(a) General. This section sets forth criteria for determining whether:
(1) Increased pension is payable to a veteran by reason of need for aid and attendance or by reason of being housebound.
(Authority: 38 U.S.C. 1521(d), (e))
(2) Increased compensation is payable to a veteran by reason of the veteran's spouse being in need of aid and attendance.
(Authority: 38 U.S.C. 1115(1)(E))
(3) Increased dependency and indemnity compensation is payable to a surviving spouse or parent by reason of being in need of aid and attendance.
(Authority: 38 U.S.C. 1311(c), 1315(h))
(4) Increased dependency and indemnity compensation is payable to a surviving spouse who is not in need of aid and attendance but is housebound.
(Authority: 38 U.S.C. 1311(d))
(5) Increased pension is payable to a surviving spouse by reason of need for aid and attendance, or if not in need of aid and attendance, by reason of being housebound.
(Authority: 38 U.S.C. 1541(d), (e))
(6) Increased death compensation is payable to a surviving spouse by reason of being in need of aid and attendance.
(Authority: 38 U.S.C. 1122)
(b) Aid and attendance; need. Need for aid and attendance means helplessness or being so nearly helpless as to require the regular aid and attendance of another person. The criteria set forth in paragraph (c) of this section will be applied in determining whether such need exists.
(c) Aid and attendance; criteria. The veteran, spouse, surviving spouse or parent will be considered in need of regular aid and attendance if he or she:
(1) Is blind or so nearly blind as to have corrected visual acuity of 5/200 or less, in both eyes, or concentric contraction of the visual field to 5 degrees or less; or
(2) Is a patient in a nursing home because of mental or physical incapacity; or
(3) Establishes a factual need for aid and attendance under the criteria set forth in § 3.352(a).
(Authority: 38 U.S.C. 1502(b))
(d) Housebound, or permanent and total plus 60 percent; disability pension. The rate of pension payable to a veteran who is entitled to pension under 38 U.S.C. 1521 and who is not in need of regular aid and attendance shall be as prescribed in 38 U.S.C. 1521(e) if, in addition to having a single permanent disability rated 100 percent disabling under the Schedule for Rating Disabilities (not including ratings based upon unemployability under § 4.17 of this chapter) the veteran:
(1) Has additional disability or disabilities independently ratable at 60 percent or more, separate and distinct from the permanent disability rated as 100 percent disabling and involving different anatomical segments or bodily systems, or
(2) Is “permanently housebound” by reason of disability or disabilities. This requirement is met when the veteran is substantially confined to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical area, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime.
(Authority: 38 U.S.C. 1502(c), 1521(e))
(e) Housebound; dependency and indemnity compensation. The monthly rate of dependency and indemnity compensation payable to a surviving spouse who does not qualify for increased dependency and indemnity compensation under 38 U.S.C. 1311(c) based on need for regular aid and attendance shall be increased by the amount specified in 38 U.S.C. 1311(d) if the surviving spouse is permanently housebound by reason of disability. The “permanently housebound” requirement is met when the surviving spouse is substantially confined to his or her home (ward or clinical areas, if institutionalized) or immediate premises by reason of disability or disabilities which it is reasonably certain will remain throughout the surviving spouse's lifetime.
(Authority: 38 U.S.C. 1311(d))
(f) Housebound; improved pension; death. The annual rate of survivors pension payable to a surviving spouse who does not qualify for an annual rate of survivors pension payable under § 3.23(a)(6) based on need for aid and attendance shall be as set forth in § 3.23(a)(7) if the surviving spouse is permanently housebound by reason of disability. The “permanently housebound” requirement is met when the surviving spouse is substantially confined to his or her home (ward or clinical areas, if institutionalized) or immediate premises by reason of disability or disabilities which it is reasonably certain will remain throughout the surviving spouse's lifetime.
(Authority: 38 U.S.C. 1541(e))
[44 FR 45939, Aug. 6, 1979]
Notes of Decisions
Cited in
33
cases (
4 in the last 5 years), 1992–2026 · leading case:
Turco v. Brown, 9 Vet. App. 222 (Vet. App. 1996).
Turco v. Brown, 9 Vet. App. 222 (Vet. App. 1996).
· cites it 7× “See 38 C.F.R. § 3.351 (b), (c), and (d) (1995).”
Est. of Krueger Ex Rel. Krueger v. Richland Cnty. Soc. Servs., 526 N.W.2d 456 (N.D. 1994).
