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  <FDSYS>
    <CFRTITLE>38</CFRTITLE>
    <CFRTITLETEXT>Pensions, Bonuses, and Veterans' Relief</CFRTITLETEXT>
    <VOL>1</VOL>
    <DATE>2003-07-01</DATE>
    <ORIGINALDATE>2003-07-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>Prescriptions filled.</TITLE>
    <GRANULENUM>17.96</GRANULENUM>
    <HEADING>Section 17.96</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 38" SEQ="3">Pensions, Bonuses, and Veterans' Relief</PARENT>
      <PARENT HEADING="CHAPTER I" SEQ="2">DEPARTMENT OF VETERANS AFFAIRS</PARENT>
      <PARENT HEADING="PART 17" SEQ="1">MEDICAL</PARENT>
      <PARENT HEADING="" SEQ="0">Outpatient Treatment</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SECTION>
    <SECTNO>§ 17.96</SECTNO>
    <SUBJECT>Prescriptions filled.</SUBJECT>
    <P>Any prescription, which is not part of authorized Department of Veterans Affairs hospital or outpatient care, for drugs and medicines ordered by a private or non-Department of Veterans Affairs doctor of medicine or doctor of osteopathy duly licensed to practice in the jurisdiction where the prescription is written, shall be filled by a Department of Veterans Affairs pharmacy or a non-VA pharmacy in a state home under contract with VA for filling prescriptions for patients in state homes, provided:</P>
    <P>(a) The prescription is for:</P>
    <P>(1) A veteran who by reason of being permanently housebound or in need of regular aid and attendance is in receipt of increased compensation under 38 U.S.C. chapter 11, or increased pension under § 3.1(u) (Section 306 Pension) or § 3.1(w) (Improved Pension), of this title, as a veteran of the Mexican Border Period, World War I, World War II, the Korean Conflict, or the Vietnam Era (or, although eligible for such pension, is in receipt of compensation as the greater benefit), or</P>

    <P>(2) A veteran in need of regular aid and attendance who was formerly in receipt of increased pension as described in paragraph (a)(1) of this section whose pension has been discontinued solely by reason of excess income, but only so long as such veteran's annual income does not exceed the maximum annual income limitation by more than $1,000, and<PRTPAGE P="632"/>
    </P>
    <P>(b) The drugs and medicines are prescribed as specific therapy in the treatment of any of the veteran's illnesses or injuries.</P>
    <SECAUTH>(Authority: 38 U.S.C. 1712 (d))</SECAUTH>
    <CITA>[32 FR 13816, Oct. 4, 1967, as amended at 36 FR 4782, Mar. 12, 1971; 45 FR 6937, Jan. 31, 1980; 47 FR 58249, Dec. 30, 1982. Redesignated at 61 FR 21965, May 13, 1996, as amended at 63 FR 37780, July 14, 1998]</CITA>
  </SECTION>
</CFRGRANULE>
