C.F.R. » Title 38 » CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS › PART 3—ADJUDICATION › Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation

38 C.F.R. § 3.153

Claims filed with Social Security

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An application on a form jointly prescribed by the Secretary and the Commissioner of Social Security filed with the Social Security Administration on or after January 1, 1957, will be considered a claim for death benefits, and to have been received in the Department of Veterans Affairs as of the date of receipt in Social Security Administration. The receipt of such an application (or copy thereof) by the Department of Veterans Affairs will not preclude a request for any necessary evidence.

(Authority: 38 U.S.C. 5105) [26 FR 1570, Feb. 24, 1961, as amended at 71 FR 44918, Aug. 8, 2006]
Notes of Decisions
Cited in 4 cases, 1998–2016 · leading case: Schoolman v. West, 12 Vet. App. 307 (Vet. App. 1999).
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Schoolman v. West, 12 Vet. App. 307 (Vet. App. 1999). · cites it 3× “§ 5105 and 38 C.F.R. § 3.153 (1998) the appellant’s application for benefits filed with the SSA would be considered to be a claim for VA death benefits and be considered to have been received by VA on the date of receipt by the SSA.”
Adway Maggitt, Jr., Claimant-Appellant v. Togo D. West, Jr., Sec'y of Vets. Affairs, 202 F.3d 1370 (Fed. Cir. 2000). “Moreover, we find it telling that the Veterans Court has sua sponte remanded a number of cases to the Board for reconsideration under Hodge and 38 C.F.R. § 3.153 (a). See, e.g., Magnus v.”
Richard E. Fleshman, Claimant-Appellant v. Togo D. West, Jr., Acting Sec'y of Vets. Affairs, 138 F.3d 1429 (Fed. Cir. 1998). “160 (b) (defining an original claim as “[a]n initial formal application on a form prescribed by the Secretary”) (emphasis added) and 38 C.F.R. § 3.153 (stating that “[a]n application on a form jointly prescribed by the Secretary and the Secretary of Health, Education, and…”
Paralyzed Vets. of Am. v. Sec'y of Vets. Affairs, 653 F. App'x 759 (Fed. Cir. 2016). “For the same reasons, we do not decide the Petitioners’ request for a ruling that Social Security regulations under 38 C.F.R. § 3.153 remain valid or that the VA be precluded from contacting represented veterans without involving their representatives.”
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