veteran and entitlement is shown, date of receipt by the Veterans Administration of examination reports, clinical records, and transcripts of records will be accepted as the date of receipt of a claim if received from State, county, municipal, recognized private institutions, or other Government hospitals. These records must be authenticated by an appropriate official of the institution. Benefits will be granted if the records are adequate for rating purposes; otherwise findings will be verified by official examination. Reports received from private institutions not listed by the American Hospital Association must be certified by the Chief Medical Officer of the Veterans Administration or his physician designee.

§3.158 Abandoned claims.

(a) General. Where evidence requested in connection with an original claim, a claim for increase or to reopen or for the purpose of determining continued entitlement is not furnished within 1 year after the date of request, the claim will be considered abandoned. After the expiration of 1 year, further action will not be taken unless a new claim is received. Should the right to benefits be finally established, pension, compensation, or dependency and indemnity compensation based on such evidence shall commence not earlier than the date of filing the new claim.

(b) Veterans Administration examinations. Where the veteran fails without adequate reason to respond to an order to report for Veterans Administration examination within 1 year from the date of request and payments have been discontinued, the claim for such benefits will be considered abandoned.

(c) Disappearance. Where payments of pension, compensation, or dependency and indemnity compensation have not been made or have been discontinued because a payee's present whereabouts is unknown for a period of 1 year or more, payments will not be made for any period prior to the date the evidence showing the payee's present whereabouts is re

The following definitions are applicable to claims for pension, compensation, and dependency and indemnity compensation.

(a) Informal claim. See § 3.155,

(b) Original claim. An initial formal application on a form prescribed by the Administrator (See §§ 3.151, 3.152).

(c) Pending claim. An application, formal or informal, which has not been finally adjudicated.

(d) Finally adjudicated claim. An application, formal or informal, which has been allowed or disallowed by the agency of original jurisdiction, the action having become final by the expiration of 1 year after the date of notice of an award or disallowance, or by denial on appellate review, whichever is the earlier. See § 3.104(c).

(e) Reopened claim. Any application for a benefit received after final disallowance of an earlier claim.

(f) Claim for increase. Any application for an increase in rate of a benefit being paid under a current award, or for resumption of payments previously discontinued.

[27 F.R. 11887, Dec. 1, 1962]

EVIDENCE REQUIREMENTS

§ 3.200 Testimony certified or under oath.

(a) Claimants and witnesses in their behalf will be duly sworn before presenting oral testimony before any rating, authorization, or appellate body.

(b) All written testimony submitted by the claimant or in his behalf for the purpose of establishing a claim for service connection will be certified or under oath. This includes records, examination reports and transcripts material to the issue received by the Veterans Administration at the instance of the claimant or in his behalf or requested by the Veterans Administration from

state, county, municipal, recognized private institutions, and contract hospitals. §3.201 Exchange of evidence; Social Security and Veterans Administration.

(a) Evidence received in the Social Security Administration in support of a claim filed on or after January 1, 1957, for benefits under Title II of the Social Security Act will be considered to have been received in the Veterans Administration as of the date of receipt in the Social Security Administration. Where such evidence is needed in a claim for dependency and indemnity compensation, a copy or certification will be requested from the Social Security Administration.

(b) A copy or certification of evidence filed in the Veterans Administration in support of a claim for dependency and indemnity compensation will be furnished the Social Security Administration upon request from the agency. (38 U.S.C. 3005)

CROSS REFERENCE: Claims filed with Social Security. See § 3.153.

§ 3.202 Evidence from foreign countries. (a) Except as provided in paragraph (b) of this section, where an affidavit or other document is executed by or before an official in a foreign country, the signature of that official must be authenticated by a United States Consular Officer in that jurisdiction or by the State Department. Where the United States has no consular representative in a foreign country, such authentication may be made as follows:

(1) By a consular agent of a friendly government whereupon the signature and seal of the official of the friendly government may be authenticated by the State Department; or

(2) By the nearest American consul who will attach a certificate showing the result of his investigation concerning its authenticity.

