---
kind: "section"
citation: "38 C.F.R. § 3.900"
title: "38"
number: "3.900"
heading: "General."
url: "https://uscodex.org/cfr/38/3.900"
---

# §3.900. General.

- (a) Forfeiture of benefits based on one period of service does not affect entitlement to benefits based on a period of service beginning after the offense causing the prior forfeiture.
- (b)
  - (1) Except as provided in [paragraph (b)(2)](#b-2) of this section, any offense committed prior to January 1, 1959, may cause a forfeiture and any forfeiture in effect prior to January 1, 1959, will continue to be a bar on and after January 1, 1959.
  - (2) Effective September 2, 1959, forfeiture of benefits may not be declared except under the circumstances set forth in [§ 3.901(d)](/cfr/38/3.901.md?p=d), [§ 3.902(d)](/cfr/38/3.902.md?p=d), or [§ 3.903](/cfr/38/3.903.md). Forfeitures declared before September 2, 1959, will continue to be a bar on and after that date.
- (c) **Pension or compensation payments are not subject to forfeiture because of violation of hospital rules.**
- (d) When the person primarily entitled has forfeited his or her rights by reason of fraud or a treasonable act determination as to the rights of any dependents of record to benefits under [§ 3.901(c)](/cfr/38/3.901.md?p=c) or [§ 3.902(c)](/cfr/38/3.902.md?p=c) may be made upon receipt of an application.

## Notes

### Amendments

[26 FR 1607, Feb. 24, 1961, as amended at 27 FR 8590, Aug. 28, 1962; 53 FR 17934, May 19, 1988]

### Authority

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

### Amendments

[26 FR 1607, Feb. 24, 1961, as amended at 27 FR 8590, Aug. 28, 1962; 53 FR 17934, May 19, 1988]