38 CFR 3.303 - Principles relating to service connection
| Cite as | 38 CFR 3.303 |
| Currency | Current through December 31, 2020 |
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381 practice notes
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VA Compensation and Pension Regulation Rewrite Project
...opinions, VA weighs and considers all other medical evidence, including that produced by a veteran's treating physician. We note that 38 CFR 3.303(a) only prescribes that VA decide claims for service connection ``based on review of the entire evidence of record'' and there is no rule in par......
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393 F.2d 257 (8th Cir. 1968), 18822, Taylor v. Gardner
...will award compensation for service connected disability even though the disability is not noted on the veteran's service records. 38 C.F.R. § 3.303(a) (1967 ed.). [12] The applicable statute provided that upon a finding of disability, a member of the Fleet Reserve was to be transferred to ......
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[W] Padgett v. Nicholson, 041905 uscavc, 02-2259
...in light of the record viewed in its entirety," Gilbert, 1 Vet.App. at 52 (quoting Anderson, 470 U.S. at 574); see also 38 C.F.R. § 3.303(a) (2004) ("[d]eterminations as to service connection will be based on review of the entire evidence of record"), and the Court has "......
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Euzebio v. McDonough, 030321 FEDFED, 2020-1072
...1282, 1287 (Fed. Cir. 2009) ("We have repeatedly emphasized that all pertinent evidence must be considered."); 38 C.F.R. § 3.303 ("Determinations as to service connection will be based on review of the entire evidence of [5] "After Bell, the Secr......
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369 cases
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393 F.2d 257 (8th Cir. 1968), 18822, Taylor v. Gardner
...will award compensation for service connected disability even though the disability is not noted on the veteran's service records. 38 C.F.R. § 3.303(a) (1967 ed.). [12] The applicable statute provided that upon a finding of disability, a member of the Fleet Reserve was to be transferred to ......
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[W] Padgett v. Nicholson, 041905 uscavc, 02-2259
...in light of the record viewed in its entirety," Gilbert, 1 Vet.App. at 52 (quoting Anderson, 470 U.S. at 574); see also 38 C.F.R. § 3.303(a) (2004) ("[d]eterminations as to service connection will be based on review of the entire evidence of record"), and the Court has "......
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Euzebio v. McDonough, 030321 FEDFED, 2020-1072
...1282, 1287 (Fed. Cir. 2009) ("We have repeatedly emphasized that all pertinent evidence must be considered."); 38 C.F.R. § 3.303 ("Determinations as to service connection will be based on review of the entire evidence of [5] "After Bell, the Secr......
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818 F.Supp.2d 17 (D.D.C. 2011), C. A. 09-02172 (RMU), Rudo v. Geren
...unless an injury or illness is " service-connected," or the veteran otherwise qualifies due to his indigent status. See 38 C.F.R. § 3.303. [3] A personality disorder diagnosed in military health records may be considered a " pre-service," or a pre-existing condition and ......
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1 books & journal articles
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The Skeletal System
...entitled him to a presumption of exposure to pesticides, but rheumatoid arthritis is not one of the listed conditions contained in 38 C.F.R. § 3.303(d) so he must demonstrate that his medical condition is service related. Six opinions were offered in this case concerning the relationship of......
11 provisions
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VA Compensation and Pension Regulation Rewrite Project
...opinions, VA weighs and considers all other medical evidence, including that produced by a veteran's treating physician. We note that 38 CFR 3.303(a) only prescribes that VA decide claims for service connection ``based on review of the entire evidence of record'' and there is no rule in par......
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Secondary Service Connection for Diagnosable Illnesses Associated With Traumatic Brain Injury
...shall preclude a veteran from establishing direct service connection under the generally applicable principles of service connection in 38 CFR 3.303 and Determination of the Severity of a TBI VA and the Department of Defense have established a joint set of factors and criteria for classifyi......
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Disease Associated With Exposure to Certain Herbicide Agents: Peripheral Neuropathy
...the presumption of service connection, he may still be able to establish service connection on a direct basis under 38 U.S.C. 1110 and 38 CFR 3.303(d). To the extent the comment recommends changes to VA's overall scheme for administering benefits, such changes would require legislation whic......
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Adjudication; pensions, compensation, dependency, etc:
Notice and assistance requirements provided to claimant,
...to establish a nexus between a current disability and service when a claimant satisfies the chronicity or continuity requirements in 38 CFR 3.303(b). Section 3.303(b) states, in pertinent part, as follows: ``With chronic disease shown as such in service (or within the presumptive period und......
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