National Archives and Records Administration
[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38 CFR 3.155]

[Page 145-148]

TITLE 38 -- PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I -- DEPARTMENT OF VETERANS AFFAIRS

PART 3 -- ADJUDICATION -- Table of Contents

Subpart A -- Pension, Compensation, and Dependency and Indemnity Compensation

Sec. 3.155 Informal claims.

    (a) Any communication or action, indicating an intent to apply for one or more benefits under the laws administered by the Department of Veterans Affairs, from a claimant, his or her duly authorized representative, a Member of Congress, or some person acting as next friend of a claimant who is not sui juris may be considered an informal claim. Such informal claim must identify the benefit sought. Upon receipt of an informal claim, if a formal claim has not been filed, an application form will be forwarded to the claimant for execution. If received within 1 year from the date it was sent to the claimant, it will be considered filed as of the date of receipt of the informal claim.

    (b) A communication received from a service organization, an attorney, or agent may not be accepted as an informal claim if a power of attorney was not executed at the time the communication was written.

    (c) When a claim has been filed which meets the requirements of Sec. 3.151 or Sec. 3.152, an informal request for increase or reopening will be accepted as a claim.

    Cross References: State Department as agent of VA. See Sec. 3.108. Report of examination or hospitalization--as claim for increase or to reopen. See Sec. 3.157.

[26 FR 1570, Feb. 24, 1961, as amended at 52 FR 27340, July 21, 1987]

[[Page 192]]

Editorial Note: For Federal Register citations affecting Sec. 3.1, see the List of Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.




PART I -- DEPT OF VA       CFR

CFR 38/18

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