38 C.F.R. §§ 3.500–3.504

5 sections in range

§3.500. General.

38 C.F.R. § 3.500

The effective date of a rating which results in the reduction or discontinuance of an award will be in accordance with the facts found except as provided in § 3.105. The effective date of reduction or discontinuance of an award of pension, compensation, or dependency and indemnity compensation for a payee or dependent will be the earliest of the dates stated in these paragraphs unless otherwise provided. Where an award is reduced, the reduced rate will be effective the day following the date of discontinuance of the greater benefit.

(a)

Except as otherwise provided (38 U.S.C. 5112(a)). In accordance with the facts found.

(b)

Error; payee's or administrative (38 U.S.C. 5112(b), (9), (10)).

(1)

Effective date of award or day preceding act, whichever is later, but not prior to the date entitlement ceased, on an erroneous award based on an act of commission or omission by a payee or with the payee's knowledge.

(2)

Except as provided in paragraph (r) of this section, and § 3.501 (e) and (g), date of last payment on an erroneous award based solely on administrative error or error in judgment.

(c)

Annual income. See § 3.660.

(d)

Apportionment— (§§ 3.450 series; § 3.556). (1) Except as otherwise provided, date of last payment when reason for apportionment no longer exists.

(2)

Where pension was apportioned under § 3.551(c), day preceding date of veteran's release from hospital, unless overpayment would result; date of last payment if necessary to avoid overpayment.

(e)

Federal employees' compensation— (§ 3.708). The day preceding the date the award of benefits under the Federal Employees' Compensation Act became effective. If children on rolls and surviving spouse has primary title, award to children discontinued same date as surviving spouse's award.

(f)

Contested claims § 3.402(b) and § subpart F of part 20 of this chapter). Date of last payment.

(g)

Death (38 U.S.C. 5112 (a), (b))—

(1)

Payee (includes apportionee). Last day of month before death.

(2)

Dependent of payee (includes apportionee)—

(i)

Death prior to October 1, 1982— last day of the calendar year in which death occurred.

(ii)

Death on or after October 1, 1982— last day of the month in which death occurred, except that section 306 and old-law pension reductions or terminations will continue to be effective the last day of the calendar year in which death occurred.

(3)

Veteran receiving retirement pay. Date of death.

(h)

Dependency of parent (38 U.S.C. 5112; Pub. L. 90-275; §§ 3.4(a), (b)(2), 3.250, 3.551(b) and 3.660). See § 3.660.

(i)

Election of Department of Veterans Affairs benefits— (§ 3.700 series). Day preceding beginning date of award under other law.

(j)

Foreign residence (38 U.S.C. 5308(a)). See § 3.653.

(k)

Fraud (38 U.S.C. 6103(a), (d); §§ 3.669 and 3.901). Beginning date of award or day preceding date of fraudulent act, whichever is later.

(l)

-(m) [Reserved]

(n)

Marriage (or remarriage)— (38 U.S.C. 101(3), 5112 (b))—(1) Payee (includes apportionee). Last day of month before marriage.

(2)

Dependent of payee (includes apportionee)—

(i)

Marriage prior to October 1, 1982— last day of the calendar year in which marriage occurred.

(ii)

Marriage on or after October 1, 1982— last day of the month in which marriage occurred, except that section 306 and old-law pension reductions or terminations will continue to be effective the last day of the calendar year in which marriage occurred.

(3)

Conduct of surviving spouse. Last day of month before inception of relationship.

(o)

Penal institutions. See § 3.666.

(p)

Philippines (38 U.S.C. 107(a)(3); § 3.40). Date of last payment when recognition of service withdrawn.

(q)

Renouncement— (§ 3.106). Last day of the month in which the renouncement is received.

(r)

Service connection (38 U.S.C. 5112(b)(6); § 3.105). Last day of month following 60 days after notice to payee. Applies to reduced evaluation, and severance of service connection.

(s)

Treasonable acts or subversive activities— (38 U.S.C. 6104 and 6105; §§ 3.902, 3.903). (1) Treasonable acts. Date of the forfeiture decision or date of last payment, whichever is earlier.

(2)

Subversive activities. Beginning date of award or day preceding date of commission of subversive activities for which convicted, whichever is later.

