Payment shall be made as shown in paragraphs (a), (b), (c), (d), (e), and (f) of this section; however, beneficiaries receiving payment less frequently than monthly may elect to receive payment monthly in cases in which other Federal benefits would otherwise be denied.
(Authority: 38 U.S.C. 501)
(a) Improved pension—Monthly. Payment shall be made monthly if the annual rate payable is $228 or more.
(b) Improved pension—Quarterly. Payment shall be made every 3 months on or about March 1, June 1, September l, and December 1, if the annual rate payable is at least $144 but less than $228.
(c) Improved pension—Semiannually. Payment shall be made every 6 months on or about June 1, and December 1, if the annual rate payable is at least $72 but less than $144.
(d) Improved pension—Annually. Payment shall be made annually on or about June 1, if the annual rate payable is less than $72.
(Authority: 38 U.S.C. 1508)
(e) Parents' DIC—Semiannually. Benefits shall be paid every 6 months on or about June 1, and December 1, if the amount of the annual benefit is less than 4 percent of the maximum annual rate payable under 38 U.S.C. 1315.
(f) Payment of less than one dollar. Payments of less than $1 shall not be made.
Cross Reference:Pension. See § 3.3(a)(3), (b)(4).
[44 FR 45935, Aug. 6, 1979, as amended at 51 FR 1790, Jan. 15, 1986; 53 FR 7903, Mar. 11, 1988; 57 FR 10425, Mar. 26, 1992; 71 FR 52290, Sept. 5, 2006]
Notes of Decisions
Cited in
6
cases, 1969–2020 · leading case:
Simmons v. Principi, 17 Vet. App. 104 (Vet. App. 2003).
Simmons v. Principi, 17 Vet. App. 104 (Vet. App. 2003).
“Similarly, in the instant case, the appellant has argued that ‘VA’s failure to obtain a comprehensive medical evaluation to determine whether the 10% threshold under 38 C.F.R. § 3.30 [7](a) [(1976)] had been met constituted a breach of its duty to assist” and that “[u]nder Hayre…”
Philip B. Thompson v. The United States, 405 F.2d 1239 (Ct. Cl. 1969).
“(38 C.F.R. 3.30(C)) The Board has also considered the incident in service when the veteran was treated for flying fatigue and his complaints when he was later under observation.”
13-21 423 (Board of Vet. App. 2017).
· cites it 2× “§§ 1110 , 1112, 1116, 1131 (West 2014); 38 C.F.R. §§ 3.30 , 3.307, 3.309 (2016). 2.”
191106-46467 (Board of Vet. App. 2020).
“His training also included learning how to throw grenades which he stated exposed him to loud noise.”
190611-14826 (Board of Vet. App. 2020).
“38 C.F.R. § 3.30 (f). A diagnosis of a mental disorder must conform to the American Psychiatric Association, Diagnostic and Statistical Manual, Fourth or Fifth Edition (DSM-IV or V) (1994, 2013).”
10-29 488 (Board of Vet. App. 2012).
“2011); 38 C.F.R. §§ 3.30 , 3.102, 3.159, 3.303, 3.”
— 38 C.F.R. § 3.30(C) — 1 case
Philip B. Thompson v. The United States, 405 F.2d 1239 (Ct. Cl. 1969).
“(38 C.F.R. 3.30(C)) The Board has also considered the incident in service when the veteran was treated for flying fatigue and his complaints when he was later under observation.”
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