Part III, Subpart ii, Chapter 2, Section F. Claims for ...
Section F. Claims for Increase
Overview
|In this Section |This section contains the following topics: |
|Topic |Topic Name |See Page |
|23 |Identification of Claims for Increase |2-F-2 |
|24 |Policies for Claims for Increase |2-F-3 |
23. Identification of Claims for Increase
|Introduction |This topic contains information about claims for increase, including |
| | |
| |definition of claim for increase |
| |types of claims for increase, and |
| |an example of a claim for increase. |
|Change Date |September 30, 2010 |
|a. Definition: Claim for|Per 38 CFR § 3.160(f), a claim for increase is |
|Increase | |
| |a claim related to a case in which a running compensation or pension award is already in existence, or |
| |a claim for a resumption of payments previously discontinued. |
|b. Types of Claims for |Claims for increase may include claims |
|Increase | |
| |for an increased evaluation of a disability |
| |for special monthly pension (SMP) |
| |for special monthly compensation (SMC) |
| |to add a dependent, or |
| |showing either a reduction of, or a deduction from, income. |
|c. Example of a Claim |A claim for increased disability in a compensation claim that was previously denied because all service-connected |
|for Increase |(SC) disabilities were considered noncompensable is a “claim for increase.” |
24. Policies for Claims for Increase
|Introduction |This topic contains policies for claims for increase, including |
| | |
| |responsibilities of the rating activity |
| |claims for increase in the level of disability, and |
| |claims for SMP, including Aid and Attendance (A&A) and Housebound benefits. |
|Change Date |September 30, 2010 |
|a. Responsibilities of |The rating activity is responsible for evaluating disabilities under the applicable laws and rating schedule, |
|the Rating Activity |including statutory benefits such as |
| | |
| |loss or loss of use of various body organs or parts |
| |special monthly pension (SMP), other than Aid and Attendance (A&A) awarded to patients in nursing homes), and |
| |special monthly compensation (SMC). |
|b. Claims for Increase |Refer any claim for increase in the level of disability to the rating activity for action. |
|in the Level of | |
|Disability | |
Continued on next page
24. Policies for Claims for Increase, Continued
|c. Claims for SMP, |Consider any communication from a claimant or his/her representative a “claim for SMP” (A&A or the Housebound |
|Including A&A and |benefit) if it indicates a desire for increased benefits because of |
|Housebound Benefits | |
| |a nonservice-connected (NSC) disability, or |
| |nursing home patient status. |
| | |
| |Refer the claim to the rating activity unless the evidence establishes that the claimant is a patient in a nursing|
| |home. |
| | |
| |Note: If the evidence establishes that the claimant is a patient in a nursing home, refer the claim for |
| |development, if development is necessary. Otherwise, refer the claim to the post-determination team to grant A&A |
| |without a rating. |
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