(t)

Whereabouts unknown— (§§ 3.158, 3.656). Date of last payment.

(u)

Change in law or Department of Veterans Affairs issue, or interpretation. See § 3.114.

(v)

Failure to furnish evidence of continued eligibility. See § 3.652 (a) and (b).

(w)

Failure to furnish Social Security number. Last day of the month during which the 60 day period following the date of VA request expires.

(x)

Radiation Exposure Compensation Act of 1990 (§ 3.715). (Compensation or dependency and indemnity compensation only.) Last day of the month preceding the month in which payment under the Radiation Exposure Compensation Act of 1990 is issued.

(y)

Compensation for certain disabilities due to undiagnosed illnesses (§§ 3.105; 3.317). Last day of the month in which the 60-day period following notice to the payee of the final rating action expires. This applies to both reduced evaluations and severance of service connection.

Notes, amendments, and revision history

Amendments

[26 FR 1596, Feb. 24, 1961]

Authority

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

Amendments

[26 FR 1596, Feb. 24, 1961]

§3.501. Veterans.

38 C.F.R. § 3.501

The effective date of discontinuance of pension or compensation to or for a veteran will be the earliest of the dates stated in this section. Where an award is reduced, the reduced rate will be payable the day following the date of discontinuance of the greater benefit.

(a)

Active service pay (38 U.S.C. 5112(b)(3); Pub. L. 87-825; § 3.700(a)). Day preceding entrance on active duty. See § 3.654.

(b)

Aid and attendance—(1) Section 3.552(b)(1). Last day of calendar month following month in which veteran is hospitalized at Department of Veterans Affairs expense.

(2)

Section 3.552(b)(2). Last day of calendar month following month in which veteran hospitalized at United States Government expense.

(3)

Aid and attendance for spouse. End of month in which award action is taken if need for aid and attendance has ceased.

(c)

Disappearance of veteran. See § 3.656.

(d)

Divorce or annulment (38 U.S.C. 5112(b)(2))—

(1)

Divorce or annulment prior to October 1, 1982— last day of the calendar year in which divorce or annulment occurred.

(2)

Divorce or annulment on or after October 1, 1982— last day of the month in which divorce or annulment occurred, except that section 306 and old-law pension reductions or terminations will continue to be effective the last day of the calendar year in which divorce or annulment occurred.

(e)

Employability regained (38 U.S.C. 5112(b) (5), (6); Pub. L. 87-825; § 3.105)—

(1)

Pension. Last day of month in which discontinuance is approved.

(2)

Compensation. Last day of month following 60 days after notice to payee.

(f)

Employment questionnaire, failure to return. Reduce award to the amount payable for the schedular evaluation shown in the current rating as of the day following the date of last payment.

(g)

Evaluation reduced (38 U.S.C. 5112(b) (5), (6); Pub. L. 87-825; § 3.105)—

(1)

Pension. Last day of month in which reduction or discontinuance is approved.

(2)

Compensation. Last day of month following 60 days after notice to payee.

(h)

Examination; failure to report. See § 3.655.

(i)

Hospitalization—

(1)

Section 3.551(b). Last day of the sixth calendar month following admission if veteran without dependents.

(2)

Section 3.551(c).

(i)

Last day of the second calendar month following admission to domiciliary care if veteran without spouse or child or, though married, is receiving pension at the rate provided for a veteran without dependents. (ii) Last day of the third calendar month following admission for hospital or nursing home care if veteran without spouse or child or, though married, is receiving pension at the rate provided for a veteran without dependents. (iii) Upon readmission to hospital, domiciliary, or nursing home care within 6 months of a period for which pension was reduced under § 3.551(c)(1), the last day of the month of such readmission.

(3)

Section 3.552(b)— Upon readmission to hospital care within 6 months of a period of hospital care for which pension was affected by the provisions of § 3.552(b)(1) and (2) or § 3.552(k) and discharge or release was against medical advice or was the result of disciplinary action, the day preceding the date of such readmission.

(4)

Section 3.551(d)—

(i)

Last day of the second calendar month following admission to domiciliary care if veteran without spouse or child or, though married, is receiving pension at the rate for a veteran without dependents.

