38 C.F.R. § 3.154
Injury due to hospital treatment, etc
Claimants must file a complete claim on the appropriate application form prescribed by the Secretary when applying for benefits under 38 U.S.C. 1151 and 38 CFR 3.361. See §§ 3.151, 3.160(a), and 3.400(i) concerning effective dates of awards; see § 3.155(b) regarding intent to file the appropriate application form.
Effective Dates. See § 3.400(i). Disability or death due to hospitalization, etc. See §§ 3.358, 3.361 and 3.800.
Notes of Decisions
Cited in 4
cases, 1973–2013 · leading case: Mansfield v. Peake, 525 F.3d 1312 (Fed. Cir. 2008).
Mansfield v. Peake, 525 F.3d 1312 (Fed. Cir. 2008). “The letter further stated: Review of the claims folder reveals a claim for benefits has been filed which meets the requirements of 38 CFR § 3.154 . Accordingly, development should be undertaken.”
Robert L. Trafter v. Eric K. Shinseki, 26 Vet. App. 267 (Vet. App. 2013). “Indeed, subsequent to Wood and DeLaRosa, the Federal Circuit took no issue with the language of 38 C.F.R. § 3.154 , which, since 2004, has stated: "VA may accept as a claim for benefits under 38 U.”
Betzaida P. Jernigan v. Eric K. Shinseki, 25 Vet. App. 220 (Vet. App. 2012). “at 416; 38 C.F.R. §§ 3.154 , 3.157. Specifically, if Form 21-526 is returned within one year of its receipt — a time period the Court has now determined is a reasonable interpretation of authorizing statutes — the effective date will be the date of the informal claim.”
Tyminski v. United States, 481 F.2d 257 (3rd Cir. 1973). “The VA treated the letter as a claim for increased benefits pursuant to 38 C.F.R. §§ 3.154 and 3.158 (1972). 4 In response to Tyminski’s letter the VA on April 16, 1963 replied that it was their opinion that no basis for an increased disability rating existed.”
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