VA Laws & Regulations: Disability Claim Rules: Page 14

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1. 38 CFR § 20.110
   Regulation

   How VA computes a Board filing deadline

   When the Board’s rules require a written filing within a set period, a timely postmark can establish filing, and weekends and legal holidays affect the calculation.

   2026-09-17
2. 38 CFR § 20.200
   Regulation

   VA notice of the right to appeal

   When an agency of original jurisdiction decides entitlement or nonentitlement to VA benefits, it must notify the claimant and representative of appellate rights, including hearing and representation rights.

   2026-09-17
3. 38 CFR § 20.201
   Regulation

   What creates a modernized Board appeal

   A modernized appeal of an agency decision consists of a Notice of Disagreement submitted to the Board under the requirements in sections 20.202 through 20.204.

   2026-09-17
4. 38 CFR § 20.204
   Regulation

   Who may file a Board Notice of Disagreement

   A claimant or a properly appointed representative may file a Board Notice of Disagreement. In specified disability or incompetency situations, a fiduciary or next friend may file.

   2026-09-17
5. 38 CFR § 20.700
   Regulation

   The purpose and limits of a Board hearing

   The Board grants a requested hearing so the appellant and witnesses can give relevant testimony and argument on appealed issues. The proceeding is nonadversarial and does not use courtroom cross-examination.

   2026-09-17
6. 38 CFR § 20.702
   Regulation

   How the Board conducts appeal hearings

   This regulation lists two methods for a Board appeal hearing: an in-person hearing at the Board's principal location in Washington, DC, or an electronic hearing that carries picture and sound between the appellant at a VA facility and the Board.

   2026-09-17
7. 38 CFR § 20.703
   Regulation

   When to request a Board hearing and change its method

   A hearing request must be made with the Board Notice of Disagreement or through a permitted modification of that notice. The Board rejects a hearing request made at another time under this rule.

   2026-09-17
8. 38 CFR § 20.904
   Regulation

   When the Board remands or refers a matter

   The Board may remand an appeal when more evidence, clarification, a procedural correction, or another essential action is needed for a proper decision. It generally refers an unadjudicated claim raised by the record to the agency of original jurisdiction.

   2026-09-17
9. 38 CFR § 20.1104
   Regulation

   When a Board decision replaces the underlying VA decision

   When the Board affirms a determination by the agency of original jurisdiction, that underlying determination is treated as subsumed by the Board's final appellate decision.

   2026-09-17
10. 38 CFR § 20.1400
    Regulation

    Which final Board decisions can be reviewed for clear and unmistakable error

    A final Board decision can generally be reviewed for clear and unmistakable error, either on the Board's own motion or on a party's motion that meets the governing requirements.

    2026-09-17
11. 38 CFR § 20.1409
    Regulation

    Finality of a Board decision on a CUE motion

    A Board decision on a clear-and-unmistakable-error motion is final on the date stamped on its face and is subject to judicial review. Some dismissals without prejudice and specified referrals are not final Board decisions.

    2026-09-17
12. 38 USC § 102
    Statute

    When a parent qualifies as a dependent for VA benefits

    This section directs VA to decide whether a veteran's parent is dependent under VA regulations. It protects some parents from being denied solely because they remarried and excludes specified veterans' and state service payments from the income calculation.

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13. 38 USC § 103
    Statute

    Marriage rules for VA survivor benefits

    This section explains how VA determines whether a marriage is valid for benefit purposes and when a marriage affected by a legal impediment may still be recognized. It also contains detailed remarriage rules for surviving spouses and annulled marriages involving a veteran's child.

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14. 38 USC § 106
    Statute

    When special service or travel counts as active service

    This section treats several narrowly defined service and travel situations as active duty or training for specified VA purposes. It covers certain historical service groups, travel for final entry onto active duty, direct travel to or from training, and a short travel period immediately after release.

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15. 38 USC § 107
    Statute

    VA benefit limits for specified Philippine service

    This section limits how specified World War II service in Philippine forces and certain Philippine Scout service is treated under federal veterans-benefit laws. It preserves eligibility for named benefit chapters and contains payment-rate exceptions tied to residence and immigration status.

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16. 38 USC § 503
    Statute

    Equitable relief for federal administrative error

    This section permits the Secretary of Veterans Affairs to grant equitable relief when a federal administrative error prevented benefits or when someone suffered loss after reasonably relying on an erroneous VA eligibility determination. The authority is discretionary.

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17. 38 USC § 511
    Statute

    Who decides VA benefit questions and who may review them

    This section assigns the Secretary the authority to decide law and fact questions necessary to VA benefit decisions. It limits outside review while preserving the specific judicial and statutory review routes listed in the law.

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18. 38 USC § 1301
    Statute

    Who counts as a veteran for DIC chapter purposes

    For the dependency and indemnity compensation chapter, this definition includes a person who died while in active military, naval, air, or space service. It prevents the ordinary past-tense wording of 'veteran' from excluding a service member who died during active service.

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19. 38 USC § 1304
    Statute

    Marriage-duration rules for surviving-spouse DIC

    This section sets alternative marriage requirements for DIC when a veteran died after December 31, 1956. A surviving spouse can satisfy the rule through the timing of the marriage after the relevant service period, at least one year of marriage, or having a child with the veteran.

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20. 38 USC § 1305
    Statute

    DIC reevaluation after a new service presumption

    When a law, regulation, federal court decision, or settlement establishes or changes a service-connection presumption, this section requires VA to identify certain previously denied DIC claims and let the claimant elect reevaluation. An approved reevaluation receives the special effective-date treatment stated here.

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21. 38 USC § 1310
    Statute

    When a service-connected death supports DIC

    This section authorizes dependency and indemnity compensation for a qualifying surviving spouse, child, or parent when a veteran dies from a service-connected or compensable disability. It generally applies the chapter 11 service-connection standards to the cause of death.

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22. 38 USC § 1311
    Statute

    DIC rates and additions for a surviving spouse

    This section establishes the surviving-spouse DIC rate structure and additions for specified circumstances, including a veteran's qualifying period of total disability, children under 18, aid and attendance, housebound status, and a temporary child-related increase.

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23. 38 USC § 1313
    Statute

    DIC payments to children when no spouse is entitled

    This section provides DIC in equal shares to a deceased veteran's children when no surviving spouse is entitled to DIC. It also addresses a retroactive adjustment when an older child's entitlement is restored because the child is pursuing approved education.

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24. 38 USC § 1314
    Statute

    Supplemental DIC for certain adult children

    This section provides additional or concurrent DIC for certain children age 18 or older. It covers a child who became permanently incapable of self-support before 18 and a child who has reached age 18, is under 23, and pursues approved education while DIC is paid to a surviving spouse.

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25. 38 USC § 1315
    Statute

    Income-based DIC for a veteran's parents

    This section establishes DIC for dependent parents of a deceased veteran. Payment depends on whether there is one parent or two, whether they live together or a parent lives with a spouse, annual income, specified exclusions, and possible aid-and-attendance status.

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