(ii)

Last day of the third calendar month following admission for hospitalization or nursing home care if veteran without spouse or child or, though married, is receiving pension at the rate for a veteran without dependents.

(iii)

Upon readmission to hospital, domiciliary, or nursing home care within 6 months of a period for which pension was reduced under § 3.551(d)(1) or (2), the last day of the month of such readmission.

(5)

Section 3.551(e)—

(i)

Last day of the third calendar month following admission to domiciliary or nursing home care if veteran without spouse or child or, though married, is receiving pension at the rate for a veteran without dependents. (ii) Upon readmission to domiciliary or nursing home care within 6 months of a period of domiciliary or nursing home care for which pension was reduced under § 3.551(e)(1), the last day of the month of such readmission.

(6)

Section 3.551(h).

(i)

Last day of the calendar month in which Medicaid payments begin, last day of the month following 60 days after issuance of a prereduction notice required under § 3.103(b)(2), or the earliest date on which payment may be reduced without creating an overpayment, whichever date is later; or

(ii)

If the veteran willfully conceals information necessary to make the reduction, the last day of the month in which that willful concealment occurred.

(j)

[Reserved]

(k)

Lump-sum readjustment pay. See § 3.700(a)(2).

(l)

Retirement pay (38 U.S.C. 5112(b)(3); Pub. L. 87-825; § 3.750). Day before effective date of retirement pay.

(m)

Temporary increase (38 U.S.C. 5112(b)(8); § 4.29 of this chapter). Last day of month in which hospitalization or treatment terminated, whichever is earlier, where temporary increase in compensation was authorized because of hospitalization for treatment.

Notes, amendments, and revision history

Amendments

[26 FR 1596, Feb. 24, 1961, as amended at 27 FR 11889, Dec. 1, 1962; 29 FR 12368, Aug. 28, 1964; 29 FR 16329, Dec. 5, 1964; 35 FR 2828, Feb. 11, 1970; 37 FR 6679, Apr. 1, 1972; 38 FR 34115, Dec. 11, 1973; 41 FR 55874, Dec. 23, 1976; 44 FR 45941, Aug. 6, 1979; 48 FR 34473, July 29, 1983; 53 FR 23236, June 21, 1988; 56 FR 25045, June 3, 1991; 56 FR 65849, 65853, Dec. 19, 1991; 66 FR 48560, Sept. 21, 2001; 68 FR 34542, June 10, 2003; 83 FR 32738, July 13, 2018]

Authority

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

Amendments

§3.502. Surviving spouses.

38 C.F.R. § 3.502

The effective date of discontinuance of pension, compensation, or dependency and indemnity compensation to or for a surviving spouse will be the earliest of the dates stated in this section. Where an award is reduced, the reduced rate will be payable the day following the date of discontinuance of the greater benefit.

(a)

Additional allowance of dependency and indemnity compensation for children (38 U.S.C. 5112(b) § 3.5(e)(3).

(1)

If marriage occurred prior to October 1, 1982, the day preceding child's 18th birthday or last day of calendar year in which child's marriage occurred (see § 3.500(n) (2) and (3)), whichever is earlier.

(2)

If marriage occurred on or after October 1, 1982, the day preceding child's 18th birthday or last day of the month in which marriage occurred (see § 3.500(n) (2) and (3)) whichever is earlier.

(b)

Pay grade; dependency and indemnity compensation (38 U.S.C. 1311(a), 5112(b)(10); Pub. L. 91-96, 83 Stat. 144). Date of last payment when rate is reduced because of new certification of pay grade.

(c)

Legal surviving spouse entitled. Date of last payment on award to another person as surviving spouse. See § 3.657.

(d)

Marriage. See § 3.500(n).

(e)

Aid and attendance (§ 3.351(a)).

(1)

Date of last payment, if need for aid and attendance has ceased.

(2)

If hospitalized at Department of Veterans Affairs expense as a veteran, the date specified in § 3.552(b) (1) or (3).

(f)

Medicaid-covered nursing home care.

(1)

(2)

If the surviving spouse willfully conceals information necessary to make the reduction, the last day of the month in which that willful concealment occurred.

