user convenience only and is not intended to alter agency intent Chapter I. 4.28 Prestabilization rating from date of discharge from service. 4.96 Special provisions regarding evaluation of respiratory conditions. The maximum rate, as a result of including helplessness as one of the entitling multiple disabilities, is intended to cover, in addition to obvious losses and blindness, conditions such as the loss of use of two extremities with absolute deafness and nearly total blindness or with severe multiple injuries producing total disability outside the useless extremities, these conditions being construed as loss of use of two extremities and helplessness. (1) For a veteran who was receiving or entitled to receive compensation for tuberculosis on August 19, 1968, the minimum monthly rate is $67. The assistance may be done by the person's own hands or arms, and, in the matter of postural stability, by a special appliance. 4.130 Schedule of ratings - Mental disorders. 1114 (m) and (n). 4.17 Total disability ratings for pension based on unemployability and age of the individual. The following state regulations pages link to this page. 1114 (l) and (m). 1114(r). FindLaw Codes may not reflect the most recent version of the WebTitle 38. (v) Blindness in both eyes having only light perception or less, or rated under subparagraph (2)(iii) of this paragraph, when accompanied by bilateral deafness (and the hearing impairment in either one or both ears is service-connected) rated at 10 or 20 percent disabling, will afford entitlement to the next higher intermediate rate, or if the veteran is already entitled to an intermediate rate, to the next higher statutory rate under 38 U.S.C. In addition to the statutory rates payable under 38 U.S.C. Featured or trusted partner programs a. 1114 (o) or (p), or was based on an independent factual determination. A separate drafting site An operation is not considered to be one of election where it is advised on sound medical judgment for the relief of a pathological condition or to prevent possible future pathological consequences. 4.87a Schedule of ratings - other sense organs. 4.22 Rating of disabilities aggravated by active service. 4.129 Mental disorders due to traumatic stress. 1114 (l) through (n) or the intermediate rate provisions outlined above. 1114(o) is payable for any of the following conditions: (i) Anatomical loss of both arms so near the shoulder as to prevent use of a prosthetic appliance; (ii) Conditions entitling to two or more of the rates (no condition being considered twice) provided in 38 U.S.C. WebU.S. (4) Permanently bedridden. The special monthly compensation provided by 38 U.S.C. (xii) Anatomical loss or loss of use of one arm at a level, or with complications, preventing natural elbow action with prosthesis in place with anatomical loss of one arm so near the shoulder as to prevent use of a prosthetic appliance, shall entitle to the rate between 38 U.S.C. You may provi (3) Eyes, bilateral. (d) Ratings under 38 U.S.C. 4.75 General considerations for evaluating visual impairment. With visual acuity 5/200 or less or the vision field reduced to 5 degree concentric contraction in both eyes, entitlement on account of need for regular aid and attendance will be determined on the facts in the individual case. (i) Where the multiple loss or loss of use entitlement to a statutory or intermediate rate between 38 U.S.C. In determining whether there is natural elbow or knee action with prosthesis in place, consideration will be based on whether use of the proper prosthetic appliance requires natural use of the joint, or whether necessary motion is otherwise controlled, so that the muscles affecting joint motion, if not already atrophied, will become so. 4.75 General considerations for evaluating visual impairment. Appendix A to Part 4 - Table of Amendments and Concentric contraction of the field of vision beyond 5 degrees in both eyes is the equivalent of 5/200 visual acuity. Pensions, Bonuses, and Veterans' Relief, https://codes.findlaw.com/cfr/title-38-pensions-bonuses-and-veterans-relief/cfr-pt-38-4-app-c/, Read this complete Code of Federal Regulations Title 38. Pensions, Bonuses, and Veterans' Relief. 4.86 Exceptional patterns of hearing impairment. (iii) Blindness of one eye having only light perception and anatomical loss of, or blindness having no light perception in the other eye, will entitle to a rate between 38 U.S.C. The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. Title 38. (2) Natural elbow or knee action. 