cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
18 rows where part_number = 70 and title_number = 38 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 38:38:2.0.1.1.29.1.360.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | A | Subpart A—Beneficiary Travel and Special Mode Transportation Under 38 U.S.C. 111 | § 70.1 Purpose and scope. | VA | (a) This part provides a mechanism under 38 U.S.C. 111 for the Veterans Health Administration (VHA) to make payments for travel expenses incurred in the United States to help veterans and other persons obtain care or services from VHA. (b) This part does not cover payment for emergency transportation of veterans for non-service-connected conditions in non-VA facilities when the payment for transportation is covered by §§ 17.1000 through 17.1008 of this chapter, as authorized by 38 U.S.C. 1725. | |||||
| 38:38:2.0.1.1.29.1.360.11 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | A | Subpart A—Beneficiary Travel and Special Mode Transportation Under 38 U.S.C. 111 | § 70.31 Deductibles. | VA | (a) VA shall deduct an amount established by the Secretary for each one-way trip from the amount otherwise payable under this part for such one-way trip, except that: (1) VA shall not deduct any amounts in a calendar month after the completion of six one-way trips for which deductions were made in such calendar month, and (2) Whenever the Secretary adjusts the mileage rates as a result of the investigation described in § 70.30(a)(1)(iv), the Secretary shall, effective on the date such mileage rate change should occur, adjust proportionally the deductible amount in effect at the time of the adjustment. If a determination is made that a change is warranted, the new deductible(s) will be published in the notice section of the Federal Register. Current deductible(s) can be found at http://www.va.gov/healtheligibility/Library/pubs/BeneficiaryTravel/BeneficiaryTravel.pdf or by contacting the Beneficiary Travel office at the closest VA health care facility. (b) The provisions under this section for making deductions shall not apply to: (1) Travel that includes travel by a special mode of transportation, (2) Travel to a VA facility for a scheduled compensation and pension examination, and (3) Travel by a non-veteran. (c) VA shall waive the deductible under this section when it would cause the beneficiary severe financial hardship. For purposes of this section, severe financial hardship occurs if the beneficiary: (1) Is in receipt of a VA pension; (2) Has income for the year prior to the year in which application is made pursuant to § 70.20 that does not exceed the household income threshold determined under 38 U.S.C. 1722(a) (the current income thresholds can be found at http://www.va.gov/healtheligibility/Library/pubs/VAIncomeThresholds/VAIncomeThresholds.pdf ); or (3) Has circumstances in the year the application is made pursuant to § 70.20 that cause his or her projected income not to exceed the household income threshold determined under 38 U.S.C. 1722(a). (d) Waivers granted under this section are va… | |||||
| 38:38:2.0.1.1.29.1.360.12 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | A | Subpart A—Beneficiary Travel and Special Mode Transportation Under 38 U.S.C. 111 | § 70.32 Reimbursement or prior payment. | VA | (a) Payment will be made on a reimbursement basis after the travel has occurred, except that: (1) Upon completion of examination, treatment, or care, payment may be made before the return travel has occurred, and (2) In the case of travel by a person to or from a VA facility by special mode of transportation, VA may provide payment for beneficiary travel to the provider of the transportation before determining eligibility of such person for such payment if VA determines that the travel is for emergency treatment and the beneficiary or other person made a claim that the beneficiary is eligible for payment for the travel. (b) Payment under this part will be made to the beneficiary, except that VA may make a beneficiary travel payment under this part to a person or organization other than the beneficiary upon satisfactory evidence that the person or organization actually provided or paid for the travel. | |||||
| 38:38:2.0.1.1.29.1.360.13 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | A | Subpart A—Beneficiary Travel and Special Mode Transportation Under 38 U.S.C. 111 | § 70.40 Administrative procedures. | VA | [73 FR 36798, June 30, 2008, as amended at 87 FR 43748, July 22, 2022] | (a) This section applies only to legacy claims. (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. | ||||
| 38:38:2.0.1.1.29.1.360.14 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | A | Subpart A—Beneficiary Travel and Special Mode Transportation Under 38 U.S.C. 111 | § 70.41 Recovery of payments. | VA | Payments for beneficiary travel made to persons ineligible for such payment are subject to recapture under applicable law, including the provisions of §§ 1.900 through 1.953 of this chapter. | |||||
