(a) Evidence submitted by a claimant. For the purpose of establishing entitlement to pension, compensation, dependency and indemnity compensation or burial benefits the Department of Veterans Affairs may accept evidence of service submitted by a claimant (or sent directly to the Department of Veterans Affairs by the service department), such as a DD Form 214, Certificate of Release or Discharge from Active Duty, or original Certificate of Discharge, without verification from the appropriate service department if the evidence meets the following conditions:
(1) The evidence is a document issued by the service department. A copy of an original document is acceptable if:
(i) The copy was issued by the service department; or
(ii) The copy was issued by a public custodian of records who certifies that it is a true and exact copy of the document in the custodian's custody; or
(iii) The copy was submitted by an accredited agent, attorney or service organization representative who has successfully completed VA-prescribed training on military records, and who certifies that it is a true and exact copy of either an original document or of a copy issued by the service department or a public custodian of records; or
(iv) The Department of Veterans Affairs is satisfied that an otherwise uncertified copy submitted by the claimant or by the claimant's representative is free from alteration; and
(2) The document contains needed information as to length, time and character of service; and
(3) In the opinion of the Department of Veterans Affairs the document is genuine and the information contained in it is accurate.
(b) Additional requirements for pension claimants. In addition to meeting the requirements of paragraph (a) of this section, a document submitted to establish a creditable period of wartime service for pension entitlement may be accepted without verification if the document (or other evidence of record) shows:
(1) Service of 4 months or more; or
(2) Discharge for disability incurred in line of duty; or
(3) Ninety days creditable service based on records from the service department such as hospitalization for 90 days for a line of duty disability.
(c) Verification from the service department. When the claimant does not submit evidence of service or the evidence submitted does not meet the requirements of paragraph (a) of this section (and paragraph (b) of this section in pension claims), the Department of Veterans Affairs shall request verification of service from the service department. However, payment of nonservice-connected burial benefits may be authorized, if otherwise in order, based upon evidence of service which VA relied upon to authorize payment of compensation or pension during the veteran's lifetime, provided that there is no evidence which would serve to create doubt as to the correctness of that service evidence. If it appears that a length of service requirement may not be met (e.g., the 90 days wartime service requirement to receive pension under 38 U.S.C. 1521(j)), the Department of Veterans Affairs shall request a complete statement of service to determine if there are any periods of active service that are required to be excluded under § 3.15.
[45 FR 72654, Nov. 3, 1980, as amended at 46 FR 51246, Oct. 19, 1981; 58 FR 37857, July 14, 1993; 58 FR 42623, Aug. 10, 1993; 66 FR 19858, Apr. 18, 2001; 86 FR 57584, Oct. 18, 2021]
Notes of Decisions
Cited in
55
cases (
3 in the last 5 years), 1991–2024 · leading case:
Capellan v. Peake, 539 F.3d 1373 (Fed. Cir. 2008).
Capellan v. Peake, 539 F.3d 1373 (Fed. Cir. 2008).
· cites it 30× “Capellan's military service had not been established by an official United States military document or verified by a United States service department pursuant to 38 C.F.R. § 3.203 , and declined to consider the new evidence from Philippine military authorities.”
Juliet T. Tagupa v. Robert A. McDonald, 27 Vet. App. 95 (Vet. App. 2014).
· cites it 20× “Tagupa's motion for reconsideration and submitted the appeal to a panel of the Court to determine whether the National Personnel Records Center (NPRC) constitutes a service department for purposes of verifying service under 38 C.F.R. § 3.203 (c) (2014). Tagupa v. Shinseki, No.”
Sarmiento v. Brown, 7 Vet. App. 80 (Vet. App. 1994).
· cites it 12× “38 C.F.R. § 3.203 (c) (1991)_ A veteran .”
Clarence W. King v. Eric K. Shinseki, 26 Vet. App. 484 (Vet. App. 2014).
· cites it 8× “Contentions of the Parties The appellant argues that, because the record indicates that he may not have met the length of service requirement for a non-service-connected pension, the Secretary was obligated by the regulatory language he promulgated in 38 C.F.R. § 3.203 (c) to…”
Alberto Q. Palor v. R. James Nicholson, 21 Vet. App. 325 (Vet. App. 2007).
· cites it 12× “To establish this service, the Department of Veterans Affairs has promulgated two regulations concerning the type of evidence that may be relied upon: 38 C.F.R. § 3.203 , addressing generally "service records as evidence of service and character of discharge," and 38 C.”
Duro v. Derwinski, 2 Vet. App. 530 (Vet. App. 1992).
· cites it 4× “he Army regarding the general accuracy of the Department’s certifications of service, particularly in cases involving Philippine forces called into service during World War II; (2) a statement as to whether there exist any VA General Counsel opinions regarding the binding nature…”
Celerina Pelea v. R. James Nicholson, 19 Vet. App. 296 (Vet. App. 2005).
· cites it 8× “Both parties filed responses but neither has provided significant analysis of the relationship between § 3.203 and §§ 3.40 and 3.41. For the reasons set forth below, the Court will vacate the May 2001 Board decision and remand the matter for readjudication.”
Rosa G. Canlas v. R. James Nicholson, 21 Vet. App. 312 (Vet. App. 2007).
· cites it 3× “In response, the RO issued a Statement of the Case (SOC) concluding that “[djecisions concerning verification of military service are the responsibility of *315 the NPRC and under the provision of [ 38 C.F.R. § 3.203 (2003)] are binding on VA which has no authority to change or…”
Cahall v. Brown, 7 Vet. App. 232 (Vet. App. 1994).
· cites it 4× “The Board held that it was bound by 38 C.F.R. § 3.203 (1993), and Duro v. Derwiski, 2 Vet.”
Laruan v. West, 11 Vet. App. 80 (Vet. App. 1998).
· cites it 2× “Character of Discharge If an applicant for VA benefits does not submit evidence of his military service, or the evidence submitted is insufficient, VA must request verification of service from the service department.”
Emilio T. Palomer v. Robert A. McDonald, 27 Vet. App. 245 (Vet. App. 2015).
· cites it 2× “95, 101, 103-04 (2014) (holding a request to the National Personnel Records Center (NPRC) to verify a claimant's service does not satisfy the Secretary's duty under 38 C.F.R. § 3.203 (2014), and holding that the Board erred by not addressing whether the appellant served in an…”
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