§ 70.20. Application.
449 words·~2 min read·
/us/cfr/t38/s§ 70.20·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. This amendment was further delayed until Feb. 16, 2029, at 89 FR 88888, Nov. 12, 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.
(g)The date of an application for beneficiary travel is the postmark date, if mailed; or the date of submission if hand delivered, provided by electronic means, or provided orally. (The Office of Management and Budget has approved the information collection requirement in this section under control number 2900-0798) (Authority: 38 U.S.C. 101, 111, 501, 1701, 1714, 1720, 1728, 1782, 1783, E.O. 11302) \[73 FR 36798, June 30, 2008, as amended at 89 FR 11730, Feb. 15, 2024\]
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