| 38:38:2.0.1.1.29.1.360.15 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | A | Subpart A—Beneficiary Travel and Special Mode Transportation Under 38 U.S.C. 111 | § 70.42 False statements. | VA | A person who makes a false statement for the purpose of obtaining payments for beneficiary travel may be prosecuted under applicable laws, including 18 U.S.C. 1001. | |||||
| 38:38:2.0.1.1.29.1.360.16 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | A | Subpart A—Beneficiary Travel and Special Mode Transportation Under 38 U.S.C. 111 | § 70.50 Reduced fare requests. | VA | Printed reduced-fare requests for use by eligible beneficiaries and their attendants when traveling at their own expense to or from any VA facility or VA-authorized facility for authorized VA health care are available from any VA medical facility. Beneficiaries may use these request forms to ask transportation providers, such as bus companies, for a reduced fare. Whether to grant a reduced fare is determined by the transportation provider. | |||||
| 38:38:2.0.1.1.29.1.360.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | A | Subpart A—Beneficiary Travel and Special Mode Transportation Under 38 U.S.C. 111 | § 70.2 Definitions. | VA | For purposes of this part: Attendant means an individual traveling with a beneficiary who is eligible for beneficiary travel and requires the aid and/or physical assistance of another person. Beneficiary means a person determined eligible for VHA benefits. Claimant means a veteran who received services (or his/her guardian) or the hospital, clinic, or community resource that provided the services, or the person other than the veteran who paid for the services. Clinician means a Physician, Physician Assistant (PA), Nurse Practitioner (NP), Psychologist, or other independent licensed practitioner. Emergency treatment means treatment for a condition of such a nature that a prudent layperson would have reasonably expected that delay in seeking immediate medical attention would have been hazardous to life or health (this standard would be met if there were an emergency medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect the absence of immediate medical attention to result in placing the health of the individual in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part). Irregular discharge means the release of a competent patient from a VA or VA-authorized hospital, nursing home, or domiciliary care due to: refusal, neglect or obstruction of examination or treatment; leaving without the approval of the treating health care clinician; or disorderly conduct and discharge is the appropriate disciplinary action. Special mode of transportation means an ambulance, ambulette, air ambulance, wheelchair van, or other mode of transportation specially designed to transport disabled persons (this would not include a mode of transportation not specifically designed to transport disabled persons, such as a bus, subway, taxi, train, or airplane). A modified, privately-owned vehicle, with special adaptive equipme… | |||||
| 38:38:2.0.1.1.29.1.360.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | A | Subpart A—Beneficiary Travel and Special Mode Transportation Under 38 U.S.C. 111 | § 70.3 Determination of Secretary. | VA | For each fiscal year, the Secretary of Veterans Affairs will determine whether funds are available for paying expenses of VHA beneficiary travel under 38 U.S.C. 111. If the Secretary determines that funds are available for such purpose, VA will make payment for expenses of such travel in accordance with the provisions of this part. | |||||
| 38:38:2.0.1.1.29.1.360.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | A | Subpart A—Beneficiary Travel and Special Mode Transportation Under 38 U.S.C. 111 | § 70.4 Criteria for approval. | VA | (a) VA will approve payment for beneficiary travel under this part if: (1) The travel was made to obtain care or services for a person who is eligible for beneficiary travel payments under § 70.10, (2) The travel was in connection with care or services for which such person was eligible under the laws administered by VA, (3) Application was made in accordance with § 70.20, (4) All of the requirements of this part for payment are met, and (5) Any failure to obtain the care or services was due to actions by officials of VA or persons acting on behalf of VA. (b) When a claimant requests payment for beneficiary travel after the provision of care or services and the travel did not include a special mode of transportation, VA will approve round-trip payment under this part only if the travel was: (1) In connection with care or services that were scheduled with VHA prior to arrival at the VHA-designated facility, or (2) For emergency treatment. (c) When a claimant requests payment for beneficiary travel for care or services that were not scheduled with VHA prior to arrival at the facility and were not emergency treatment and the travel did not include a special mode of transportation, VA will not approve round-trip payment under this part but will approve payment for the return trip if VHA actually provided care or services. (d) Except as provided in § 70.32 concerning reimbursement or prior payment, when payment for beneficiary travel is requested for travel that includes a special mode of transportation, VA will approve payment under this part if: (1) The travel is medically required, (2) The beneficiary is unable to defray the cost of such transportation, and (3) VHA approved the travel prior to travel in the special mode of transportation or the travel was undertaken in connection with a medical emergency. | |||||
