“[W]hether the part of 38 C.F.R. § 3.654(b)(2) (regulation 3.654(b)(2)), limiting the resumption of payment of disability benefits to ‘the day following release from active duty if [a] claim for recommencement of payments is received within 1 year from the date of such release,’ is a valid exercise of the Secretary’s general rulemaking authority under 38 U.S.C. § 501(a) when: (1) the regulation conflicts with relevant statutes, which do not impose a one-year claim requirement that may result in disability compensation forfeiture . . . and (2) the regulation’s one-year claim requirement and resulting forfeiture do nothing to prevent duplication of disability compensation during periods of active service, the stated purpose of section 5304(c).”
“Because the Veterans Court recognized the statutory gap and afforded the VA’s regulation appropriate deference, we affirm.”
