Statutory Law — Title 38
At their core, veterans benefits and the adjudication process are creations of laws passed by Congress. Title 38 is the section of the United States Code dealing with veterans benefits.
These statutes are generally cited as "38 U.S.C. § ___."
Chapters particularly relevant to the adjudication process include:
- Chapter 11: Compensation for Service-Connected Disability or Death
- Chapter 13: Dependency and Indemnity Compensation for Service Connected Deaths
- Chapter 51: Claims, Effective Dates, and Payments
- Chapter 53: Special Provisions Relating to Benefits
- Chapter 71: Board of Veterans Appeals
- Chapter 72: United States Court of Appeals for Veterans Claims
Regulatory Law &mdash 38 C.F.R.
The Secretary of Veterans Affairs implements the laws created by Congress through regulations.
These regulations are generally cited as "38 C.F.R. § ___"
Chapters particularly relevant to the adjudication process include:
- Chapter 3: Adjudication
- Chapter 4: Schedule for rating disabilities
- Chapter 19: Board of Veterans' Appeals: Appeals regulations
- Chapter 20: Board of Veterans' Appeals: Rules of Practice
Chapter 3 governing the adjudication process is in the process of being rewritten. For more information, see William L. Pine & William F. Russo, Making Veterans Benefits Clear: VA's Regulation Rewrite Project, 61 Admin. L. Rev. 407 (2009), and William A. Moorman & William F. Russo, Serving our Veterans Through Clearer
Rules, 56 Admin. L. Rev. 207 (2004). VA has posted copies of the draft regulations on its website here.
VA Adjudication Manual M21-1
The adjudicators who staff VA's regional offices are generally not attorneys. The M21-1 manual is used by these lay adjudicators. The manual is being rewritten, and the revised version is denominated as the M21-1MR. Its most current version is available here.
VA Office of General Counsel Precedent Opinions
VA adjudicators can refer an issue to the Office of General Counsel for an opinion on a legal issue before deciding a case. These opinions are binding on VA, but are merely persuasive authority for the federal courts.