Notes, amendments, and revision history

Amendments

[26 FR 1596, Feb. 24, 1961, as amended at 27 FR 11890, Dec. 1, 1962; 33 FR 2995, Feb. 15, 1968; 35 FR 2828, Feb. 11, 1970; 37 FR 6679, Apr. 1, 1972; 41 FR 55874, Dec. 23, 1976; 48 FR 34473, July 29, 1983; 53 FR 23237, June 21, 1988; 58 FR 32445, June 10, 1993; 91 FR 2713, Jan. 22, 2026]

Authority

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

Amendments

§3.503. Children.

38 C.F.R. § 3.503

(a)

The effective date of discontinuance of pension, compensation, or dependency and indemnity compensation to or for a child, or to or for a veteran or surviving spouse on behalf of such child, will be the earliest of the dates stated in this section. Where an award is reduced, the reduced rate will be payable the day following the date of discontinuance of the greater benefit.

(1)

Age 18 (or 23) (38 U.S.C. 5112(a); § 3.57). Day before 18th (or 23d birthday).

(2)

Enters service. Date of last payment of apportioned disability benefits for child not in custody of estranged spouse. Full rate payable to veteran. No change where payments are being made for the child to the veteran, his (her) estranged spouse, his (her) surviving spouse, or to the fiduciary of a child not in the surviving spouse's custody.

(3)

Permanently incapable of selfsupport (38 U.S.C. 5112(a), (b)(6); Pub. L. 87-825; §§ 3.57, 3.950)—

(i)

Pension. Date of last payment.

(ii)

Compensation or dependency and indemnity compensation. Last day of month following 60 days after notice to payee.

(4)

Marriage. See § 3.500(n).

(5)

School attendance. See § 3.667.

(6)

Stepchild no longer member of veteran's household— (§ 3.57). Last day child was a member of household.

(7)

Two parent cases— (§ 3.703). Day preceding beginning date of award based on service of the other parent.

(8)

Dependents' educational assistance— (§§ 3.707, 3.807, and § 21.3023 of this chapter). Day preceding beginning date of educational assistance allowance.

(9)

Surviving spouse becomes entitled. Date of last payment. See § 3.657.

(10)

Interlocutory adoption decree or adoptive placement agreement. Date child left custody of adopting parent during the interlocutory period or during adoptive placement agreement, or date of rescission of the decree or date of termination of the adoptive placement agreement, whichever first occurs.

(b)

Monetary allowance under 38 U.S.C. chapter 18 for certain individuals who are children of Vietnam veterans or children of veterans with covered service in Korea. The effective date of discontinuance of the monthly allowance under 38 U.S.C. chapter 18 will be the last day of the month before the month in which the death of the individual occurred.

(c)

Medicaid-covered nursing home care (§ 3.551(i)).

(1)

(2)

If the child or the child's custodian willfully conceals information necessary to make the reduction, the last day of the month in which that willful concealment occurred.

Notes, amendments, and revision history

Amendments

[26 FR 1597, Feb. 24, 1961, as amended at 27 FR 11890, Dec. 1, 1962; 30 FR 14983, Dec. 3, 1965; 34 FR 839, Jan. 18, 1969; 38 FR 872, Jan. 5, 1973; 41 FR 55875, Dec. 23, 1976; 53 FR 23237, June 21, 1988; 62 FR 51279, Sept. 30, 1997; 67 FR 49587, July 31, 2002; 76 FR 4248, Jan. 25, 2011; 83 FR 47275, Sept. 18, 2018]

Authority

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

Amendments

§3.504. Parents; aid and attendance.

38 C.F.R. § 3.504

The effective date of discontinuance of an increased award because of the parent's need for aid and attendance will be the day of last payment if need for aid and attendance has ceased. If hospitalized at Department of Veterans Affairs expense as a veteran the date will be specified in § 3.552(b) (1) or (3).

Notes, amendments, and revision history

Amendments

[37 FR 6679, Apr. 1, 1972]

Authority

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

Amendments

[37 FR 6679, Apr. 1, 1972]

38 C.F.R. §§ 3.500–3.504

§3.500. General.

Amendments

Authority

Amendments

§3.501. Veterans.

Amendments

Authority

Amendments

§3.502. Surviving spouses.

Amendments

Authority

Amendments

§3.503. Children.

Amendments

Authority

Amendments

§3.504. Parents; aid and attendance.

Amendments

Authority

Amendments

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