"Liberalization" a regulation has nothing to do with politics. Instead a liberalization of regulations is when a new law is passed (changing VA regulations) which more favorably affects the Veteran, than previous regulations.
Over the decades, its happened somewhat frequently. For example, new research sometimes means that new conditions are added to the "presumptive list" which were not added in the past.
The liberalization of regulations can result in an earlier effective date (more retro) for you.
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38 CFR § 3.114 - Change of law or Department of Veterans Affairs issue.
§ 3.114 Change of law orDepartment of Veterans Affairsissue.
(a)Effective date of award.Where pension, compensation, dependency and indemnity compensation, or a monetary allowance under38 U.S.C. chapter 18for an individual who is achildof a Vietnamveteranorchildof aveteranwith covered service in Korea is awarded or increased pursuant to a liberalizing law, or a liberalizing VA issue approved by the Secretary or by the Secretary's direction, the effective date of such award or increase shall be fixed in accordance with the facts found, but shall not be earlier than the effective date of the act or administrative issue. Where pension, compensation, dependency and indemnity compensation, or a monetary allowance under38 U.S.C. chapter 18for an individual who is achildof a Vietnamveteranorchildof aveteranwith covered service in Korea is awarded or increased pursuant to a liberalizing law or VA issue which became effective on or after the date of its enactment or issuance, in order for aclaimantto be eligible for a retroactive payment under the provisions of this paragraph the evidence must show that theclaimantmet all eligibility criteria for the liberalized benefit on the effective date of the liberalizing law or VA issue and that such eligibility existed continuously from that date to the date ofclaimor administrative determination of entitlement. The provisions of this paragraph are applicable to original andsupplemental claimsas well asclaimsfor increase.
(1)If aclaimis reviewed on the initiative of VA within 1 year from the effective date of the law or VA issue, or at the request of aclaimantreceived within 1 year from that date, benefits may be authorized from the effective date of the law or VA issue.
(2)If aclaimis reviewed on the initiative of VA more than 1 year after the effective date of the law or VA issue, benefits may be authorized for a period of 1 year prior to the date of administrative determination of entitlement.
(3)If aclaimis reviewed at the request of theclaimantmore than 1 year after the effective date of the law or VA issue, benefits may be authorized for a period of 1 year prior to thedate of receiptof such request.
(b)Discontinuance of benefits.Where the reduction or discontinuance of an award is in order because of a change in law or aDepartment of Veterans Affairsissue, or because of a change in interpretation of a law orDepartment of Veterans Affairsissue, the payee will be notified at his or her latest address of record of the contemplated action and furnished detailed reasons therefor, and will be given 60 days for the presentation of additional evidence. If additional evidence is not received within that period, the award will be reduced or discontinued effective the last day of the month in which the 60-day period expired.
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broncovet
"Liberalization" a regulation has nothing to do with politics. Instead a liberalization of regulations is when a new law is passed (changing VA regulations) which more favorably affects the Veteran, than previous regulations.
Over the decades, its happened somewhat frequently. For example, new research sometimes means that new conditions are added to the "presumptive list" which were not added in the past.
The liberalization of regulations can result in an earlier effective date (more retro) for you.
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broncovet
"Liberalization" a regulation has nothing to do with politics. Instead a liberalization of regulations is when a new law is passed (changing VA regulations) which more favorably affects the Veteran,
brokensoldier244th
Good post, Bronc. It happened relatively recently with GIBill/Voc Rehab, too, and resulted in some veterans that had used Voc Rehab getting back some of their GI Bill benefits that used to be exchange
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