Book A, Supple No. 71

Custom Federal Regulations Service™

This is supplemental material

for Book A of your set of

Federal Regulations

Title 38, Parts 0, 1, 2, 12,

14-16, 18–20, 25-26, 39-45, 48

General

Veterans Benefits Administration

Supplement No. 71

Covering period of Federal Register issues

through December 19, 2005

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Printing Office. Distribution is the responsibility of the

VA Forms and Publications Depot. Accordingly:

Questions concerning missing supplements, need for additional books, and other distribution list issuesfor this loose-leaf service should be directed to:

Department of Veterans Affairs

Veterans Benefits Administration

Directives, Forms and Records Staff

Mail Code: 20S5

810 Vermont Avenue, N.W.

Washington DC 20420

Telephone: 202/273-7080

Fax: 202/275-5947

Questions concerning the filing instructions for this loose-leaf service,

or the reporting of substantive errors in the text,

may be directed to:

Jonathan Publishing

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GENERAL INSTRUCTIONS

Custom Federal Regulations Service™

Supplemental Materials for Book A

Code of Federal Regulations

Title 38, Parts 0, 1, 2, 12, 14-16, 18–20, 25-26, 39-45, 48

General

Veterans Benefits Administration

Supplement No. 71

24 December 2005

Covering the period of Federal Register issues

through December 19, 2005

When Book A was originally prepared, it was current through final regulations published in the Federal Register of 21 April 1992. These supplemental materials are designed to keep your regulations up to date. You should file the attached pages immediately, and record the fact that you did so on the Supplement Filing Record which begins on page A-8 of Book A, General.

To ensure accuracy and timeliness of your materials,

it is important that you follow these simple procedures:

1. Always file your supplemental materials immediately upon receipt.

2. Before filing, always check the Supplement Filing Record (page A-8) to be sure that all prior supplements have been filed. If you are missing any supplements, contact the Veterans Benefits Administration at the address listed on page A-2.

3. After filing, enter the relevant information on the Supplement Filing Record sheet (page A-8)—the date filed, name/initials of filer, and date through which the Federal Register is covered.

4. If as a result of a failure to file, or an undelivered supplement, you have more than one supplement to file at a time, be certain to file them in chronological order, lower number first.

5. Always retain the filing instructions (simply insert them at the back of the book) as a backup record of filing and for reference in case of a filing error.

6. Be certain that you permanently discard any pages indicated for removal in the filing instructions in order to avoid confusion later.

To execute the filing instructions, simply remove and throw away the pages listed under Remove These Old Pages, and replace them in each case with the corresponding pages from this supplement listed under Add These New Pages. Occasionally new pages will be added without removal of any old material (reflecting new regulations), and occasionally old pages will be removed without addition of any new material (reflecting rescinded regulations)—in these cases the word None will appear in the appropriate column.

FILING INSTRUCTIONS

Book A, Supplement No. 71

December 24, 2005

Remove theseAdd theseSection(s)

old pagesnew pagesAffected

Do not file this supplement until you confirm that

all prior supplements have been filed

20.1104-1 to 20.1199-120.1104-1 to 20.1199-1§20.1106

Be sure to complete the

Supplement Filing Record (page A-8)

when you have finished filing this material.

HIGHLIGHTS

Book A, Supplement No. 71

December 24, 2005

Supplement Highlights references: Where substantive changes are made in the text of regulations, the paragraphs of Highlights sections are cited at the end of the relevant section of text. Thus, if you are reading §3.263, you will see a note at the end of that section which reads: “Supplement Highlights references—6(2).” This means that paragraph 2 of the Highlights section in Supplement No. 6 contains information about the changes made in §3.263. By keeping and filing the Highlights sections, you will have a reference source explaining all substantive changes in the text of the regulations.

Supplement frequency: This Book A (General) was originally supplemented twice a year, in April and October. Beginning 1 August 1995, supplements will be issued every month during which a final rule addition or modification is made to the parts of Title 38 covered by this book. Supplements will be numbered consecutively as issued.

Modifications in this supplement include the following:

1. On 2 December 2005, the VA published a final rule, effective that same date, to amend its adjudication regulations concerning payment of dependency and indemnity compensation for certain non-service-connected deaths, and the rate of DIC payable to a surviving spouse for either service-connected or non-service-connected deaths, in order to clarify VA’s interpretation of two similar statutes that provide for payments to the survivors of veterans who were, at the time of death, in receipt of or entitled to receive disability compensation for service-connected disability that was rated totally disabling for a specified period prior to death; to reorganize and revise the regulations governing surviving spouses’ DIC rates; and to revise the Board of Veterans’ Appeals rule concerning the effect of unfavorable decisions during a veteran’s lifetime on claims for death benefits by the veteran’s survivors. Changes in this Book A (see also changes made in Book B):

 Revised §20.1106.

A71–1

20.1104-1§20.1104—Finality of determinations of the agency of 20.1104-1

original jurisdiction affirmed on appeal

§20.1104 Rule 1104. Finality of determinations of the agency of original jurisdiction affirmed on appeal.

When a determination of the agency of original jurisdiction is affirmed by the Board of Veterans’ Appeals, such determination is subsumed by the final appellate decision. (Authority: 38 U.S.C. 7104(a))

(No. 71 12/24/05)

20.1105-1§20.1105—New claim after promulgation of appellate decision20.1105-1

§20.1105 Rule 1105. New claim after promulgation of appellate decision.

When a claimant requests that a claim be reopened after an appellate decision has been promulgated and submits evidence in support thereof, a determination as to whether such evidence is new and material must be made and, if it is, as to whether it provides a basis for allowing the claim. An adverse determination as to either question is appealable. (Authority: 38 U.S.C. 5108, 7104)

(No. 71 12/24/05)

20.1106-1§20.1106—Claim for death benefits by survivor–prior unfavorable decisions20.1106-1

during veteran’s lifetime

§20.1106 Rule 1106. Claim for death benefits by survivor—prior unfavorable decisions during veteran’s lifetime.

Except with respect to benefits under the provisions of 38 U.S.C. 1311(a)(2), 1318, and certain cases involving individuals whose Department of Veterans Affairs benefits have been forfeited for treason or for subversive activities under the provisions of 38 U.S.C. 6104 and 6105, issues involved in a survivor’s claim for death benefits will be decided without regard to any prior disposition of those issues during the veteran’s lifetime. (Authority: 38 U.S.C. 7104(b)).

[57 FR 4109, Feb. 3, 1992, as amended at 67 FR 16317, Apr. 5, 2002; 70 FR 72221, Dec. 2, 2005]

Supplement Highlights reference: 71(1)

(No. 71 12/24/05)

20.1107-1§20.1107–20.1199—[Reserved]20.1199-1

§§20.1107–20.1199 [Reserved]

(Original 4/30/92)