**§3.314 Basic pension determinations.**

\(a\) *Prior to the Mexican border period.* While pensions are granted
based on certain service prior to the Mexican border period, the only
rating factors in claims therefor are:

\(1\) Claims based on service of less than 90 days in the
Spanish-American War require a rating determination as to whether the
veteran was discharged or released from service for a service-connected
disability or had at the time of separation from service a
service-connected disability, shown by official service records, which
in medical judgment would have warranted a discharge for disability.
Eligibility in such cases requires a finding that the disability was
incurred in or aggravated by service in line of duty without benefit of
presumptive provisions of law or Department of Veterans Affairs
regulations. (Authority: 38 U.S.C. 1512)

\(2\) Veterans entitled to pension on the basis of service in the
Spanish-American War may be entitled to an increased rate of pension if
rated as being in need of regular aid and attendance. Veterans who have
elected pension under Pub. L. 86-211 (73 Stat. 432) who are not rated as
being in need of regular aid and attendance may be entitled to increased
pension based on 100 percent permanent disability together with
independent disability of 60 percent or more or by reason of being
permanently housebound as provided in §3.351(d). (Authority: 38 U.S.C.
1502 (b), (c), 1512)

\(b\) *Mexican border period and later war periods.*
Non-service-connected disability and death pension may be paid based on
service in the Mexican border period, World War I, World War II, the
Korean conflict and the Vietnam era. Rating determinations in such
claims will be required in the following situations:

\(1\) Claims based on service of less than 90 days may require a
determination as to whether the veteran was discharged or released from
service for a service-connected disability or had at the time of
separation from service a service-connected disability, shown by
official service records, which in medical judgment would have warranted
a discharge for disability. Eligibility in such cases requires a finding
that the disability was incurred in or aggravated by service in line of
duty without benefit of presumptive provisions of law or Department of
Veterans Affairs regulations (38 U.S.C. 1521(g)(2)) unless, in the case
of death pension, the veteran was, at the time of death, receiving (or
entitled to receive) compensation or retirement pay based upon a wartime
service-connected disability. (Authority: 38 U.S.C. 1541(a) and 1542(a))

\(2\) Determinations of permanent total disability for pension purposes
will be based on non-service-connected disability or combined
non-service-connected and service-connected disabilities not the result
of willful misconduct. However, for pension under Pub. L. 86-211 (73
Stat. 432), permanent and total disability will be presumed where the
veteran has attained age 65 or effective January 1, 1977, where the
veteran became unemployable after age 65. (Authority: 38 U.S.C. 1502(a),
1523(a))

\(3\) Veterans entitled to nonservice-connected disability pension may
be entitled to an increased rate of pension if rated as being in need of
regular aid and attendance. Veterans entitled to protected pension or
pension under Pub. L. 86-211 (73 Stat. 432) who are not rated as being
in need of regular aid and attendance may be entitled to increased
pension based on a 100 percent permanent disability together with
independent disability of 60 percent or more or by reason of being
permanently housebound as provided in §3.351(d) or (e). (Authority: 38
U.S.C. 1502(b), (c), 1521)

\[31 FR 4680, Mar. 19, 1966, as amended at 32 FR 13224, Sept. 19, 1967;
36 FR 8446, May 6, 1971; 40 FR 56434, Dec. 3, 1975; 41 FR 56804, Dec.
30, 1976; 61 FR 20438, May 7, 1996\]

**Supplement *Highlights* reference**: 22(1)