(a) Compensation. This term means a monthly payment made by the Department of Veterans Affairs to a veteran because of service-connected disability, or to a surviving spouse, child, or parent of a veteran because of the service-connected death of the veteran occurring before January 1, 1957, or under the circumstances outlined in paragraph (c)(2) of this section. If the veteran was discharged or released from service, the discharge or release must have been under conditions other than dishonorable.
(Authority: 38 U.S.C. 101(2), (13))
(b) Disability compensation. (1) Basic entitlement for a veteran exists if the veteran is disabled as the result of a personal injury or disease (including aggravation of a condition existing prior to service) while in active service if the injury or the disease was incurred or aggravated in line of duty.
(Authority: 38 U.S.C. 1110, 1131)
(2) An additional amount of compensation may be payable for a spouse, child, and/or dependent parent where a veteran is entitled to compensation based on disability evaluated as 30 per centum or more disabling.
(Authority: 38 U.S.C. 1115)
(c) Death compensation. Basic entitlement exists for a surviving spouse, child or children, and dependent parent or parents if:
(1) The veteran died before January 1, 1957; or
(2) The veteran died on or after May 1, 1957, and before January 1, 1972, if at the time of death a policy of United States Government Life Insurance or National Service Life Insurance was in effect under waiver of premiums under 38 U.S.C. 1924 unless the waiver was granted under the first proviso of section 622(a) of the National Service Life Insurance Act of 1940, and the veteran died before return to military jurisdiction or within 120 days thereafter. (See § 3.5(d) as to Public Health Service.)
(Authority: 38 U.S.C. 1121, 1141)
[26 FR 1564, Feb. 24, 1961, as amended at 38 FR 21923, Aug. 14, 1973; 39 FR 34529, Sept. 26, 1974; 44 FR 22717, Apr. 17, 1979]
Notes of Decisions
Robert L. Trafter v. Eric K. Shinseki, 26 Vet. App. 267 (Vet. App. 2013).
· cites it 11× “" 38 C.F.R. § 3.4 (a), (b)(1). Thus, as the government conceded, payments to a widow or widower of a veteran are not "disability compensation.”
Pamela J. Sharp v. Eric K. Shinseki, 23 Vet. App. 267 (Vet. App. 2009).
· cites it 2× “38 C.F.R. § 3.4 (b)(2) (2009). This regulation does not assist in the interpretation of section 1115 because it merely parrots the statutory language.”
Wood v. Peake, 520 F.3d 1345 (Fed. Cir. 2008).
· cites it 2× “if the veteran is disabled as the result of a personal injury or disease (including aggravation of a condition existing prior to service) while in active service if the injury or the disease was incurred or aggravated in line of duty.”
George W. Breniser v. Eric K. Shinseki, 25 Vet. App. 64 (Vet. App. 2011).
· cites it 2× “at 274 (finding that 38 C.F.R. § 3.4 (b)(2) (2009) "does not assist in the interpretation of section 1115 because it merely parrots the statutory language"); see also Gonzales v.”
DeLaRosa v. Peake, 515 F.3d 1319 (Fed. Cir. 2008).
“…or disease ... while in active service if the injury or the disease was incurred or aggravated in line of duty.” 38 C.F.R. § 3.4 (a), (b)(1).”
In Re Marriage of Goodding, 677 S.W.2d 332 (Mo. Ct. App. 1984).
· cites it 2× “§ 310 , 331 (1979); 38 C.F.R. § 3.4 (b) (1983). Additional compensation may be payable to spouses and dependent children where the disability rating is at least 30 per centum.”
Beno v. Principi, 3 Vet. App. 439 (Vet. App. 1992).
“See 38 C.F.R. §§ 3.4 , 4.17 (1991). To the extent appellant may have implied a claim of unemployability for pension purposes, this issue has been neither developed nor adjudicated.”
Osborne v. Principi, 3 Vet. App. 368 (Vet. App. 1992).
“§ 101 (13); 38 C.F.R. § 3.4 (a) (1991). Here, because the veteran was not receiving any monthly payment, he was not in receipt of compensation.”
Dennis M. O'Brien v. Robert L. Wilkie (Vet. App. 2018).
· cites it 2× “§ 1115 ; 38 C.F.R. § 3.4 (b)(2)). The Board stated that "child" has been defined "for the purposes of establishing dependency status" as, pertinent to this case, "a child legally adopted before the age of 18 years.”
190312-13197 (Board of Vet. App. 2019).
· cites it 2× “§§ 5110 , 5112; 38 C.F.R. §§ 3.4 , 3.500, 3.501. 2. Recovery of the overpayment of VA compensation benefits incurred from November 2011 to June 2013 would not be against equity and good conscience and, therefore, may not be waived.”
191107-45079 (Board of Vet. App. 2019).
· cites it 2× “§§ 1115 , 5110, 5111; 38 C.F.R. §§ 3.4 (b)(2), 3.204, 3.401. REASONS AND BASES FOR FINDING AND CONCLUSION The Veteran served on active duty from February 1968 to February 1970, to include in the Republic of Vietnam.”
— 38 C.F.R. § 3.4(b)(2) — 1 case
Pamela J. Sharp v. Eric K. Shinseki, 23 Vet. App. 267 (Vet. App. 2009).
“38 C.F.R. § 3.4 (b)(2) (2009). This regulation does not assist in the interpretation of section 1115 because it merely parrots the statutory language.”
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