| 38:38:2.0.1.1.29.1.360.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | A | Subpart A—Beneficiary Travel and Special Mode Transportation Under 38 U.S.C. 111 | § 70.10 Eligible persons. | VA | [73 FR 36798, June 30, 2008, as amended at 73 FR 50723, Aug. 28, 2008] | (a) The following listed persons are eligible for beneficiary travel payments under this part: (1) A veteran who travels to or from a VA facility or VA-authorized health care facility in connection with treatment or care for a service-connected disability (regardless of percent of disability). (2) A veteran with a service-connected disability rated at 30 percent or more who travels to or from a VA facility or VA-authorized health care facility for examination, treatment, or care for any condition. (3) A veteran who travels to a VA facility or VA-authorized health care facility for a scheduled compensation and pension examination. (4) A veteran receiving pension under 38 U.S.C. 1521, who travels to or from a VA facility or VA-authorized health care facility for examination, treatment, or care. (5) A veteran whose annual income (as determined under 38 U.S.C. 1503) does not exceed the maximum annual rate of pension that the veteran would receive under 38 U.S.C. 1521 (as adjusted under 38 U.S.C. 5312) if the veteran was eligible for pension and travels to or from a VA facility or VA-authorized health care facility for examination, treatment, or care. (6) A veteran who travels to or from a VA facility or VA-authorized health care facility for examination, treatment, or care, and who is unable to defray the expenses of that travel as defined in paragraph (c) of this section. (7) A member of a veteran's immediate family, a veteran's legal guardian, or a person in whose household the veteran certifies an intention to live, if such person is traveling for consultation, professional counseling, training, or mental health services concerning a veteran who is receiving care for a service-connected disability; or a member of a veteran's immediate family, if such person is traveling for bereavement counseling relating to the death of such veteran in the active military, naval, or air service in the line of duty and under circumstances not due to the veteran's own misconduct. (8) An attendant other than a VA employee, w… | ||||
| 38:38:2.0.1.1.29.1.360.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | A | Subpart A—Beneficiary Travel and Special Mode Transportation Under 38 U.S.C. 111 | § 70.20 Application. | VA | [73 FR 36798, June 30, 2008, as amended at 89 FR 11730, Feb. 15, 2024] | (a) A claimant may apply for beneficiary travel orally or in writing but must provide VA the receipt for each expense other than for mileage. (b) A claimant must apply for payment of beneficiary travel within 30 calendar days after completing beneficiary travel that does not include a special mode of transportation. (c) For beneficiary travel that includes a special mode of transportation, a claimant must apply for payment of beneficiary travel and obtain approval from VA prior to the travel; however, if the travel included a special mode of transportation and the claimant without prior approval applies for payment of the beneficiary travel within 30 calendar days after the travel is completed, the application will be considered timely submitted if the travel was for emergency treatment. (d) Notwithstanding other provisions of this section, for travel that includes meals and/or lodging, a claimant must apply for and receive approval prior to obtaining the meals and/or lodging in order to receive payment in accordance with § 70.30(a)(3) for the meals and/or lodging. (e) If VA determines that additional information is needed to make a determination concerning an application under this part, VA will notify the claimant in writing of the deficiency and request additional information. If the claimant has not responded to the request within 30 days, VA may decide the claim prior to the expiration of the 1-year submission period required by 38 U.S.C. 5103(b)(1) based on all the information contained in the file, including any information it has obtained on behalf of the claimant. If VA does so, however, and the claimant subsequently provides the information within 1 year of the date of the request, VA must readjudicate the claim. (f) Notwithstanding other provisions of this section, if a person becomes eligible for payment of beneficiary travel after the travel takes place, payment may be made if the person applies for travel benefits within 30 days of the date when the person became eligible for travel benefits. … | ||||
| 38:38:2.0.1.1.29.1.360.8 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | A | Subpart A—Beneficiary Travel and Special Mode Transportation Under 38 U.S.C. 111 | § 70.21 Where to apply. | VA | Claimants for beneficiary travel must submit the information required in § 70.20 to the Chief of the Business Office or other designee at the VA medical facility responsible for the medical care or services being provided and for which travel is required. | |||||