1114(r) -. Suscrbete a nuestro boletin de noticias. WebElectronic Code of Federal Regulations (e-CFR) Title 38 - Pensions, Bonuses, and Veterans' Relief; CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS; 7202 1114(t) shall be paid in lieu of any allowance authorized by 38 U.S.C. switch to drafting.ecfr.gov. Use the navigation links in the gray bar above to view the table of contents that this content belongs to. 1114(m). 1114 (l) and (o) is caused by the same etiological disease or injury, that disease or injury may not serve as the basis for the independent 50 percent or 100 percent unless it is so rated without regard to the loss or loss of use. Nomenclature changes to part 3 appear at 61 FR 7216, Feb. 27, 1996; 62 FR 35970, July 3, 1997; 62 FR 47532, Sept. 9, 1997; and 67 FR 46868, July 17, 2002. If, however, the operation after discharge was required for the correction of a specific injury caused by a preceding operation in service, it will support authorization of the benefit. (vi) Blindness in both eyes rated under 38 U.S.C. 1155, unless otherwise noted. 1114 (m) and (n). You can learn more about the process formatting. 1114(m) is payable for any of the following conditions: (i) Anatomical loss or loss of use of both hands; (ii) Anatomical loss or loss of use of both legs at a level, or with complications, preventing natural knee action with prosthesis in place; (iii) Anatomical loss or loss of use of one arm at a level, or with complications, preventing natural elbow action with prosthesis in place with anatomical loss or loss of use of one leg at a level, or with complications, preventing natural knee action with prosthesis in place; (iv) Blindness in both eyes having only light perception; (v) Blindness in both eyes leaving the veteran so helpless as to be in need of regular aid and attendance. WebeCFR :: 38 CFR 4.130 -- Schedule of ratings - Mental disorders. (iv) Blindness in both eyes with visual acuity of 5/200 or less, or blindness in both eyes rated under subparagraph (2) (i) or (ii) of this paragraph, when accompanied by service-connected total deafness in one ear, will afford entitlement to the next higher intermediate rate of if the veteran is already entitled to an intermediate rate, to the next higher statutory rate under 38 U.S.C. Part / Section. There were two no votes. Contact us. 1114, but in no event higher than the rate for (o). information or personal data. 1114(r)(1). A single evaluation will be assigned under the diagnostic code which reflects the predominant disability picture, with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. 1114(r)(1). 4.115b Ratings of the genitourinary system - diagnoses. 4.42 Complete medical examination of injury cases. Lines 38 and 127 were also amended to address the good standing of the license of the APRN and physicians assistant. result, it may not include the most recent changes applied to the CFR. (i) Loss of use of both buttocks shall be deemed to exist when there is severe damage by disease or injury to muscle group XVII, bilateral, (diagnostic code 5317) and additional disability making it impossible for the disabled person, without assistance, to rise from a seated position and from a stooped position (fingers to toes position) and to maintain postural stability (the pelvis upon head of femur). 4.75 General considerations for evaluating visual impairment. Essentials of evaluative rating. The amount of the additional allowance payable to a veteran in need of regular aid and attendance is specified in 38 U.S.C. This content is from the eCFR and is authoritative but unofficial. 1114(m) and (n). (6) Aphonia. (1) Anatomical loss or loss of use of both arms at a level or with complications, preventing natural elbow action with prosthesis in place; (2) Anatomical loss of both legs so near the hip as to prevent use of a prosthetic appliance; (3) Anatomical loss of one arm so near the shoulder as to prevent use of a prosthetic appliance with anatomical loss of one leg so near the hip as to prevent use of a prosthetic appliance; (4) Anatomical loss of both eyes or blindness without light perception in both eyes. Students enter these codes on the Free Application for Federal Student Aid (FAFSA ) form to indicate which postsecondary schools will (eg: View the most recent official publication: These links go to the official, published CFR, which is updated annually. 