Link to an amendment published at 88 FR 10037, Feb. 16, 2023.This amendment was delayed until Feb. 16, 2025, at 88 FR 90120, Dec. 29, 2023.

(a) This section applies only to legacy claims.

Terms Used In 38 CFR 70.40

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Legacy: A gift of property made by will.

(b) Upon denial of an initial claim for beneficiary travel, VA will provide the claimant written notice of the decision and advise the claimant of reconsideration and appeal rights. A claimant who disagrees with the initial decision denying the claim for beneficiary travel, in whole or in part, may obtain reconsideration under § 17.133 of this chapter and may file an appeal to the Board of Veterans’ Appeals under parts 19 and 20 of this chapter. An appeal may be made directly to the Board of Veterans’ Appeals without requesting reconsideration.

(Authority: 38 U.S.C. § 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302) [73 FR 36798, June 30, 2008, as amended at 87 FR 43748, July 22, 2022]