Awards of pension or compensation payable to or for a veteran will be effective as follows:
(a) Aid and attendance and housebound benefits. (1) Except as provided in § 3.400(o)(2), the date of receipt of claim or date entitlement arose, whichever is later. However, when an award of pension or compensation based on an original or supplemental claim is effective for a period prior to the date of receipt of the claim, any additional pension or compensation payable by reason of need for aid and attendance or housebound status shall also be awarded for any part of the award's retroactive period for which entitlement to the additional benefit is established.
(Authority: 38 U.S.C. 501; 5110(b)(1), (3))
(2) Date of departure from hospital, institution, or domiciliary.
(Authority: 38 U.S.C. 501)
(3) Spouse, additional compensation for aid and attendance: Date of receipt of claim or date entitlement arose, whichever is later. However, when an award of disability compensation based on an original or supplemental claim is effective for a period prior to date of receipt of the claim additional disability compensation payable to a veteran by reason of the veteran's spouse's need for aid and attendance shall also be awarded for any part of the award's retroactive period for which the spouse's entitlement to aid and attendance is established.
(Authority: 38 U.S.C. 501; 5110(b)(1), (2))
(b) Dependent, additional compensation or pension for. Latest of the following dates:
(1) Date of claim. This term means the following, listed in their order of applicability:
(i) Date of veteran's marriage, or birth of his or her child, or, adoption of a child, if the evidence of the event is received within 1 year of the event; otherwise.
(ii) Date notice is received of the dependent's existence, if evidence is received within 1 year of the Department of Veterans Affairs request.
(2) Date dependency arises.
(3) Effective date of the qualifying disability rating provided evidence of dependency is received within 1 year of notification of such rating action.
(Authority: 38 U.S.C. 5110(f))
(4) Date of commencement of veteran's award. (Other increases, see § 3.400(o). For school attendance see § 3.667.)
(Authority: 38 U.S.C. 5110 (f), (n))
(c) Divorce of veteran and spouse. See § 3.501(d).
(d) [Reserved]
(e) Retirement pay (§ 3.750)—(1) Election. Date of entitlement if timely filed. Subject to prior payments of retirement pay.
(2) Waiver. Day following date of discontinuance or reduction of retirement pay.
(3) Reelection. Day the reelection is received by the Department of Veterans Affairs.
(f) Service pension (§ 3.3(a)). Date of receipt of claim.
(g) Tuberculosis, special compensation for arrested. As of the date the graduated evaluation of the disability or compensation for that degree of disablement combined with other service-connected disabilities would provide compensation payable at a rate less than $67. See § 3.350(g).
(h) Temporary increase “General Policy in Rating,” 1945 Schedule for Rating Disabilities—(1) Section 4.29 of this chapter. Date of entrance into hospital, after 21 days of continuous hospitalization for treatment.
(2) Section 4.30 of this chapter. Date of entrance into hospital, after discharge from hospitalization (regular or release to non-bed care).
(i) Increased disability pension based on attainment of age 78. First day of the month during which veteran attains age 78.
[26 FR 1594, Feb. 24, 1961, as amended at 27 FR 11889, Dec. 1, 1962; 36 FR 4599, Mar. 10, 1971; 39 FR 17222, Mar. 14, 1974; 41 FR 36493, Aug. 30, 1976; 41 FR 55874, Dec. 23, 1976; 41 FR 56804, Dec. 30, 1976; 45 FR 34886, May 23, 1980; 54 FR 34981, Aug. 23, 1989; 62 FR 5529, Feb. 6, 1997; 83 FR 32738, July 13, 2018; 84 FR 170, Jan. 18, 2019]
Notes of Decisions
Pamela J. Sharp v. Eric K. Shinseki, 23 Vet. App. 267 (Vet. App. 2009).
· cites it 3× “38 C.F.R. § 3.401 (b) (2009). This regulation similarly does not aid in discerning whether the Secretary considers there to be only one qualifying rating, as opposed to every rating meeting the statutory requirements to be a qualifying rating.”
McColley v. West, 13 Vet. App. 553 (Vet. App. 2000).
“38 C.F.R. § 3.401 (b) (1999). The “date of claim” includes the “date notice is received 'of the dependent’s existence, if evidence is received within 1 year of [VA’s] request.”
190816-20601 (Board of Vet. App. 2020).
· cites it 5× “The effective date of dependency awards is governed by 38 C.F.R. § 3.401 , which provides that the award of an additional compensation based on a veteran’s dependent is effective on the date of claim or the date the dependency arises, whichever is later.”
13-35 540 (Board of Vet. App. 2017).
· cites it 4× “[The Board has considered whether 38 C.F.R. § 3.401 (a)(1) may provide an earlier effective date for special monthly pension based on the need for aid and attendance, based on a retroactive award of pension.”
190827-26597 (Board of Vet. App. 2019).
· cites it 4× “18, 2019) (to be codified at 38 C.F.R. § 3.401 ). Effective March 24, 2015, VA amended its regulations to require that all claims governed by VA’s adjudication regulations be filed on a standard form.”
191121-44920 (Board of Vet. App. 2019).
· cites it 4× “38 C.F.R. § 3.401 (b). The “date of claim” for additional compensation for dependents is the date of the Veteran’s marriage or birth/adoption of a child, if evidence of the event is received within a year of the event; otherwise, the date notice is received of the dependent’s…”
210405-150685 (Board of Vet. App. 2021).
· cites it 4× “38 C.F.R. § 3.401 (b). The “date of claim” for additional compensation for a dependent is the date of the veteran’s marriage or birth/adoption of a child, if evidence of the event is received within a year of the event; otherwise, the “date of claim” is the date VA receives…”
191023-42002 (Board of Vet. App. 2021).
· cites it 3× “§§5110 , 5111, 5112; 38 C.F.R. §§ 3.401 , 3.501. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran had active service in the United States Marine Corps from June 10, 1996 to June 9, 2000, and in the United States Army from March 12, 2002 to August 19, 2002, from January…”
191107-45079 (Board of Vet. App. 2019).
· cites it 2× “38 C.F.R. § 3.401 (b). VA will accept, for purposes of determining entitlement to benefits under laws administered by VA, the statement of a claimant as proof of marriage provided that the statement contains: the date (month and year) and place of the event; the full name and…”
190918-31480 (Board of Vet. App. 2020).
· cites it 2× “§ 5110 (f); 38 C.F.R. § 3.401 (b)(3). The effective date for additional compensation for a dependent spouse will be the latest of the following dates: 1) the date of the marriage, if the claim is received within one year of the marriage; 2) the date notice is received of the…”
200401-121280 (Board of Vet. App. 2021).
· cites it 2× “See 38 C.F.R. § 3.401 (a)(1). However, the regulation also provides that when an award of pension or disability compensation based on an original or reopened claim is effective for a period prior to the date of receipt of the claim, additional pension or disability compensation…”
190820-79694 (Board of Vet. App. 2021).
· cites it 2× “§ 5110 (f); 38 C.F.R. § 3.401 (b)(3). The effective date for additional compensation for a dependent spouse will be the latest of the following dates: 1) the date of the marriage, if the claim is received within one year of the marriage; 2) the date notice is received of the…”
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