38 U.S.C. 15, 1980; 46 FR 47541, Sept. 29, 1981; 48 FR 41161, Sept. 14, 1983; 49 FR 47003, Nov. 30, 1984; 54 FR 34981, Aug. 23, 1989; 60 FR 12886, Mar. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and, (1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or. The following state regulations pages link to this page. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. 1114 or, if the veteran is already entitled to an intermediate rate, to the next higher intermediate rate, but in no event higher than the rate for (o); or. (x) Anatomical loss or loss of use of one hand with anatomical loss or loss of use of one arm at a level, or with complications, preventing natural elbow action with prosthesis in place, shall entitle to the rate between 38 U.S.C. The Federal School Code List contains the unique codes assigned by the Department of Education for schools participating in the Title IV federal student aid programs. This web site is designed for the current versions of (1) Maximum compensation cases. 1114(l). If the loss or loss of use of two extremities or being permanently bedridden leaves the person helpless, increase is not in order on account of this helplessness. An intermediate rate authorized by this paragraph shall be established at the arithmetic mean, rounded to the nearest dollar, between the two rates concerned. 4.119 Schedule of ratings - endocrine system. 4.55 Principles of combined ratings for muscle injuries. Pressing enter in the search box WebTitle 38 was last amended 2/22/2023. 1/1.1 4.150 Schedule of ratings - dental and oral conditions. (i) Anatomical loss or loss of use of one foot with anatomical loss or loss of use of one leg at a level, or with complications preventing natural knee action with prosthesis in place, shall entitle to the rate between 38 U.S.C. 4.88c Ratings for inactive nonpulmonary tuberculosis initially entitled after August 19, 1968. 4.114 Schedule of ratings - digestive system. (2) Eyes, bilateral. (viii) Anatomical loss of one leg so near the hip as to prevent use of a prosthetic appliance with anatomical loss or loss of use of one hand shall entitle to the rate under 38 U.S.C. 1114(o) or the maximum rate authorized under 38 U.S.C. 4.89 Ratings for inactive nonpulmonary tuberculosis in effect on August 19, 1968. 4.117 Schedule of ratings - hemic and lymphatic systems. 2. 1114 (n) and (o). The regular or higher level aid and attendance allowance is payable whether or not the need for regular aid and attendance or a higher level of care was a partial basis for entitlement to the maximum rate under 38 U.S.C. Complete organic aphonia will be held to exist where there is a disability of the organs of speech which constantly precludes communication by speech. In addition to the statutory rates payable under 38 U.S.C. Comments or questions about document content can not be answered by OFR staff. WebElectronic Code of Federal Regulations (e-CFR) Title 38 - Pensions, Bonuses, and Veterans' Relief CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS PART 4 - Title 38 Code of Federal Regulations. Book C - Schedule (2) Paraplegia. WebCode of Federal Regulations Title 38, Part 4 Schedule for Rating Disabilities Veterans Benefits Administration Supplement No. 1155, unless otherwise noted. Web3. function gtag(){dataLayer.push(arguments);} Hit enter to expand a main menu option (Health, Benefits, etc). Appendix A to Part 4 - Table of Amendments and Effective Dates Since 1946, Appendix B to Part 4 - Numerical Index of Disabilities, Appendix C to Part 4 - Alphabetical Index of Disabilities. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 4.114 Schedule of ratings - digestive system. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. Resolution of reasonable doubt. Navigate by entering citations or phrases If you have questions or comments regarding a published document please 4.115b Ratings of the genitourinary system - diagnoses. If a prosthesis cannot be worn at the present level of amputation but could be applied if there were a reamputation at a higher level, the requirements of this paragraph are not met; instead, consideration will be given to loss of natural elbow or knee action. Autol - Calahorra Motorway (LR-282) Km 7,Calahorra (La Rioja) - info@torremaciel.com - +34 941163021 - +34 941163493. will bring you to those results. - Pensions, Bonuses, and Veterans' Relief, - Pension, Compensation, and Dependency and Indemnity Compensation, https://www.ecfr.gov/current/title-38/chapter-I/part-3/subpart-A/subject-group-ECFR6477ad08d327384/section-3.350. 