38 CFR Part 3
Adjudication — How VA Decides Claims
The procedural rulebook: service connection, evidence, effective dates, dependents, and how a decision gets made.
Read the official text of 38 CFR Part 3In plain English
If Part 4 decides how much a condition is worth, Part 3 decides whether the VA owes you anything at all and from what date. It covers service connection, presumptive conditions, the duty to assist, dependency, income limits for pension, and effective dates.
Almost every denial that we overturn turns on a Part 3 rule rather than a medical dispute — the VA failed to develop the record, applied the wrong presumption, or assigned an effective date that was later than the law allows.
What the rule actually requires
- Direct service connection requires a current disability, an in-service event, and a medical link between the two.
- Presumptive service connection removes the link requirement for listed conditions and qualifying service, including PACT Act toxic exposure presumptions.
- The VA has a duty to assist in gathering records and, where required, to provide a medical examination.
- Reasonable doubt is resolved in the claimant’s favor.
Why this matters to your claim
Denials are frequently procedural, not medical. Reading the decision against Part 3 is how you find the error that a Higher-Level Review or appeal can actually fix.
This is our plain-English summary, written for veterans — it is not the regulation itself and it is not legal advice. The controlling text is the current official version, linked above. The VA makes all final decisions about eligibility and payment.
Official text of 38 CFR Part 3