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. 63

Covering period of *Federal Register* issues

through July 23, 2004

Copyright © 2004 Jonathan Publishing

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Questions concerning **[missing supplements]{.smallcaps}**, need for
**[additional books]{.smallcaps}**, and other **[distribution
list]{.smallcaps}** issues for 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]{.smallcaps}** for this
loose-leaf service,

or the reporting of **[substantive errors]{.smallcaps}** in the text,

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Copyright © 2004 Jonathan Publishing

# 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. 63**

25 July 2004

Covering the period of Federal Register issues

through July 23, 2004

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. 63**

**July 25, 2004**

*Remove these Add these Section(s)*

*[old pages]{.underline} [new pages]{.underline} [Affected]{.underline}*

**Do not file this supplement until you confirm that**

**all prior supplements have been filed**

1.620-1 to 1.620-2 1.620-1 to 1.620-2 §1.620

**20.1405-2 to 20.1405-3 20.1405-2 to 20.1405-3 §20.1405**

**Be sure to complete the**

***Supplement Filing Record* (page A-8)**

**when you have finished filing this material.**

> **HIGHLIGHTS**

**Book A, Supplement No. 63**

**July 25, 2004**

***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 4 June 2004, the VA published a final rule to adopt as final
without change an interim final rule affecting §20.1405 that was
originally published on 12 September 2003. An appropriate *Federal
Register* citation has been added at the end of §20.1405.

2\. On 1 July 2004, the VA published a final rule, effective 2 August
2004, to extend eligibility for burial in a national cemetery to a
remarried surviving spouse who died on or after January 1, 2000, based
on his or her prior marriage to an eligible veteran, and to extend
eligibility for burial in a national cemetery to New Philippine Scouts
who lawfully resided in the United States and died on or after December
16, 2003. Changes:

• In §1.620, revised paragraphs (e) and (h).

**§1.620 Eligibility for burial.**

The following is a list of those individuals who are eligible for burial
in a national cemetery:

\(a\) Any veteran (which for purposes of this section includes a person
who died in the active military, naval, or air service).

\(b\) Any member of a Reserve component of the Armed Forces, and any
member of the Army National Guard or the Air National Guard, whose death
occurs under honorable conditions while such member is hospitalized or
undergoing treatment, at the expense of the United States, for injury or
disease contracted or incurred under honorable conditions while such
member is performing active duty for training, inactive duty training,
or undergoing that hospitalization or treatment at the expense of the
United States.

\(c\) Any Member of the Reserve Officers' Training Corps of the Army,
Navy, or Air Force whose death occurs under honorable conditions while
such member is:

\(1\) Attending an authorized training camp or on an authorized practice
cruise;

\(2\) Performing authorized travel to or from that camp or cruise; or

\(3\) Hospitalized or undergoing treatment, at the expense of the United
States, for injury or disease contracted or incurred under honorable
conditions while such member is:

\(i\) Attending that camp or on that cruise;

\(ii\) Performing that travel; or

\(iii\) Undergoing that hospitalization or treatment at the expense of
the United States.

\(d\) Any person who, during any war in which the United States is or
has been engaged, served in the armed forces of any government allied
with the United States during that war, whose last such service
terminated honorably, and who was a citizen of the United States at the
time of entry on such service and at the time of his or her death.

\(e\) The spouse, surviving spouse, minor child, or unmarried adult
child of a person eligible under paragraph (a), (b), (c), (d), or (g) of
this section. For purposes of this section:

> \(1\) A surviving spouse includes a surviving spouse who had a
> subsequent remarriage;
>
> \(2\) A minor child means an unmarried child under 21 years of age, or
> under 23 years of age if pursuing a full-time course of instruction at
> an approved educational institution; and
>
> \(3\) An unmarried adult child means a child who became permanently
> physically or mentally disabled and incapable of self-support before
> reaching 21 years of age, or before reaching 23 years of age if
> pursuing a full-time course of instruction at an approved educational
> institution.

\(f\) Such other persons or classes of persons as may be designated by
the Secretary.

\(g\) Any person who at the time of death was entitled to retired pay
under chapter 1223 of title 10, United States Code, or would have been
entitled to retired pay under that chapter but for the fact that the
person was under 60 years of age.

\(h\) Any person who:

> \(1\) Was a citizen of the United States or an alien lawfully admitted
> for permanent residence in the United States at the time of their
> death; and
>
> \(2\) Resided in the United States at the time of their death; and
>
> \(3\) Either was a:
>
> \(i\) Commonwealth Army veteran or member of the organized
> guerillas---a person who served before July 1, 1946, in the organized
> military forces of the Government of the Commonwealth of the
> Philippines, while such forces were in the service of the Armed Forces
> of the United States pursuant to the military order of the President
> dated July 26, 1941, including organized guerilla forces under
> commanders appointed, designated, or subsequently recognized by the
> Commander in Chief, Southwest Pacific Area, or other competent
> authority in the Army of the United States, and who died on or after
> November 1, 2000; or
>
> \(ii\) New Philippine Scout---a person who enlisted between October 6,
> 1945, and June 30, 1947, with the Armed Forces of the United States
> with the consent of the Philippine government, pursuant to section 14
> of the Armed Forces Voluntary Recruitment Act of 1945, and who died on
> or after December 16, 2003. (Authority: 38 U.S.C. 107, 501, 2402)

\[43 FR 26571, June 21 1978, as amended at 54 FR 34980, Aug. 23, 1989;
61 FR 27282, May 31, 1996; 64 FR 30244, June 7, 1999; 68 FR 15660, Apr.
1, 2003; 69 FR 39845, July 1, 2004\]

**Supplement *Highlights* references**: 15(3), 34(2), 55(1), 63(2).

\(f\) *General Counsel opinions*. The Board may secure opinions of the
General Counsel in connection with a motion under this subpart. In such
cases, the Board will notify the party and his or her representative, if
any. When the opinion is received by the Board, a copy of the opinion
will be furnished to the party\'s representative or, subject to the
limitations provided in 38 U.S.C. 5701(b)(1), to the party if there is
no representative. A period of 60 days from the date of mailing of a
copy of the opinion will be allowed for response. The date of mailing
will be presumed to be the same as the date of the letter or memorandum
which accompanies the copy of the opinion for purposes of determining
whether a response was timely filed.

\(g\) *Decision*. The decision of the Board on a motion will be in
writing. The decision will include separately stated findings of fact
and conclusions of law on all material questions of fact and law
presented on the record, the reasons or bases for those findings and
conclusions, and an order granting or denying the motion. (Authority: 38
U.S.C. 501(a), 7104(d), 7111)

\[64 Fed. Reg. 2139, Jan. 13, 1999, as amended at 64 FR 7091, Feb. 12,
1999; 66 FR 37151, July 17, 2001; 67 FR 16023, Apr. 4, 2002; 68 FR
53682, Sept. 12, 2003; 69 FR 31523, June 4, 2004\]

**Supplement *Highlights* references**: 33(1), 44(2), 58(2), 63(1).

Reserved