38 C.F.R. § 3.803

Naval pension

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(a) Payment of naval pension will be authorized on the basis of a certification by the Secretary of the Navy.

(b) Awards of naval pension in effect prior to July 14, 1943, or renewed or continued may be paid concurrently with Department of Veterans Affairs pension or compensation; however, naval pension allowance under 10 U.S.C. 6160 may not exceed one-fourth of the rate of disability pension or compensation otherwise payable, exclusive of additional allowances for dependents or specific disabilities.

(c) New awards of naval pension may not be made concurrently with Department of Veterans Affairs pension or compensation.

(Authority: 38 U.S.C. 5304(a))

(d) Naval pension remaining unpaid at the date of the veteran's death is not payable by the Department of Veterans Affairs as an accrued benefit.

[26 FR 1605, Feb. 24, 1961, as amended at 28 FR 2857, Mar. 22, 1963; 44 FR 22721, Apr. 17, 1979]

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 1993–2021 · leading case: Nash v. Brown, 6 Vet. App. 1 (Vet. App. 1993).

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Nash v. Brown, 6 Vet. App. 1 (Vet. App. 1993). “The Board furthermore failed to address the provisions of 38 C.F.R. § 3.803 (d). This Court has held that “[t]he BVA is not free to ignore regulations which the VA has adopted.”

200501-81501 (Board of Vet. App. 2021). “Likewise, VA's implementing regulation provides, generally, that not more than one award of pension, compensation, or emergency officers', regular or reserve retirement pay will be made concurrently to any person based on his or her own service, except as provided in 38 C.F.R. §…”

200504-81769 (Board of Vet. App. 2021). “Likewise, VA's implementing regulation provides, generally, that not more than one award of pension, compensation, or emergency officers', regular or reserve retirement pay will be made concurrently to any person based on his or her own service, except as provided in 38 C.F.R. §…”

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