38 C.F.R. § 3.60

Definition of “living with”

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For the purposes of determining entitlement to pension under 38 U.S.C. 1521, a person shall be considered as living with his or her spouse even though they reside apart unless they are estranged.

(Authority: 38 U.S.C. 1521(h)(2)) [44 FR 45935, Aug. 6, 1979]

Notes of Decisions

Cited in 1 case, 2014–2014 · leading case: 07-11 679 (Board of Vet. App. 2014).

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07-11 679 (Board of Vet. App. 2014). “38 C.F.R. § 3.60 . Income includes payments of any kind from any source during a twelve month period except for exclusions including unreimbursed medical expenses in excess of five percent of the pension rate.”

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