(b) Authentication will not be required:

(1) On documents approved by the Deputy Minister of Veterans Affairs, Department of Veterans Affairs, Ottawa, Canada; or

(2) When it is indicated that the attesting officer is authorized to administer oaths for general purposes and the document bears his signature and seal;

or

(3) When the document is executed before a Veterans Administration employee authorized to administer oaths;

or

(4) When a copy of a public or church record from any foreign country purports to establish birth, marriage, divorce, or death provided it bears the signature and seal of the custodian of such record and there is no conflicting evidence in the file which would serve to create doubt as to the correctness of the record; or

(5) When a copy of the public or church record from one of the countries comprising the United Kingdom, namely: England, Scotland, Wales, or Northern Ireland, purports to establish birth, marriage, or death, provided it bears the signature or seal or stamp of the custodian of such record and there is no evidence which would serve to create doubt as to the correctness of the records; or

(6) When affidavits prepared in the Republic of the Philippines are certified by a Veterans Administration representative located in the Philippines having authority to administer oaths.

CROSS REFERENCE: State Department as agent of Veterans Administration. See § 3.108.

§ 3.203

Service records as evidence of service and discharge.

(a) For the purpose of establishing entitlement to pension, compensation, dependency and indemnity compensation or burial allowance, facts shown on any one of the following documents will be accepted without verification unless there is some reason to question the genuineness of the document or the accuracy of the information contained therein:

(1) Certificate of discharge, Department of Defense Form 214 or equivalent. (2) Authoritative notice from the service department as to the facts of such discharge.

(3) Any copy or abstract of the certificate of discharge certified by a notary public or other official having authority under the law to administer oaths.

(b) The evidence enumerated in paragraph (a) of this section will be accepted as establishing the period of creditable wartime service of a veteran for pension purposes where case file evidence shows: (1) Service of 9 months or more; (2) Discharge for disability incurred in line of duty;

(3) Ninety days creditable service based on records from the service department such as hospitalization for 90 days for a line of duty disability.

Where there is no such evidence, specific request will be made of the service department for a complete statement of service showing the time spent on an industrial, agricultural, or indefinite furlough and time lost on absence without leave (without pay), under arrest (without acquittal), in desertion, and while undergoing sentence of courtmartial.

[26 F.R. 4328, May 18, 1961]

(a) Marriage or birth. The classes of evidence to be requested for the purpose of establishing marriage, age, or relationship are indicated in §§ 3.205 and 3.209 in the order of preference. Failure to furnish the higher class, however, does not preclude the acceptance of a lower class if the evidence furnished is sufficient to prove the point involved.

(b) Marriage, birth, or death. A certified copy or abstract of a record referred to in §§ 3.205, 3.209, and 3.211, which is not certified over the signature and official seal of the person having custody of the record, will be accepted nevertheless if:

(1) The person having custody of the record has no official seal, and the copy or abstract bears his signature and is either sworn to by him or is on a blank printed especially for that purpose; or

(2) The copy is made by a field examiner or other employee of the Veterans Administration who is authorized to administer oaths.

(c) Photostats. Photostats of original documents or of certified copies of records will be acceptable if the original would be acceptable.

§ 3.205 Marriage.

Marriage

(a) Proof of marriage. should be established by one of the following types of evidence:

(1) Copy of the public record of marriage, certified or attested, or by an abstract of the public record, containing sufficient data to identify the parties, the date and place of the marriage, and the number of prior marriages by either party if shown on the official record, issued by the officer having custody of the record or one authorized to act for him, bearing the seal of such office, or other

wise properly identified, or a certified copy of the church record of marriage.

(2) Official report from service department as to marriage which occurred while the veteran was in service.

(3) The affidavit of the clergyman or magistrate who officiated.

(4) The original certificate of marriage accompanied by proof of its genuineness and the authority of the person to perform the marriage.

