38 CFR Presented by Field Office - PowerPoint Presentation

38 CFR Presented by Field Office

Topics Covered How to Access the CFR 38 CFR Part 3 38 CFR Part 4 38 CFR Additional Useful Parts Good Sections to Tab Exercises

Ways to Access the CFR CFR Book eCFR (www.ecfr.gov) Vetraspec

38 CFR Part 3 Subjects What common subjects will I find in Part 3 and how will they help me in a claim?

38 CFR Part 3 What is in 38 CFR Part 3 3.1 General 3.50 Relationship 3.100 Administrative 3.150 Claims 3.200 Evidence Requirements 3.250 Dependency, Income and Estate Regulations Applicable to Programs in Affect Prior to January 1, 1979 3.271 Regulations Applicable to the Improved Pension Program Which Became Effective January 1, 1979 3.300 Ratings and Evaluations; Basic Entitlement Considerations 3.303 Ratings and Evaluations; Service Connection

38 CFR Part 3 What is in 38 CFR Part 3 (Cont.) 3.350 Ratings for Special Purposes 3.370 Rating Consideration Relative to a Specific Disease 3.400 Effective Dates 3.450 Apportionments 3.500 Reductions and Discontinuances 3.551 Hospital Adjustments 3.650 Adjustments and Resumptions 3.700 Concurrent Benefits and Elections 3.750 Retirement 3.800 Special Benefits 3.900 Forfeiture 3.1700 – 3.1713 Burial Benefits

Part 3 Exercises

A veteran wants to file a claim related to exposure of ionizing radiation. What CFR reference would you refer to? 38 CFR 3.311

Can National Guard and/or Reserve meet the minimum active duty requirements to file a claim? What is the CFR reference? Yes 38 CFR 3.12a(a)(1)(ii)

Benefits are not payable to a former service member if that service member has AWOL’s/UA for a continuous period of at least how many days? CFR reference? 180 38 CFR 3.12(c)(6)

What reference in the CFR would you refer to for Continuation of P&T for IU? 38 CFR 3.343(c)

What reference in the CFR would you use to find the eligibility criteria for the Special Home Adaptation Grant? 38 CFR 3.809

What reference in the CFR would you use for the Vietnam Blue Water Navy personnel to be eligible for service connection due to non-Hodgkin’s lymphoma? 38 CFR 3.313(b)

Can a veteran add a grandchild to his benefits after he has been appointed guardianship? How could the veteran add the grandchild as a dependent? What is the CFR reference? No Legally adopting the grandchild 38 CFR3.210(c)

If a veteran is convicted of homicide can they receive any monetary benefit from the VA? What is the CFR reference? No 38 CFR 3.11

A veteran traveling/residing in a foreign country wants to apply for VA benefits. Who, besides the veteran, can submit an application on his/her behalf? CFR reference? Diplomatic/consular officers of Dept. of State 38 CFR 3.108

Where in the CFR would you find the general definition of DIC? 38 CFR 3.5

38 CFR Part 4 Subjects What common subjects will I find in Part 4 and how will they help me in the claims process?

38 CFR Part 4 What is in 38 CFR Part 4 Subpart A: General Policy in Rating Subpart B: Disability Rating 4.40 The Musculoskeletal System 4.75 The Organs of Special Sense 4.85 Impairment of Auditory Acuity 4.88 Infectious Disease, Immune Disorders, and Nutritional Deficiencies 4.96 The Respiratory System 4.100 The Cardiovascular System 4.110 The Digestive System 4.115 The Genitourinary System 4.14.116 Gynecological Conditions and Disorders of the Breast 17 Hematologic and Lymphatic Systems 4.118 The Skin 4.119 The Endocrine System 4.120 Neurological Conditions and Convulsive Disorders 4.125 Mental Disorders 4.149 Dental and Oral Conditions

Part 4 Exercises

Using Part 4.85, Impairment of Auditory Acuity, determine the veteran’s Puretone Threshold Average decibel loss from the exam results listed below: Right Ear 500 1000 2000 3000 4000 6000 8000 30 50 60 65 70 80 55 Left Ear 500 1000 2000 3000 4000 6000 8000 15 15 15 25 15 70 40 Avg HZ right ear: 61 Avg HZ left ear: 18

