38 C.F.R. § 3.108

State Department as agent of Department of Veterans Affairs

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Diplomatic and consular officers of the Department of State are authorized to act as agents of the Department of Veterans Affairs and therefore a complete claim as set forth in § 3.160(a) or an intent to file a claim as set forth in § 3.155(b) or evidence submitted in support of a claim filed in a foreign country will be considered as filed in the Department of Veterans Affairs as of the date of receipt by the State Department representative.

Cross Reference:

Evidence from foreign countries. See § 3.202.

[26 FR 1569, Feb. 24, 1961, as amended at 79 FR 57695, Sept. 25, 2014]

Notes of Decisions

Cited in 2 cases, 2010–2010 · leading case: Walter A. Bryant v. Eric K. Shinseki, 23 Vet. App. 488 (Vet. App. 2010).

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Walter A. Bryant v. Eric K. Shinseki, 23 Vet. App. 488 (Vet. App. 2010). “’ ” Ante at 499 (quoting 38 C.F.R. § 3.108 (c)(2)). However, I believe that is the standard that should be used'for the second prong of the regulation: the duty to suggest the submission of overlooked evidence.”

Earlee King v. Eric K. Shinseki, 23 Vet. App. 464 (Vet. App. 2010). · cites it 2× “5; but see 38 C.F.R. § 3.108 (2009) (officers of U.S.”

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