(5) The affidavits or certified statements of two or more eyewitnesses to the ceremony.

(6) In jurisdictions where marriages other than by ceremony are recognized the affidavits or certified statements of one or both of the parties to the marriage, if living, setting forth all of the facts and circumstances concerning the alleged marriage, such as the agreement between the parties at the beginning of their cohabitation, the period of cohabitation, places and dates of residences, and whether children were born as the result of the relationship. This evidence should be supplemented by affidavits or certified statements from two or more persons who know as the result of personal observation the reputed relationship which existed between the parties to the alleged marriage including the periods of cohabitation, places of residences, whether the parties held themselves out as husband and wife, and whether they were generally accepted as such in the communities in which they lived.

(7) Any other secondary evidence which reasonably supports a belief by the Adjudicating activity that a valid marriage actually occurred.

(b) Valid marriage. In the absence of conflicting information, proof of marriage which meets the requirements of paragraph (a) of this section together with the claimant's certified statement concerning the date, place and circumstances of dissolution of any prior marriage may be accepted as establishing a valid marriage, except in a case involving a Mexican divorce, provided that such facts, if they were to be corroborated by record evidence, would warrant acceptance of the marriage as valid. Where necessary to a determination because of conflicting information, proof of termination of a prior marriage will be shown by proof of death, or a certified copy or a certified abstract of final decree of divorce or annulment specifically

reciting the effects of the decree. (See § 3.206.)

(c) Marriages deemed valid. In a widow's claim where she has submitted proof of marriage in accordance with paragraph (a) of this section and also meets the requirements of § 3.52, her signed statement that she had no knowledge of an impediment to her marriage to the veteran will be accepted, in the absence of information to the contrary, as proof of that fact.

CROSS REFERENCES: Marriages deemed valid. See §3.52. Definitions; marriage. See § 3.1(j).

CODIFICATION: §3.205 was amended 27 F.R. 6281, July 3, 1962 in the following respects:

1. In paragraph (a), subparagraphs (5) and (6) were amended and subparagraph (7) added.

2. Paragraphs (b) and (c) were amended. 3. Cross references amended.

§ 3.206 Divorce.

Divorce should be established by a certified copy, or a certified abstract, of the final decree, specifically reciting the effect of the judgment. A divorce decree, regular on its face and granted either within or without the matrimonial domicile, will be accepted for pension, compensation, or dependency and indemnity compensation purposes in determining marital status unless there is a protest or there is other reason for further inquiry; e.g., a divorce granted in Mexico, which jurisdiction does not normally require bona fide domicile, is routinely subject to inquiry. In cases where recognition of the decree is questionable:

(a) Where the issue is whether the veteran is single or married (dissolution of a subsisting marriage), there must be a bona fide domicile in addition to the standards of the granting jurisdiction respecting validity of divorce;

(b) Where the issue is the validity of marriage to a veteran following a divorce, the matter of recognition of the divorce by Veterans Administration (including any question of bona fide domicile) will be determined according to the laws of the jurisdictions specified in § 3.1 (j).

[27 F.R. 6281, July 3, 1962]

(c) A transcript of the testimony, or the court's findings of fact and conclusions of law, if available; and

(d) The court decree of annulment. [27 F.R. 1899, Feb. 28, 1962]

§ 3.208 Claims based on attained age.

In claims for pension where the age of the veteran or widow is material, the statements of age will be accepted where they are in agreement with other statements in the record as to age. However, where there is a variance in such records, the youngest age will be accepted subject to the submission of evidence as outlined in § 3.209.

