# 38 CFR § 3.701: Elections of pension or compensation

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-38-3.701

## Section

- **Citation:** 38 CFR § 3.701
- **Heading:** Elections of pension or compensation
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 38—Pensions, Bonuses, and Veterans' Relief > CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS > PART 3—ADJUDICATION > Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation > Concurrent Benefits and Elections

## Text

(a) General. Except as otherwise provided, a person entitled to receive pension or compensation under more than one law or section of a law administered by the Department of Veterans Affairs may elect to receive whichever benefit, regardless of whether it is the greater or lesser benefit, even though the election reduces the benefits payable to his or her dependents. Such person may at any time elect or reelect the other benefit. An election by a veteran controls the rights of all dependents in that case. An election by a surviving spouse controls the claims of all children including children over 18 and children not in the custody of the surviving spouse. The election of improved pension by a surviving spouse, however, shall not prejudice the rights of any child receiving an apportionment on December 31, 1978. Termination of a marriage or marital relationship which had been the reason for terminating an award of section 306 or old-law pension does not restore to the surviving spouse the right to receive section 306 or old-law pension. The claimant's entitlement, if otherwise established, is under the current provisions of 38 U.S.C. 1541.
(Authority: 38 U.S.C. 501)
(b) Form of election. An election must be in writing and must specify the benefit the person wishes to receive.
(c) Change from one law to another. Except as otherwise provided, where payments of pension or compensation are being made to a person under one law, the right to receive benefits under another law being in suspension, and a higher rate of pension or compensation becomes payable under the other law, benefits at the higher rate will not be paid for any date prior to the date of receipt of an election.
[26 FR 1602, Feb. 24, 1961, as amended at 36 FR 12618, July 2, 1971; 44 FR 45943, Aug. 6, 1979; 79 FR 57697, Sept. 25, 2014]

## Nearby sections

- [38 CFR § 3.1 § 3.1 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-38-3.1.md)
- [38 CFR § 3.2 § 3.2 Periods of war.](https://www.frixlaw.com/law-library/statutes/ecfr-38-3.2.md)
- [38 CFR § 3.3 § 3.3 Pension.](https://www.frixlaw.com/law-library/statutes/ecfr-38-3.3.md)
- [38 CFR § 3.4 § 3.4 Compensation.](https://www.frixlaw.com/law-library/statutes/ecfr-38-3.4.md)
- [38 CFR § 3.5 § 3.5 Dependency and indemnity compensation.](https://www.frixlaw.com/law-library/statutes/ecfr-38-3.5.md)
- [38 CFR § 3.6 § 3.6 Duty periods.](https://www.frixlaw.com/law-library/statutes/ecfr-38-3.6.md)
- [38 CFR § 3.7 § 3.7 Individuals and groups considered to have performed active military, naval, air, or space service.](https://www.frixlaw.com/law-library/statutes/ecfr-38-3.7.md)
- [38 CFR § 3.10 § 3.10 Dependency and indemnity compensation rate for a surviving spouse.](https://www.frixlaw.com/law-library/statutes/ecfr-38-3.10.md)
- [38 CFR § 3.11 § 3.11 Homicide.](https://www.frixlaw.com/law-library/statutes/ecfr-38-3.11.md)
- [38 CFR § 3.12 § 3.12 Benefit eligibility based on character of discharge.](https://www.frixlaw.com/law-library/statutes/ecfr-38-3.12.md)
- [38 CFR § 3.12a § 3.12a Minimum active-duty service requirement.](https://www.frixlaw.com/law-library/statutes/ecfr-38-3.12a.md)
- [38 CFR § 3.13 § 3.13 Discharge to change status.](https://www.frixlaw.com/law-library/statutes/ecfr-38-3.13.md)
- [38 CFR § 3.14 § 3.14 Validity of enlistments.](https://www.frixlaw.com/law-library/statutes/ecfr-38-3.14.md)
- [38 CFR § 3.15 § 3.15 Computation of service.](https://www.frixlaw.com/law-library/statutes/ecfr-38-3.15.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-38-3.701. Check the current official text before relying on it. Not legal advice.