Refer to Table VI in Part 4.85, to find the numeric designation for each ear using the Puretone Threshold Averages/speech discrimination scores Speech Discrimination Score in Right Ear 88% and Left Ear 92%. Average HZ in Right Ear 61 and Average HZ 18. Right Ear III Left Ear I

Using Table VII, what rating would a person receive for Hearing Loss using the Numeric Designation of Right Ear III and the Left Ear I? 0%

Where in the CFR would you find schedule of ratings - cardiovascular system? What is the diagnostic code for Coronary artery disease? 38 CFR 4.104 7005

What reference in the CFR would you use for Temporary Ratings? What are they? 4.28 - Prestabilization rating from date of discharge from service 4.29 - Ratings for Service Connected Disabilities requiring hospital treatment or observation 4.30 - Convalescent Ratings.

Additional Useful 38 CFR Parts Part 6, 8-9: These Parts cover the various insurance programs managed by VA Part 7: This Part covers the Soldiers and Sailors Civil Relief Act Part 13: This Part discusses fiduciary activities Part 17: This Part does a deep-dive into everything you ever wanted to know about VA medical benefits Part 19 & 20: This Part tells about the Board of Veterans Appeals Part 21: Vocational Rehabilitation Part 36: VA Loan Guarantee

When utilizing the physical book to research various issues you will want to ensure you tab the topics that you use the most. Here is a list of tabs that you will use regularly: 3.12 Character of Discharge 3.261 NSC Income Exclusions 3.307 Presumptive Conditions 3.309 Herbicide/AO Presumptive Conditions 3.317 Undiagnosed Illnesses 3.340 Individual Unemployability 3.350 Special Monthly Compensation 3.361 1151 Claims 4.25 Combined Rating Table 4.30 Convalescent Ratings (Temp 100%) 4.71 Musculoskeletal Ratings 4.85 Hearing Loss 4.104 Cardiovascular Diseases 4.130 Mental Health Conditions

38 CFR Part 3 & 4 Scenarios

Which CFR regulation outlines the testing for pain throughout range of motion in various ways? 38 CFR 4.59

Your veteran has anatomical loss of both eyes or blindness without light perception. What SMC Code applies? What CFR reference tells us which SMC to apply? SMC N 38 CFR 3.350 (d) (4)

Where in the CFR would you find Dependency and Indemnity Compensation (DIC) for a surviving spouse for an increase for regular Aid and Attendance? 38 CFR 3.10(e)(2)

An in-country Vietnam veteran who is rated at 10% SC for coronary artery disease and wants to file for an increase for it because he recently had one heart attack. His current METs rate is 6 and he has an ejection fraction of 45. Does he have a claim for an increase? What would be his current level of disability? Why? Yes 60% Ejection Fraction is between 30%-50%

Can the VA use age to deny a claim for service connected disability? What is the CFR reference? No 38 CFR 4.19

A veteran wants to file for service connected left knee condition. The veteran said he hurt his knee prior to going into the service and it got worse after he was in for 2 years. How do you establish service connection and what is the CFR reference? Aggravation 38 CFR 3.306

How long does a veteran need to maintain 100% P&T so surviving spouse or child can receive DIC for a non-service connected death? What is the 38 CFR regulation? 10 years 38 CFR 3.22(a)(2)( i )

Your veteran served in the Army, in Oman, in 1998 through 1999. About a year ago, they began to experience debilitating fatigue and could barely even take a shower. They also began to experience NE pharyngitis, generalized muscle aches, headaches, joint pain, tender lymph nodes, anemia, and sleep problems. They were diagnosed with Chronic Fatigue Syndrome and filed a claim for service connection. Does the veteran meet the criteria in the CFR for Chronic Fatigue Syndrome on a presumptive basis? What is CFR reference used to determine if it is, or isn’t presumptive? What is the applicable diagnostic code? Yes 38 CFR 3.317 6354

What CFR reference would you use to find out how to combine multiple ratings to equal one combined rating? If a veteran has a 50%, 30%, 20%, 10% and 10% rated disabilities what is their combined rating? 38 CFR 4.25 & Table I-Combined Rating Table 80%

Questions?