38 C.F.R. § 9.10

Health standards

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(a) For the purpose of determining if a member who incurred a disability or aggravated a preexisting disability during a period of active duty or active duty for training under a call to duty specifying a period of less than 31 days or during a period of inactive duty was rendered uninsurable at standard premium rates, the underwriting criteria used by the insurer in determining good health for persons applying to it for life insurance in amounts not exceeding the maximum amount of coverage then available under 38 U.S.C. 1967 will be used.

(Authority: 38 U.S.C. 1967)

(b) For all other purposes of determining if a member meets the necessary health requirements except paragraph (a) of this section, the underwriting criteria used by the insurer in determining good health for group life insurance purposes will be used.

[40 FR 4135, Jan. 28, 1975, as amended at 53 FR 17699, May 18, 1988. Redesignated at 61 FR 20135, May 6, 1996]

Notes of Decisions

Cited in 1 case, 1969–1969 · leading case: Annie Lenora Shannon v. United States of Am. & Prudential Ins. Co. of Am., 417 F.2d 256 (5th Cir. 1969).

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Annie Lenora Shannon v. United States of Am. & Prudential Ins. Co. of Am., 417 F.2d 256 (5th Cir. 1969). · cites it 2× “38 C.F.R. § 9.10 (a). He determines the amount to be paid, from appropriations made for military pay, for the cost of the insurance traceable to extra hazard.”

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