[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR9.1]

[Page 519-521]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 9_SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP
 
Sec. 9.1  Definitions.

    The following definitions are in addition to those definitions in 38 
U.S.C. 101 and 1965:
    (a) The term policy means Group Policy No. G-32000, which was 
effective September 29, 1965, purchased from the

[[Page 520]]

insurer pursuant to 38 U.S.C. 1966, executed and attested on December 
30, 1965, and amended thereafter.
    (b) The term administrative office means the Office of 
Servicemembers' Group Life Insurance located at 290 W. Mt. Pleasant 
Avenue, Livingston, New Jersey 07039.
    (c) The term insurer means the commercial life insurance company or 
companies selected under 38 U.S.C. 1966 to provide insurance coverage 
specified in the policy.
    (d) The term reinsurer means any life insurance company meeting all 
the criteria set forth in Sec. 9.10 which reinsures a portion of the 
total amount of insurance covered by the policy and issues individual 
life insurance policies to members under the provisions of 38 U.S.C. 
1968(b) and 1977(e).
    (e) The term converter means any life insurance company meeting all 
the criteria set forth in Sec. 9.10 which issues individual life 
insurance policies to members under the provisions of 38 U.S.C. 1968(b) 
and 1977(e).
    (f) The term coverage means Servicemembers' Group Life Insurance or 
Veterans' Group Life Insurance payable while the member is insured under 
the policy.
    (g) The term termination of duty means (1) In the case of active 
duty or active duty for training being performed under a call or order 
that does not specify a period of less than 31 days-discharge, release 
or separation from such duty.
    (2) In the case of other duty--the member's release from his or her 
obligation to perform any duty in his or her uniformed service (active 
duty, or active duty for training or inactive duty training) whether 
arising from limitations included in a contract of enlistment or similar 
form of obligation or arising from resignation, retirement or other 
voluntary action by which the obligation to perform such duty ceases.
    (h) The term break in service means the situation(s) in which: (1) A 
member terminates duty or obligation to perform duty in one service and 
enters on duty or assumes the obligation to perform duty in another 
uniformed service, regardless of the length of time intervening.
    (2) A member reenters on duty or resumes an obligation to perform 
duty as a Reserve in the same uniformed service and 1 calendar day or 
more has elapsed following termination of the prior period of duty or 
obligation to perform duty.
    (i) The term disability means any type of injury or disease whether 
mental or physical.
    (j) The term total disability means any impairment of mind or body 
which continuously renders it impossible for the insured to follow any 
substantially gainful occupation. Without prejudice to any other cause 
of disability, the permanent loss of the use of both feet, of both 
hands, or of both eyes, or of one foot and one hand, or of one foot and 
one eye, or of one hand and one eye, or the total loss of hearing of 
both ears, or the organic loss of speech shall be deemed to be total 
disability. Organic loss of speech will mean the loss of the ability to 
express oneself, both by voice and whisper, through the normal organs of 
speech if such loss is caused by organic changes in such organs. Where 
such loss exists, the fact that some speech can be produced through the 
use of an artificial appliance or other organs of the body will be 
disregarded.
    (k) The term inability to carry out activities of daily living means 
the inability to independently perform at least two of the six following 
functions:
    (1) Bathing.
    (2) Continence.
    (3) Dressing.
    (4) Eating.
    (5) Toileting.
    (6) Transferring in or out of a bed or chair with or without 
equipment.
    (l) The term pyogenic infection means a pus-producting infection.
    (m) The term contaminated substance means food or water made unfit 
for consumption by humans because of the presence of chemicals, 
radioactive elements, bacteria, or organisms.
    (n) The term chemical weapon means chemical substances intended to 
kill, seriously injure, or incapacitate humans through their 
physiological effects.
    (o) The term biological weapon means biological agents or 
microorganisms

[[Page 521]]

intended to kill, seriously injure, or incapacitate humans through their 
physiological effects.
    (p) The term radiological weapon means radioactive materials or 
radiation-producing devices intended to kill, seriously injure, or 
incapacitate humans through their physiological effects.
    (q) The term attending medical professional means a licensed 
physician, optometrist, nurse practitioner, registered nurse, or 
physician assistant.


(Authority: 38 U.S.C. 501(a), 1980A)

[40 FR 4135, Jan. 28, 1975, as amended at 53 FR 17698, May 18, 1988; 61 
FR 20135, May 6, 1996; 67 FR 52413, Aug. 12, 2002; 70 FR 75946, Dec. 22, 
2005]