Age or relationship should be established by one of the following types of evidence: Provided, That, if the name of the person appearing on the copy of a record is not the same as that appearing on the records of the Veterans Administration, an affidavit or a certified statement will be required identifying the person having the changed name as the person whose name appears in the record:

[Introductory paragraph amended, 27 F.R. 1899, Feb. 28, 1962]

(a) A copy or abstract of the public record of birth, certified by the custodian of such records. Such a record established more than 4 years after the birth will be accepted as proof of age or relationship if, it is not inconsistent with material of record with the Veterans Administration, or if it shows on its face that it is based upon evidence which would be acceptable under this section. (b) A copy of the church record of baptism, certified by the custodian of such records. Such a record of baptism performed more than 4 years after birth will not be accepted as proof of age or relationship unless it is consistent with material of record with the Veterans Administration, which will include at least one reference to age or relationship made at a time when such reference was not essential to establishing entitlement to the benefit claimed.

(c) Official report from the service department as to birth which occurred while the veteran was in service.

(d) Affidavit or a certified statement of the physician or midwife in attendance at birth.

[Paragraph (d) amended, 27 F.R. 1899, Feb. 28, 1962]

(e) Copy of Bible or other family record certified to by a notary public or other officer with authority to administer oaths, who should state in what year the Bible or other book in which the record appears was printed, whether the record bears any erasures or other marks of alteration, and whether from the appearance of the writing he believes the entries to have been made at the time purported.

(f) Affidavits or certified statements of two or more persons, preferably disinterested, who will state their ages, showing the name, date, and place of birth of the person whose age or relationship is being established, and that to their own knowledge such person is the child of such parents (naming the parents) and stating the source of their knowledge.

[Paragraph (f) amended, 27 F.R. 1899, Feb. 28, 1962]

(g) Other evidence which is adequate to establish the facts in issue, including census records, original baptismal records, hospital records, insurance policies, school, employment, immigration, or naturalization records.

CROSS REFERENCE: Secondary evidence. See 3.204.

§ 3.210 Child's relationship.

(a) Legitimate child. Where it is necessary to determine the legitimacy of a child, evidence will be required to establish the legality of the marriage of the mother of the child to the veteran or to show that the child is otherwise legitimate by State laws together with evidence of birth as outlined in § 3.209. Where the legitimacy of a child is not a factor, evidence to establish legitimacy will not be required: Provided, That, evidence is on file which meets the requirements of paragraph (b) of this section sufficient to warrant recognition of the relationship of the child without regard to legitimacy.

(b) Illegitimate child. (1) As to the mother of an illegitimate child, proof of birth is all that is required. As to the

father, proof of relationship of an illegitimate child will consist of:

(i) An acknowledgment in writing signed by him; or

(ii) Evidence that he has been judicially ordered or decreed to contribute to the child's support; or

(iii) Evidence that the veteran has been, prior to his death, judicially decreed to be the putative father of the child; or

(iv) Other satisfactory evidence that the veteran is the putative father of the child, which may include but is not limited to:

(a) A certified copy of the public record of birth showing that the veteran was named as father of the child.

(b) Statements of persons who know that the veteran accepted the child as his; or

(c) Information obtained from public records, such as school or welfare agencies, which shows that the veteran was reputed to be the father of the child.

(2) The sufficiency of evidence will be determined in accordance with the facts in the individual case.

or

(3) When none of the evidence outlined in subparagraph (1) (i), (ii), (iii) of this paragraph has been submitted and evidence is on file which is considered adequate to establish the reputed paternity of an illegitimate child as contemplated by subparagraph (1) (iv) of this paragraph, the determination will be made by an official authorized to approve such determinations.

(c) Adopted child. Except as provided in subparagraph (1) of this paragraph evidence of relationship will include a certified copy of the final decree of adoption and such other evidence as may be necessary.

(1) In jurisdictions where petition must be made to the court for release of adoption documents or information, or where release of such documents or information is prohibited, the following may be accepted to establish the fact of adoption:,

(i) As to a child adopted into the veteran's family, a certified copy of the child's revised birth certificate.

(ii) As to a child adopted out of the veteran's family, a statement over the signature of the judge or the clerk of the court setting forth the child's former name and the date of adoption, or a certified statement by the veteran, his widow, apportionee, or their fiduciaries