§ 17.34. Tentative eligibility determinations.
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/us/cfr/t38/s§ 17.34·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to the provisions of §§ 17.36 through 17.38, when an application for hospital care or other medical services, except outpatient dental care, has been filed which requires an adjudication as to service connection or a determination as to any other eligibility prerequisite which cannot immediately be established, the service (including transportation) may be authorized without further delay if it is determined that eligibility for care probably will be established. Tentative eligibility determinations under this section, however, will only be made if:
(a)In emergencies. The applicant needs hospital care or other medical services in emergency circumstances, or
(b)Based on discharge. The application is filed within 6 months after date of discharge under conditions other than dishonorable, and for a veteran who seeks eligibility based on a period of service that began after September 7, 1980, the veteran must meet the applicable minimum service requirements under 38 U.S.C. 5303A. (Authority: 38 U.S.C. 501, 5303A) \[35 FR 6586, Apr. 24, 1970. Redesignated at 61 FR 21965, May 13, 1996, as amended at 64 FR 54212, Oct. 6, 1999; 78 FR 28142, May 14, 2013\]
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- 38 USC 5303A
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