38 CFR 3.303 - Principles relating to service connection

Cite as38 CFR 3.303
CurrencyCurrent through December 31, 2020
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381 practice notes
  • VA Compensation and Pension Regulation Rewrite Project
    • United States
    • Federal Register November 27, 2013
    • November 27, 2013
    ...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......
  • 393 F.2d 257 (8th Cir. 1968), 18822, Taylor v. Gardner
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eighth Circuit
    • March 26, 1968
    ...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 ......
  • [W] Padgett v. Nicholson, 041905 uscavc, 02-2259
    • United States
    • April 19, 2005
    ...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 "......
  • Euzebio v. McDonough, 030321 FEDFED, 2020-1072
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Federal Circuit
    • March 3, 2021
    ...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
  • 393 F.2d 257 (8th Cir. 1968), 18822, Taylor v. Gardner
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Eighth Circuit
    • March 26, 1968
    ...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 ......
  • [W] Padgett v. Nicholson, 041905 uscavc, 02-2259
    • United States
    • April 19, 2005
    ...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 "......
  • Euzebio v. McDonough, 030321 FEDFED, 2020-1072
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Federal Circuit
    • March 3, 2021
    ...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......
  • 818 F.Supp.2d 17 (D.D.C. 2011), C. A. 09-02172 (RMU), Rudo v. Geren
    • United States
    • Federal Cases United States District Courts District of Columbia
    • March 24, 2011
    ...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
  • The Skeletal System
    • United States
    • ABA Medical-Legal Guides. The Spine for Lawyers Part 1. The Building Blocks of Human Anatomy
    • March 1, 2013
    ...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
  • VA Compensation and Pension Regulation Rewrite Project
    • United States
    • Federal Register November 27, 2013
    • November 27, 2013
    ...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......
  • Secondary Service Connection for Diagnosable Illnesses Associated With Traumatic Brain Injury
    • United States
    • Federal Register December 10, 2012
    • December 10, 2012
    ...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......
  • Disease Associated With Exposure to Certain Herbicide Agents: Peripheral Neuropathy
    • United States
    • Federal Register September 06, 2013
    • September 6, 2013
    ...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......
  • Adjudication; pensions, compensation, dependency, etc: Notice and assistance requirements provided to claimant,
    • United States
    • Federal Register October 31, 2006
    • October 31, 2006
    ...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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