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

Copyright © 2005 Jonathan Publishing

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Printing Office. Distribution is the responsibility of the

VA Forms and Publications Depot. Accordingly:

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,

may be directed to:

Jonathan Publishing

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Telephone: 512/858-1225

Fax: 512/858-1230

E-mail: garyknight@ev1.net

Copyright © 2005 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. 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 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**

20.1104-1 to 20.1199-1 20.1104-1 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.

**§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))

**§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)

**§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)

**§§20.1107--20.1199 \[Reserved\]**