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VA Laws & Regulations: Disability Claim Rules: Page 13

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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.

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  1. 38 CFR § 3.450
    Regulation

    Which 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.

    2026-09-17
  2. 38 CFR § 3.451
    Regulation

    When 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.

    2026-09-17
  3. 38 CFR § 3.452
    Regulation

    Apportionment 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.

    2026-09-17
  4. 38 CFR § 3.453
    Regulation

    When 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.

    2026-09-17
  5. 38 CFR § 3.650
    Regulation

    How 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.

    2026-09-17
  6. 38 CFR § 3.651
    Regulation

    Benefit 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.

    2026-09-17
  7. 38 CFR § 3.652
    Regulation

    Responding 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.

    2026-09-17
  8. 38 CFR § 3.807
    Regulation

    Basic 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.

    2026-09-17
  9. 38 CFR § 3.808
    Regulation

    VA 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.

    2026-09-17
  10. 38 CFR § 3.809
    Regulation

    Eligibility 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.

    2026-09-17
  11. 38 CFR § 3.809a
    Regulation

    Eligibility 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.

    2026-09-17
  12. 38 CFR § 3.810
    Regulation

    VA 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.

    2026-09-17
  13. 38 CFR § 3.1000
    Regulation

    Accrued 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.

    2026-09-17
  14. 38 CFR § 14.629
    Regulation

    Who 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.

    2026-09-17
  15. 38 CFR § 14.630
    Regulation

    One-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.

    2026-09-17
  16. 38 CFR § 14.631
    Regulation

    VA 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.

    2026-09-17
  17. 38 CFR § 14.636
    Regulation

    Fees 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.

    2026-09-17
  18. 38 CFR § 19.21
    Regulation

    Notice 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.

    2026-09-17
  19. 38 CFR § 19.30
    Regulation

    What VA sends with a legacy Statement of the Case

    In a legacy appeal, VA sends the Statement of the Case to the appellant’s latest address and separately to the representative, together with instructions and VA Form 9.

    2026-09-17
  20. 38 CFR § 19.34
    Regulation

    Appealing a finding that a legacy appeal was late

    Whether a legacy Notice of Disagreement or substantive appeal was timely filed is itself an appealable issue.

    2026-09-17
  21. 38 CFR § 19.37
    Regulation

    New evidence after a legacy appeal begins

    In a legacy appeal, the agency of original jurisdiction reviews relevant evidence received before the record transfers to the Board and usually issues a Supplemental Statement of the Case when the evidence is new and pertinent.

    2026-09-17
  22. 38 CFR § 19.38
    Regulation

    What VA does after a legacy Board remand

    After the Board remands a legacy appeal, the agency of original jurisdiction completes the ordered development, reviews the whole record, and either grants the benefits or issues a Supplemental Statement of the Case for issues still denied.

    2026-09-17
  23. 38 CFR § 19.54
    Regulation

    New evidence usually does not extend a legacy appeal deadline

    Submitting additional evidence after an adverse decision generally does not extend the time to start or complete a legacy appeal.

    2026-09-17
  24. 38 CFR § 20.5
    Regulation

    The right to representation in a Board appeal

    An appellant has the right to representation at every stage of an appeal by a recognized organization, accredited attorney or agent, or another person authorized under VA’s rules.

    2026-09-17
  25. 38 CFR § 20.6
    Regulation

    When a representative may withdraw from a Board appeal

    After an appeal is filed with the Board, a representative generally must show good cause in a written motion before withdrawing.

    2026-09-17

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