| 38:38:2.0.1.1.29.1.360.9 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | A | Subpart A—Beneficiary Travel and Special Mode Transportation Under 38 U.S.C. 111 | § 70.30 Payment principles. | VA | (a) Subject to the other provisions of this section and subject to the deductibles required under § 70.31, VA will pay the following for beneficiary travel by an eligible beneficiary when travel expenses are actually incurred: (1) The per mile rate established by the Secretary for the period of travel for use of privately owned vehicle or the actual cost for use of the most economical common carrier (bus, train, taxi, airplane, etc.), for travel to and from VA or VA-authorized health care subject to the following: (i) Travel by a privately owned vehicle for a compensation and pension examination that is solely for the convenience of the Government (e.g., repeat a laboratory test, redo a poor quality x-ray) may have a different per mile rate if deemed appropriate by the Secretary. (ii) Per mile payment for use of privately owned vehicle may not exceed the cost of such travel by public transportation (even if it is for the convenience of the government) unless determined to be medically necessary. (iii) Payment for a common carrier may not exceed the amount allowed for a privately owned vehicle unless travel by a privately owned vehicle is not reasonably accessible or travel by a common carrier is determined to be medically necessary. (iv) As required by law, each time the Federal government makes a change in mileage rates payable under 5 U.S.C. 5702 and 5704 for Federal employee travel by privately owned vehicle, but not less frequently than annually, the Secretary shall conduct an investigation of the actual costs of travel, including lodging and subsistence. In conducting the investigation, the Secretary shall consult with the Administrator of the General Services Administration, the Secretary of Transportation, the Comptroller General of the United States, and veterans' service organizations. As part of the investigation, the Secretary shall review and consider various factors including vehicle depreciation, State and Federal vehicle taxes and the costs of gasoline, oil, maintenance, accessories, parts, ti… | |||||
| 38:38:2.0.1.1.29.2.360.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | B | Subpart B—Veterans Transportation Service Under 38 U.S.C. 111A | § 70.70 Purpose and definitions. | VA | (a) Purpose. This subpart implements the Veterans Transportation Service (VTS), through which VA transports eligible persons to or from a VA or VA-authorized facility or other place for the purpose of examination, treatment, or care. (b) Definitions. For purposes of this subpart: Attendant has the meaning set forth in § 70.2, and also means an individual traveling with a veteran or servicemember who is eligible for travel under VTS and requires the aid and/or assistance of another person. Eligible person means a person described in § 70.71. Guest means any individual the veteran or servicemember would like to have accompany him or her to an appointment but whose presence is not medically required. Scheduled visit means that a VA beneficiary had an appointment that was made before she or he appeared at a VA, or VA-authorized, facility, or that a VA beneficiary was specifically authorized to appear at such facility on the date of the visit in order to obtain examination, treatment, or care. Examples of scheduled visits include: Regular appointments for examination, treatment, or care; visits to undergo laboratory work; or doctor-recommended visits to clinics with open hours. Unscheduled visit means a visit to a VA, or VA-authorized, facility for purposes of examination, treatment, or care that was not recorded in VA's scheduling system prior to the veteran's visit. For example, an unscheduled visit may be for a simple check of a person's blood pressure, for counseling, or for clinical intervention. | |||||
| 38:38:2.0.1.1.29.2.360.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | B | Subpart B—Veterans Transportation Service Under 38 U.S.C. 111A | § 70.71 Eligibility. | VA | Except as provided in paragraph (j) of this section, VA facilities may provide VTS benefits to the following: (a) Persons eligible for beneficiary travel. All persons eligible for beneficiary travel benefits in § 70.10 are eligible for VTS benefits (however, persons cannot claim benefits under both programs for the same trip or portion of a trip). (b) Enrolled veterans. Regardless of a veteran's eligibility for beneficiary travel, VA may provide VTS to veterans enrolled in VA's health care system who need transportation authorized under § 70.72 for: (1) A scheduled visit or urgent care; (2) Retrieval of, adjustment of, or training concerning medications and prosthetic appliances, or a service dog (as defined in 38 CFR 17.148); (3) An unscheduled visit; or (4) To participate and attend other events or functions, as clinically