---
kind: "section"
citation: "38 C.F.R. § 3.363"
title: "38"
number: "3.363"
heading: "Bar to benefits under 38 U.S.C. 1151."
url: "https://uscodex.org/cfr/38/3.363"
---

# §3.363. Bar to benefits under 38 U.S.C. 1151.

- (a) **Claims subject to this section.** This section applies to claims received by VA on or after October 1, 1997. This includes original claims and claims to reopen or otherwise readjudicate a previous claim for benefits under [38 U.S.C. 1151](/usc/38/1151.md) or its predecessors.
- (b) **Administrative award, compromises, or settlements, or judgments that bar benefits under 38 U.S.C. 1151.** If a veteran's disability or death was the basis of an administrative award under [28 U.S.C. 1346(b)](/usc/28/1346.md?p=b) made, or a settlement or compromise under 28 U.S.C. [2672](/usc/28/2672.md) or [2677](/usc/28/2677.md) finalized, before December 1, 1962, VA may not award benefits under [38 U.S.C. 1151](/usc/38/1151.md) for any period after such award, settlement, or compromise was made or became final. If a veteran's disability or death was the basis of a judgment that became final before December 1, 1962, VA may award benefits under [38 U.S.C. 1151](/usc/38/1151.md) for the disability or death unless the terms of the judgment provide otherwise.

## Notes

### Amendments

[69 FR 46434, Aug. 3, 2004]

### Authority

Authority: 38 U.S.C. 501(a), unless otherwise noted.

### Amendments

[69 FR 46434, Aug. 3, 2004]