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Va liberalizing law s Form: What You Should Know
DORA provides that an amount equal to the cost of medical care furnished to an eligible veteran whose entitlement is increased by the establishment of a new entitlement category will be counted with the entitlement to any other amounts paid under the law(s) or the provision in which the increase in the total amount of benefits due to an increase is specifically made. See the official DORA instructions for more specific inform- tion on the requirements of this section of the law. For the specific regulations, please refer to Department of Veterans Affairs 3.115. The official regulations are: § 3.115. Change in law or Department of Veterans Affairs issue. Is awarded or increased pursuant to a new entitlement category established in the laws of the United States or the regulations in 41 CFR Part 37. All other claims, including claims under DORA and related statutes, will be adjudicated on the basis of the original entitlement. Note : The regulations also provide a definition of the term “new entitlement”, “existing entitlement”, and “existing total cost”. For the specific regulations, please refer to 41 CFR 37 and Department of Veterans Affairs 37.4. If an individual's entitlement as amended by Sec. 3.113 has increased because of a change in the amount of or any other benefit of the entitlement which was not changed by Sect ternary's approval, the benefit is only applied to those portions of the total disability compensation or post-separation medical benefits for the period before Sect ternary's approval, regardless of whether the new or modified benefit is applied from a higher or a lower income tier. See the official DORA instructions for more specific inform- tion on the requirements of this section of the law. For the specific regulations, please refer to 41 CFR 37 and Department of Veterans' Affairs 37 .3. If the claimant applies for a VA disability rating or adjustment based on a change in entitlement because of a change in the disability rating or adjustment, it should be noted that the benefit is not counted against the entitlement to other benefits that apply at the same time, such as any other disability payment benefits. See the official DORA instructions for more specific instruct- tions on the requirements of this section of the law. For the specific regulations, please refer to 41 CFR 37 and Department of Veterans Affairs §§ 37.3.
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