· cites it 4× “See also 38 C.F.R. § 3.351 (b) and (c). The Secretary of Veterans Affairs has promulgated regulations to determine need for an aid and attendance allowance which include not only that the person is "a patient in a nursing home because of mental or physical incapacity," 38 C.”
Chandler v. SHINSEKI, 676 F.3d 1045 (Fed. Cir. 2012).
· cites it 4× “In Hartness , the Board rejected Hartness’ application for special monthly pension benefits because he did not have a single disability rated as permanent and total under § 1521(e) and 38 C.F.R. § 3.351 (d). On appeal, the Veterans Court found that the Board erred in not…”
Daniel W. Beverly v. R. James Nicholson, 19 Vet. App. 394 (Vet. App. 2005).
“at 13; see 38 C.F.R. §§ 3.351 , 3.352 (2005). In support of this argument, the appellant asserts that his stay at the CRC facility was necessary because of his medication noncompliance and because his treating VA psychiatrist had certified in a form entitled “Examination for…”
Larry E. Belton v. Anthony J. Principi, 17 Vet. App. 209 (Vet. App. 2003).
· cites it 2× “In finding a lack of standing in Redding, the Court looked to see whether an appellant who was not the legal guardian of the veteran had standing to submit an NOD or Substantive Appeal (in seeking increased compensation for the veteran under 38 C.F.R. § 3.351 (a)(2) (1998)).…”
Robert A. Hartness v. R. James Nicholson, 20 Vet. App. 216 (Vet. App. 2006).
· cites it 6× “§§ 1513 , 1521(e); 38 C.F.R. § 3.351 (d) (2005). The Court concludes that the Board failed to apply section 1513 when considering whether Mr.”
Redding v. West, 13 Vet. App. 512 (Vet. App. 2000).
“§ 1115 (l)(E)(ii) (1999); 38 C.F.R. § 3.351 (a)(2) (1998). If the requisite criteria to receive “additional compensation” under section 1115(E)(ii) are met, the benefit flows to only the veteran or his legal representative.”
Howard E. Chandler v. Eric K. Shinseki, 24 Vet. App. 23 (Vet. App. 2010).
· cites it 2× “See 38 C.F.R. § 3.351 (d) (2010). A veteran who is "permanently and totally disabled" is defined as a veteran who is (1) A patient in a nursing home for long-term care because of a disability.”
Kulick v. Derwinski, 2 Vet. App. 640 (Vet. App. 1992).
· cites it 2× “” 38 C.F.R. § 3.351 (b) (1991). The Secretary determines entitlement to the aid and attendance benefit under, inter alia, the following criteria: inability of claimant to dress or undress himself .”
Batson v. Shulkin, 686 F. App'x 878 (Fed. Cir. 2017).
· cites it 3× “§ 1521 (d); 38 C.F.R. § 3.351 . The RO awarded Mr. Batson SMP for aid and attendance, effective May 13, 2005 (the date that Mr.”
09-38 086 (Board of Vet. App. 2018).
· cites it 3× “§§ 1115 , 1502 (2012); 38 C.F.R. §§ 3.351 , 3.352 (2017). REASONS AND BASES FOR FINDINGS AND CONCLUSIONS Preliminary Matter The Board has limited the discussion below to the relevant evidence required to support its finding of fact and conclusion of law, as well as to the…”
180515-25 (Board of Vet. App. 2018).
· cites it 3× “§§ 1115 ; 38 C.F.R. §§ 3.351 , 3.352. REASONS AND BASES FOR FINDING AND CONCLUSION The appellant is the Veteran who served on active duty from January 1968 to August 1970, and from August 1971 to September 1972.”
— 38 C.F.R. § 3.351(c)(1) — 1 case
Turco v. Brown, 9 Vet. App. 222 (Vet. App. 1996).
“See 38 C.F.R. § 3.351 (b), (c), and (d) (1995).”
— 38 C.F.R. § 3.351(d) — 1 case
Robert A. Hartness v. R. James Nicholson, 20 Vet. App. 216 (Vet. App. 2006).
“§§ 1513 , 1521(e); 38 C.F.R. § 3.351 (d) (2005). The Court concludes that the Board failed to apply section 1513 when considering whether Mr.”
— 38 C.F.R. § 3.351(e)(2) — 1 case
Turco v. Brown, 9 Vet. App. 222 (Vet. App. 1996).
“See 38 C.F.R. § 3.351 (b), (c), and (d) (1995).”
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