---
kind: "section"
citation: "38 C.F.R. § 3.405"
title: "38"
number: "3.405"
heading: "Filipino veterans and their survivors; benefits at the full-dollar rate."
url: "https://uscodex.org/cfr/38/3.405"
---

# §3.405. Filipino veterans and their survivors; benefits at the full-dollar rate.


Public Laws 106-377 and 108-183, which provide disability compensation and dependency and indemnity compensation at full-dollar rates to certain Filipino veterans and their survivors, are considered liberalizing laws. As such, the provisions of [38 CFR 3.114(a)](/cfr/38/3.114.md?p=a) apply when determining the effective date of an award. If the requirements of [§ 3.114(a)](/cfr/38/3.114.md?p=a) are not satisfied, then the effective date of an award of benefits at the full-dollar rate under [§ 3.42](/cfr/38/3.42.md) will be determined as follows:

- (a) **Initial entitlement to full-dollar rate.** The latest of the following:
  - (1) Date entitlement arose;
  - (2) Date on which the veteran or survivor first met the residency and citizenship or permanent resident alien status requirements in [§ 3.42](/cfr/38/3.42.md), if VA receives evidence of this within one year of that date; or
  - (3) Effective date of service connection, provided VA receives evidence that the veteran or survivor meets the residency and citizenship or permanent resident alien status requirements in [§ 3.42](/cfr/38/3.42.md) within one year of the date of notification of the decision establishing service connection.
- (b) **Resumption of full-dollar rate.**
  - (1) Date the veteran or survivor returned to the United States after an absence of more than 60 consecutive days; or
  - (2) First day of the calendar year following the year in which the veteran or survivor was absent from the United States for a total of 183 days or more, or the first day after that date that the veteran or survivor returns to the United States.

## Notes

### Amendments

[71 FR 8221, Feb. 16, 2006]

### Authority

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

### Amendments

[71 FR 8221, Feb. 16, 2006]