General

CurrencyCurrent through May 31, 2023
Citation 38 C.F.R. §3.400
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3 cases
  • Blubaugh v. McDonald
    • United States
    • U.S. Court of Appeals — Federal Circuit
    • 9 Diciembre 2014
    ...shall not be earlier than the date of receipt of application therefor.” 38 U.S.C. § 5110(a). The Secretary promulgated a regulation, 38 C.F.R. § 3.400, which implements § 5110(a), and similarly provides that the effective date for an award of benefits shall “be the date of receipt of the cl......
  • Buchert v. Shinseki, 2011-7046
    • United States
    • U.S. Court of Appeals — Federal Circuit
    • 8 Junio 2011
    ...Under the applicable statute and regulation, the effective date of an award of compensation is the "date of receipt of the claim." 38 C.F.R. § 3.400; see also 38 U.S.C. § 5110(a). The veteran may, however, be entitled to an earlier effective date where there is evidence that an increase in ......
  • Gray v. McDonough
    • United States
    • United States Court of Appeals For Veterans Claims
    • 15 Diciembre 2023
    ...ties the effective date for most claims to "the date of receipt of the claim or the date entitlement arose, whichever is later." 38 C.F.R. § 3.400 (2023). Mr. Gray that his SMC claim originated with a claim filed before December 4, 2019; thus, he reasons that his effective date should refle......

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