**Special Benefits**

3.800 Disability or death due to hospitalization, etc 3.800-1

3.801 Special acts 3.801-1

3.802 Medal of Honor 3.802-1

3.803 Naval pension 3.803-1

3.804 Special allowance under 38 U.S.C 1312. 3.804-1

3.805 Loan guaranty for surviving spouses; certification 3.805-1

3.806 Death gratuity; certification 3.806-1

3.807 Dependents' educational assistance; certification 3.807-1

3.808 Automobiles or other conveyances; certification 3.808-1

3.809 Specially adapted housing under 38 U.S.C. 801(a) 3.809-1

3.809a Special home adaptation grants under 38 U.S.C. 801(b) 3.809a-1

3.810 Clothing allowance 3.810-1

3.811 Minimum income annuity 3.811-1

3.812 Special allowance payable under section 156 of Pub. L. 97-377
3.812-1

3.813 Interim benefits for disability or death due to chloracne or

porphyria cutanea tarda 3.813-1

3.814 Monetary allowance under 38 U.S.C. chapter 18 for an individual
suffering

from spina bifida whose biological father or mother is or was a

Vietnam veteran 3.814-1

3.815 Monetary allowance under 38 U.S.C. chapter 18 for an individual
with

disability from covered birth defects whose biological mother is or was
a

Vietnam veteran; identification of covered birth defects 3.815-1

3.816 Awards under the Nehmer Court Orders for disability or death
caused by a

condition presumptively associated with herbicide exposure 3.816-1

**§3.800 Disability or death due to hospitalization, etc.**

This section applies to claims received by VA before October 1, 1997.
For claims received by VA on or after October 1, 1997, see §§3.362 and
3.363.

\(a\) Where disease, injury, death or the aggravation of an existing
disease or injury occurs as a result of having submitted to an
examination, medical or surgical treatment, hospitalization or the
pursuit of a course of vocational rehabilitation under any law
administered by the Department of Veterans Affairs and not the result of
his (or her) own willful misconduct, disability or death compensation,
or dependency and indemnity compensation will be awarded for such
disease, injury, aggravation, or death as if such condition were service
connected. The commencing date of benefits is subject to the provisions
of §3.400(i). (Authority: 38 U.S.C. 1151)

\(1\) Benefits under paragraph (a) of this section will be in lieu of
any benefits the veteran may be entitled to receive under the Federal
Employees' Compensation Act inasmuch as concurrent payments are
prohibited. (See §3.708.)

\(2\) Where any person is awarded a judgment on or after December 1,
1962, against the United States in a civil action brought pursuant to 28
U.S.C. 1346(b), or enters into a settlement or compromise on or after
December 1, 1962, under 28 U.S.C. 2672 or 2677, by reason of a
disability, aggravation or death within the purview of this section, no
compensation or dependency and indemnity compensation shall be paid to
such person for any month beginning after the date such judgment,
settlement, or compromise on account of such disability, aggravation, or
death becomes final until the total amount of benefits which would be
paid except for this provision equals the total amount included in such
judgment, settlement, or compromise. The provisions of this paragraph do
not apply, however, to any portion of such compensation or dependency
and indemnity compensation payable for any period preceding the end of
the month in which such judgment, settlement or compromise becomes
final. (Authority: 38 U.S.C. 501(a))

\(3\) If an administrative award was made or a settlement or compromise
became final before December 1, 1962, compensation or dependency and
indemnity compensation may not be authorized for any period after such
award settlement, or compromise whether before or after December 1,
1962. There is no bar to payment of compensation or dependency and
indemnity compensation and no set-off because of a judgment which became
final before December 1, 1962, unless specified in the terms of the
judgment.

\(4\) *Offset of award of benefits under 38 U.S.C. chapter 39*.

\(i\) If a judgment, settlement, or compromise covered by paragraph
(a)(2) of this section becomes final on or after December 10, 2004, and
includes an amount that is specifically designated for automobile
assistance benefits under 38 U.S.C. chapter 39 (38 CFR 3.808), and if VA
awards chapter 39 benefits after the date on which the judgment,
settlement, or compromise becomes final, the amount of the award will be
reduced by the amount received under the judgment, settlement, or
compromise for the same purpose.

\(ii\) If the amount described in paragraph (4)(i) of this section is
greater than the amount of an award under 38 U.S.C. chapter 39, the
excess amount received under the judgment, settlement, or compromise
will be offset against benefits otherwise payable under 38 U.S.C.
chapter 11. (Authority: 38 U.S.C. 1151(b)(2))

\(b\) (1) If death occurred prior to January 1, 1957, the benefit
payable will be death compensation. See §§3.5(b)(2) and 3.702 as to
right of election to dependency and indemnity compensation.

\(2\) If death occurs on or after January 1, 1957, the benefit payable
will be dependency and indemnity compensation.

\[26 FR 1604, Feb. 24, 1961, as amended at 27 FR 11892, Dec. 1, 1962; 29
FR 16252, Dec. 4, 1964; 39 FR 34532, Sept. 26, 1974; 53 FR 23237, June
21, 1988; 63 FR 45007, Aug. 24, 1998; 64 FR 1132, Jan. 8, 1999; 69 FR
46435, Aug. 3, 2004; 71 FR 44919, Aug. 8, 2006\]

**Cross references:** Claims; injury due to hospital treatment, etc. See
§3.154. Effective dates; disability or death due to hospitalization,
etc. See §3.400(i).

**Supplement *Highlights* references**: 33(1), 36(1), 63(1), 72(2).

Reserved