[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR21.32]

[Page 121-122]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 21--VOCATIONAL REHABILITATION AND EDUCATION--Table of Contents
 
     Subpart A--Vocational Rehabilitation Under 38 U.S.C. Chapter 31
 
Sec. 21.32  Time limit.

    (a) Time limit for filing evidence. The provisions of this paragraph 
are applicable to an original application, formal or informal, for 
rehabilitation or employment assistance and to a claim for increased 
benefits by reason of the existence of a dependent.
    (1) If a claimant's application is incomplete, the claimant will be 
notified of the evidence necessary to complete the application;
    (2) If the evidence is not received within 1 year from the date of 
such notification, benefits may not be paid by reason of that 
application.
    (b) Failure to furnish claim or notice of time limit. The failure of 
VA to furnish a claimant:
    (1) Any form or information concerning the right to file a claim or 
to furnish notice of the time limit for the filing of a claim is not a 
basis for adjusting the periods allowed for these actions;
    (2) Appropriate notice of time limits within which evidence must be 
submitted to perfect a claim shall result in an adjustment of the period 
during which the time limit runs. The period during which the time limit 
runs shall be determined in accordance with paragraph (c) of this 
section. As to appeals see Sec. 19.129 of this chapter.


(Authority: (38 U.S.C. 5113))

    (c) Adjustment of time limit. (1) In computing the time limit for 
any action required of a claimant or beneficiary to perfect the types of 
claims described in paragraph (a) of this section, the first day of the 
specified period will be excluded and the last day included. This rule 
is applicable in cases in which the time limit expires on a workday. 
Where the time limit would expire on a Saturday, Sunday, or holiday, the 
next succeeding workday will be included in the computation.
    (2) The period during which the veteran must provide information 
necessary to perfect his or her claim does not begin to run until the 
veteran has been notified of this requirement for submission of 
information. The date of the letter of notification informing the 
veteran of the action required and the time limit for accomplishing the 
action shall be ``The first day of the specified period'' referred to in 
paragraph (c)(1) of this section.


(Authority: 38 U.S.C. 5101, 5113)

    Cross-Reference: Due Process. See Sec. 3.103.

[49 FR 40814, Oct. 18, 1984, as amended at 55 FR 12821, Apr. 6, 1990]

[[Page 122]]

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