PREC 18-95    Termination Date in computing Past-Due Benefits     Citation: Vet. Aff. Op. Gen Couns. Prec. 18-95, VAOPGCPREC 18-95, 1995

QUESTION PRESENTED:

Is the Department of Veterans Affairs’ (VA) definition of “past-due benefits” in 38 C.F.R. § 20.609(h)(3) inconsistent with the governing statutory provisions in 38 U.S.C.

§ 5904(d)(3)?

HELD:

The definition of “past-due benefits” in 38 C.F.R.

§ 20.609(h)(3) is consistent with the provisions of

38 U.S.C. § 5904(d)(3).  Further, because the language of section 5904(d)(3) may reasonably be construed to prohibit counting as past-due benefits any amounts payable after the

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date of the decision making, or ordering the making of, the award, we believe that the regulatory amendment sought by petitioner would be inconsistent with the statute.