Where To Find Older Regulations ?

[cowgirl]

Where can I find CFR 38-1 and other associated regulations for disabilities from yesteryear? Example, if claim filed in 1996, how can I tell the date of the regulation and criteria used to determine the rating? (I'll continue searching as well)

Thanks,

cg

[allan]

Hello cg,

is that 38 CFR part 1, section 1, chapter or volume 1 your looking for?

[Philip Rogers]

Check at the bottom of the regulation you're looking at. All change dates are listed, starting with the oldest to the most recent. If no changes are listed, since the date of your claim application, then the current regulation is the one they used.

pr

Edited June 27, 2008 by Philip Rogers (see edit history)

[rentalguy1]

Do as PR says, and if there is older regs listed, then look them up in the federal register. the FR information is listed with the date changes. It can be (re.: IS) a huge pain in the rump to do this, though.

[Berta]

You can also go to the BVA web site- and search their decisions for similiar claims for those years you need.

The regs they used in prior years will be cited in the decision.

Law Libraries also have the older regs in their volumes of Title 38- which are miserable to go through and very time consuming.

Wouldnt the claim you filed in 1996 possibly still be in your C file with the regs they used?

[Rockhound]

Check with your area Universty if you have one close, to see if their library is a Federa Depository. They will have either in book form all title 38 CFR's and 38 USC's you may need to look up.

Older language may have language different than the newer versions. Such a change in language may or may not, have an effect on your present claim.

RR B)

[cowgirl]

Hello all, researching cardio ratings for timeframe of 1993-1997, just dont wanna miss anything, think I got it but just in case and double checking myself! Thanks a bunch!

Fondly yours,

Cg!

cg

Hello cg,

is that 38 CFR part 1, section 1, chapter or volume 1 your looking for?

[rentalguy1]

Ok CG..I looked some stuff up for ya, but hit a dead end on the net. The new cardio criterial was set forth in 62 FR 65219 on 12/11/1997, and took effect in 1998. Prior to that, the criteria was set forth in 58 FR 4954-60 on 01/19/1993. The FR web site only goes back to Volume 59 (1994), so you will have to go to your local library and try to find the older reg there. The criteria you are looking for was in place from 1994-1998.

One other thing to ponder, and I'm not 100% sure what you are looking for here, but if you have a new claim for increase currently working, then the old criteria will no longer apply. The old criteria only applies if you have a claim working when the criteria actually changes. Then they have to use which ever criteria is most beneficial to the vet. Or, at least that is my understanding of it.

[cowgirl]

Thanks Rental, you're a doll trying to read my strange questions when my brain gets fuzzy. In fact, I'm smacking myself in the head trying to figure this stuff out. My doctors report reads, the following .....'mildly reduced left ventricular enlargment with mildly reduced left ventricular function and estimated left ventricular ejection fraction of 40-45%.' ....thats what I had a decade ago first claim after discharge..was assigned 0% then..watcha think? How does one prove this up?

Maybe they (and I?) goofed on my first claim??

Thoughts welcome.

cg

Ok CG..I looked some stuff up for ya, but hit a dead end on the net. The new cardio criterial was set forth in 62 FR 65219 on 12/11/1997, and took effect in 1998. Prior to that, the criteria was set forth in 58 FR 4954-60 on 01/19/1993. The FR web site only goes back to Volume 59 (1994), so you will have to go to your local library and try to find the older reg there. The criteria you are looking for was in place from 1994-1998.

One other thing to ponder, and I'm not 100% sure what you are looking for here, but if you have a new claim for increase currently working, then the old criteria will no longer apply. The old criteria only applies if you have a claim working when the criteria actually changes. Then they have to use which ever criteria is most beneficial to the vet. Or, at least that is my understanding of it.

[rentalguy1]

I wouldn't even begin to comment on cardiac claims. I know absolutely nothing about them. But I will help you find information on it.