Higher-Level Review

    This statute allows review of an eligible agency decision by a higher-level adjudicator. It sets filing requirements and provides for review using the existing evidentiary record.

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23. 38 USC § 5104C
    Statute

    Choosing a VA Decision Review Option

    This statute sets out the main options after an agency decision: Higher-Level Review, a Supplemental Claim, or a Board appeal. It also addresses when the same issue can move between administrative review options.

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24. 38 USC § 5106
    Statute

    Federal Agency Records in a VA Claim

    This statute authorizes VA to request information from other federal agencies for benefit eligibility, payment amounts, or verification. The agency providing the information bears the specified cost.

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25. 38 USC § 5107
    Statute

    Benefit of the doubt in VA claims

    The claimant is generally responsible for presenting and supporting a claim. VA must consider the full record and give the benefit of the doubt when positive and negative evidence about a material issue are approximately balanced.

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