determined by VA, for the purposes of examination, treatment, or care. (c) Non-enrolled veterans. VA may provide VTS to veterans not enrolled in VA's health care system who need transportation authorized under § 70.72 for: (1) A compensation and pension examination; (2) An unscheduled or walk-in visit; (3) To apply for enrollment or health care benefits; or (4) To participate and attend other events or functions, as clinically determined by VA, for the purposes of examination, treatment, or care. (d) Servicemembers. VA may provide VTS to a member of the Armed Forces (including the National Guard or Reserve) traveling to a VA or VA-authorized facility for VA hospital care or medical services, including examination, treatment or care, a compensation and pension examination, or to enroll or otherwise receive benefits for which they are eligible. (e) Prospective Family Caregivers and Family Caregivers. (1) VA may provide VTS to a prospective Family Caregiver who has applied for designation as a Family Caregiver under 38 CFR 71.25(a) when the travel is for purposes of assessment and training under 38 CFR 71.25(c) and (d). (2) VA may provide VTS to a Family Caregiver (who is… | |||||
| 38:38:2.0.1.1.29.2.360.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | B | Subpart B—Veterans Transportation Service Under 38 U.S.C. 111A | § 70.72 Types of transportation. | VA | The following types of transportation may be provided by VA facilities through VTS: (a) Door-to-door service. VA facilities may use VTS to transport, on a scheduled or unscheduled basis, eligible persons between a VA or VA-authorized facility and their residence or a place where the person is staying. VA facilities may use VTS to transport eligible persons to and from a VA or VA-authorized facility and another location identified by the person when it is financially favorable to the government to do so. (b) Travel to and from designated locations. VA facilities may use VTS to provide transportation between a VA or VA-authorized facility and a designated location in the community on a scheduled basis. (c) Service between VA facilities. VA facilities may use VTS to provide scheduled or unscheduled transportation between VA or VA-authorized health care facilities. This includes travel from one building to another within a single VA campus. (d) Other locations. VA facilities may use VTS to provide scheduled or unscheduled transportation to and/or from a VA or VA-authorized facility or other places when a VA clinician has determined that such transportation of the veteran, servicemember, their attendant(s), or CHAMPVA beneficiary receiving benefits through the CITI program would be needed to promote, preserve, or restore the health of the individual and is in accord with generally accepted standards of medical practice, as defined in 38 CFR 17.38(b). | |||||
| 38:38:2.0.1.1.29.2.360.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 70 | PART 70—VETERANS TRANSPORTATION PROGRAMS | B | Subpart B—Veterans Transportation Service Under 38 U.S.C. 111A | § 70.73 Arranging transportation services. | VA | (a) Requesting VTS. An eligible person may request transportation services by contacting the facility director or designee at the VA facility providing or authorizing the examination, treatment, or care to be delivered. The person must provide the facility director or designee with information necessary to arrange these services, including the name of the person, the basis for eligibility, the name of the veteran or servicemember they are accompanying (if applicable), the time of the appointment (if known), the eligible person's departure location and destination, any special needs that must be accommodated to allow for transportation (e.g., wheelchair, oxygen tank, or service animal as defined in 38 CFR 1.218(a)(11)(viii)), and other relevant information. Transportation services generally will be provided on a first come, first served basis. (b) Travel without a reservation. Eligible persons who have provided the facility director or designee with the information referred to in the previous paragraph may travel without a reservation for the purpose of examination, treatment, or care when, for example: (1) The person is being discharged from inpatient care; (2) The person is traveling for an unscheduled visit, pursuant to a recommendation for such a visit by an attending VA clinician; or (3) The person is being transported to another VA or VA-authorized facility. (c) Determining priority for transportation. When the facility director or designee determines there are insufficient resources to transport all persons requesting transportation services, he or she will assist any person denied VTS in identifying and accessing other transportation options. VTS resources will be allocated using the following criteria, which are to be assessed in the context of the totality of the circumstances, so that no one factor is determinative: (1) The eligible person's basis for eligibility. Enrolled veterans will receive first priority, followed in order by non-enrolled veterans; servicemembers; Family Caregivers; per… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);