38 C.F.R. § 20.1106
Rule 1106. Claim for death benefits by survivor—prior unfavorable decisions during veteran's lifetime
Except with respect to benefits under the provisions of 38 U.S.C. 1311(a)(2) and 1318, and certain cases involving individuals whose Department of Veterans Affairs benefits have been forfeited for treason or for subversive activities under the provisions of 38 U.S.C. 6104 and 6105, issues involved in a survivor's claim for death benefits will be decided without regard to any prior disposition of those issues during the veteran's lifetime. Cases in which a person substitutes for a deceased veteran under 38 U.S.C. 5121A are not claims for death benefits and are not subject to this section. Cases in which a person substitutes for a deceased death benefits claimant under 38 U.S.C. 5121A are claims for death benefits subject to this section.
Notes of Decisions
Cited in 179
cases (15 in the last 5 years), 1992–2021 · leading case: Nat'l Org. of Vets.' Advocates, Inc., & Paralyzed Vets. of Am. v. Sec'y of Vets. Affairs, 314 F.3d 1373 (Fed. Cir. 2003).
Nat'l Org. of Vets.' Advocates, Inc., & Paralyzed Vets. of Am. v. Sec'y of Vets. Affairs, 314 F.3d 1373 (Fed. Cir. 2003). “, (“NOVA”) and Paralyzed Veterans of America (“PVA”) (collectively, “petitioners”), challenge the validity of 38 C.F.R. § 20.1106 , which was revised by the Department of Veterans Affairs (“the Department”) in response to this court’s decision in National Organization of…”
Ruiz v. Gober, 10 Vet. App. 352 (Vet. App. 1997). “38 C.F.R. § 20.1106 The appellant contends that there is no rational basis for excluding 38 U.”
Sandra K. Hupp v. R. James Nicholson, 21 Vet. App. 342 (Vet. App. 2007). “2005); 38 C.F.R. § 20.1106 (2007), and decides that claim disregarding any prior determination on the credibility or probative value of any evidence submitted in connection with a veteran's previously denied or pending service-connection claim.”
Cole v. West, 13 Vet. App. 268 (Vet. App. 1999). “In connection with the remand provided for herein, the Board must take into account the following considerations if it seeks to apply, adversely to the appellant, 38 C.F.R. § 20.1106 to any adjudication carried out on remand.”
Kernea v. Shinseki, 724 F.3d 1374 (Fed. Cir. 2013). “3d at 1380-81 (holding that 38 C.F.R. § 20.1106 , as then worded, was “dispositive of the interpretation of 38 U.”
Christine Hix, Claimant-Appellee, & Mary L. Pardue, Claimant-Appellee v. Hershel W. Gober, Acting Sec'y of Vets. Affairs, 225 F.3d 1377 (Fed. Cir. 2000). “38 C.F.R. § 20.1106 provides that, except for claims under 38 U.”
Nat'l Org. of Vets.' Advocates, Inc. v. Sec'y of Vets. Affairs, 260 F.3d 1365 (Fed. Cir. 2001). “We conclude that the revised regulation is inconsistent with another regulation, 38 C.F.R. § 20.1106 , that interprets a virtually identical veterans’ benefits statute, 38 U.”
Maria R. Rodriguez v. R. James Nicholson, 19 Vet. App. 275 (Vet. App. 2005). “22 and 38 C.F.R. § 20.1106 on the “hypothetical entitlement” issue, deferred a decision on the validity of an amendment that VA had adopted in 2000 ( 38 C.”
Vda de Landicho v. Brown, 7 Vet. App. 42 (Vet. App. 1994). “) Appellant Landicho argues that 38 C.F.R. § 20.1106 (1993), which provides that “issues involved in a survivor’s claim for death benefits will be decided without regard to any prior disposition of those issues during the veteran’s lifetime”, should be considered and applied in…”
Timberlake v. Gober, 14 Vet. App. 122 (Vet. App. 2000). “1106 (1999) (regarding effect of prior VA decisions as to veteran in “issues involved in a survivor’s claim for death benefits”) would apply in this case because the appellant’s claim was filed after the March 1992 effective date of that regulation and thus, because in this case…”
Green v. Brown, 10 Vet. App. 111 (Vet. App. 1997). “Such a claim for DIC is generally treated as an original claim by the survivor, regardless of the status of adjudications concerning service-eonnected-disability claims brought by the veteran before his or her death.”
Hilkert v. West, 12 Vet. App. 145 (Vet. App. 1999). “A claim for section 1310 disability and indemnity compensation (DIC) is treated as a new claim, regardless of the status of adjudications concerning service-connected-disability claims brought by the veteran (see 38 C.F.R. § 20.1106 (1998); Zevalkink v. Brown, 6 Vet.”
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