38 CFR 3.155 - Informal claims
| Cite as | 38 CFR 3.155 |
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180 practice notes
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Standard Claims and Appeals Forms
...examination, or treatment. This final rule further implements a procedure to replace the non- standard informal claim process in 38 CFR 3.155 by employing a standard form on which a claimant or his or her representative can file an ``intent to file'' a claim for Finally, this final rule pro......
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Legal interpretations; General Counsel-precedent opinions:
Veterans benefits under VA administered laws; summary,
...a medical disability; (2) makes a claim for the highest rating possible; and (3) submits evidence of unemployability, the requirement in 38 CFR 3.155(a) that an informal claim ``identify the benefit sought'' has been satisfied and VA must consider whether the veteran is entitled to total di......
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VA Compensation and Pension Regulation Rewrite Project
...to have in one place a list of persons who can file a claim and any conditions on that authority. Initially proposed paragraph (b), like 38 CFR 3.155(b), listed several types of representatives: agents, attorneys, and service organizations. Initially proposed paragraph (a) contained the ter......
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Adjudication; pensions, compensation, dependency, etc.:
Hospital care, medical or surgical treatment, examination, training and rehabilitation services, or compensated work therapy program; indemnity compensation,
...indicate ``an intent'' to seek benefits provided by 38 CFR 3.361. In this respect, the rule is similar to the general rule in 38 CFR 3.155(a) governing informal claims, which provides that any communication indicating ``an intent'' to apply for VA benefits may be considered an informal clai......
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172 cases
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Gambill v. Shinseki, No. 2008-7120.
...38 C.F.R. § 3.103(a), (c). And the regional office is required to construe all applications liberally in favor of the veteran. See 38 C.F.R. § 3.155(a); see also Moody v. Principi, 360 F.3d 1306, 1310 (Fed.Cir.2004). Finally, unlike in many other settings, the claimant is not required to pr......
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Arellano v. McDonough, 2020-1073
...relative, or ... agent authorized to act on behalf of the individual under a durable power of attorney," id. § 5101(a)(2).In addition, 38 C.F.R. § 3.155 provides that "some person acting as next friend of claimant who is not of full age or capacity may indicate a claimant's desire to file a......
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Burkins v. US, Civ. A. No. 93-K-2125.
...the actual seeking of benefits from the VA after Plaintiff's discharge records are corrected is an administrative matter, under 38 C.F.R. § 3.155(a) and 38 C.F.R. § 3.157(a), that will proceed through the Board of Veterans Appeals, not this Pl.'s Mem. at 15. An examination of other cases sh......
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Military-Veterans Advocacy v. Sec'y of Veterans Affairs, 2019-1685
...C.F.R. § 3.2500(b) bars the filing of a supplemental claim when adjudication of the same claim is pending before a federal court; and 38 C.F.R. § 3.155 excludes supplemental claims from the intent-to-file framework. We hold that all three regulations are invalid for contravening the unambig......
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1 books & journal articles
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Beyond 'T.B.D.': Understanding va's evaluation of a former servicemember's benefit eligibility following involuntary or punitive discharge from the Armed forces
...Dep’t of Veterans Affairs, Form 21-526EZ, Application for Disability Compensation and Related Compensation Benefits (Jan. 2013). 75 38 C.F.R. § 3.155 (2012). See also infra app. M. 76 38 U.S.C. § 5902(a) (2006). 77 38 U.S.C. § 5103(a) (2006); see also U.S. DEP’T OF VETERANS AFFAIRS, ADJUDIC......