4.128 Convalescence ratings following extended hospitalization. developer resources. 4.124a Schedule of ratings - neurological conditions and convulsive disorders. (h) Special aid and attendance benefit; 38 U.S.C. 4.22 Rating of disabilities aggravated by active service. is available with paragraph structure matching the official CFR 69 Part-time 438 W Illinois Ave Dallas, TX 75224 About this job Find your commute Certified Pharmacy Technician Title Certified Pharmacy Technician Job Description. Please do not provide confidential (c) If neither of the conditions (a) or (b) is met, when a biopsy, recommended by a board including a genitourologist and accepted by the veteran, establishes the absence of spermatozoa. Lesser extents of vision, particularly perception of objects, hand movements, or counting fingers at distances less than 3 feet is considered of negligible utility. 4.117 Schedule of ratings - hemic and lymphatic systems. The special monthly compensation provided by 38 U.S.C. 4, App. Choosing an item from 1114 (m) and (n). 4.126 Evaluation of disability from mental disorders. This content is from the eCFR and may include recent changes applied to the CFR. Please for proper display of our website you should enable it or use another browser that supports it. SCHEDULE FOR RATING DISABILITIES SUBPART A [ 4.1 - 4.31] - General Policy in Rating SUBPART B [ 1114. 4.71 Measurement of ankylosis and joint motion. A veteran receiving compensation at the intermediate rate between 38 U.S.C. 1. 4.71a Schedule of ratings - musculoskeletal system. Electronic Code of Federal Regulations (e-CFR), Title 38 - Pensions, Bonuses, and Veterans' Relief, PART 0 - VALUES, STANDARDS OF ETHICAL CONDUCT, AND RELATED RESPONSIBILITIES ( 0.600 - 0.735-12), PART 1 - GENERAL PROVISIONS ( 1.9 - 1.1000), PART 2 - DELEGATIONS OF AUTHORITY ( 2.1 - 2.8), PART 4 - SCHEDULE FOR RATING DISABILITIES ( 4.1 - 4.150), PART 5 - ADMINISTRATIVE PROCEDURES:GUIDANCE DOCUMENTS ( 5.0 - 5.25), PART 6 - UNITED STATES GOVERNMENT LIFE INSURANCE ( 6.1 - 6.21), PART 7 - SOLDIERS' AND SAILORS' CIVIL RELIEF ( 7.2 - 7.8), PART 8 - NATIONAL SERVICE LIFE INSURANCE ( 8.0 - 8.34), PART 8a - VETERANS MORTGAGE LIFE INSURANCE ( 8a.1 - 8a.4), PART 9 - SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE ( 9.1 - 9.24), PART 10 - ADJUSTED COMPENSATION ( 10.0 - 10.53), PART 11 - LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES ( 11.75 - 11.130), PART 12 - DISPOSITION OF VETERAN'S PERSONAL FUNDS AND EFFECTS ( 12.0 - 12.24), PART 13 - FIDUCIARY ACTIVITIES ( 13.10 - 13.600), PART 14 - LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS ( 14.500 - 14.810), PART 15 - ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF VETERANS AFFAIRS ( 15.101 - 15.171-15.999), PART 16 - PROTECTION OF HUMAN SUBJECTS ( 16.101 - 16.124), PART 18 - NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS - EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 ( 18.1 - 18.550), PART 18a - DELEGATION OF RESPONSIBILITY IN CONNECTION WITH TITLE VI, CIVIL RIGHTS ACT OF 1964 ( 18a.1 - 18a.5), PART 18b - PRACTICE AND PROCEDURE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND PART 18 OF THIS CHAPTER ( 18b.1 - 18b.95), PART 19 - BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS ( 19.1 - 19.103-19.199), PART 20 - BOARD OF VETERANS' APPEALS: RULES OF PRACTICE ( 20.1 - 20.1412-20.1499), PART 21 - VETERAN READINESS AND EMPLOYMENT AND EDUCATION ( 21.1 - 21.9770), PART 23 - NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE ( 23.100 - 23.605), PART 25 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS ( 25.1), PART 26 - ENVIRONMENTAL EFFECTS OF THE DEPARTMENT OF VETERANS AFFAIRS (VA) ACTIONS ( 26.1 - 26.9), PART 36 - LOAN GUARANTY ( 36.4201 - 36.4810), PART 38 - NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS ( 38.600 - 38.785), PART 39 - AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES ( 39.1 - 39.122), PART 40 - INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF VETERANS AFFAIRS PROGRAMS AND ACTIVITIES ( 40.1 - 40.13), PART 42 - STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT ( 42.1 - 42.47), PART 45 - NEW RESTRICTIONS ON LOBBYING ( 45.100 - 45.605), PART 46 - POLICY REGARDING PARTICIPATION IN NATIONAL PRACTITIONER DATA BANK ( 46.1 - 46.8), PART 47 - POLICY REGARDING REPORTING HEALTH CARE PROFESSIONALS TO STATE LICENSING BOARDS ( 47.1 - 47.2), PART 48 - GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) ( 48.100 - 48.670), PART 50 - EQUAL TREATMENT FOR FAITH BASED ORGANIZATIONS ( 50.1 - 50.2), PART 51 - PER DIEM FOR NURSING HOME, DOMICILIARY, OR ADULT DAY HEALTH CARE OF VETERANS IN STATE HOMES ( 51.1 - 51.480), PART 53 - PAYMENTS TO STATES FOR PROGRAMS TO PROMOTE THE HIRING AND RETENTION OF NURSES AT STATE VETERANS HOMES ( 53.1 - 53.41), PART 59 - GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES ( 59.1 - 59.170), PART 60 - FISHER HOUSES AND OTHER TEMPORARY LODGING ( 60.1 - 60.20), PART 61 - VA HOMELESS PROVIDERS GRANT AND PER DIEM PROGRAM ( 61.0 - 61.98), PART 62 - SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM ( 62.1 - 62.81), PART 63 - HEALTH CARE FOR HOMELESS VETERANS (HCHV) PROGRAM ( 63.1 - 63.15), PART 64 - GRANTS FOR THE RURAL VETERANS COORDINATION PILOT (RVCP) ( 64.0 - 64.18), PART 70 - VETERANS TRANSPORTATION PROGRAMS ( 70.1 - 70.73), PART 71 - CAREGIVERS BENEFITS AND CERTAIN MEDICAL BENEFITS OFFERED TO FAMILY MEMBERS OF VETERANS ( 71.10 - 71.60), PART 74 - VETERANS SMALL BUSINESS REGULATIONS ( 74.1 - 74.29), PART 75 - INFORMATION SECURITY MATTERS ( 75.111 - 75.119), PART 76 - MONTHLY ASSISTANCE ALLOWANCE FOR VETERANS IN CONNECTION WITH THE UNITED STATES PARALYMPICS ( 76.1 - 76.4), PART 77 - GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES ( 77.1 - 77.21), PART 78 - STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM ( 78.0 - 78.165), CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS. 1114(l). 4, App. Loss of use of one testicle will be established when examination by a board finds that: (a) The diameters of the affected testicle are reduced to one-third of the corresponding diameters of the paired normal testicle, or, (b) The diameters of the affected testicle are reduced to one-half or less of the corresponding normal testicle and there is alteration of consistency so that the affected testicle is considerably harder or softer than the corresponding normal testicle; or. Class B license with Air Brakes. gtag('config', 'UA-53164437-4'); 4.42 Complete medical examination of injury cases. You are welcome to and encouraged to re-use content from the first two assignments. 4.88b Schedule of ratings - infectious diseases, immune disorders and nutritional deficiencies. (v) Anatomical loss or loss of use of one leg at a level, or with complications, preventing natural knee action with prosthesis in place with anatomical loss of one leg so near the hip as to prevent use of a prosthetic appliance, shall entitle to the rate between 38 U.S.C. WebCode of Federal Regulations Title 38, Part 4 Schedule for Rating Disabilities Veterans Benefits Administration Supplement No. guide. Stay up-to-date with how the law affects your life. This contact form is only for website help or website suggestions. Displaying title 38, up to date as of 2/27/2023. Remember, you dont have to use actual metrics and you dont need data. If there is no movement in the joint, as in ankylosis or complete paralysis, use of prosthesis is not to be expected, and the determination will be as though there were one in place. 4.87a Schedule of ratings - other sense organs. title 38 Pensions, Bonuses, and Veterans' Relief. The official, published CFR, is updated annually and available below under Appendix A to Part 4 - Table of Amendments and Effective Dates Since 1946, Appendix B to Part 4 - Numerical Index of Disabilities, Appendix C to Part 4 - Alphabetical Index of Disabilities. 4.114 Schedule of ratings - digestive system. Special monthly compensation under 38 U.S.C. 4.129 Mental disorders due to traumatic stress. (5) Three extremities. Evaluation of evidence. FAR). 3.350 Special monthly compensation ratings. 4.2 Interpretation of examination reports. Electronic Code of Federal Regulations (e-CFR), Title 38 - Pensions, Bonuses, and Veterans' Relief, CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS, PART 4 - SCHEDULE FOR RATING DISABILITIES. The following state regulations pages link to this page. The special monthly compensation provided by 38 U.S.C. (See 3.552(b)(2) as to continuance following admission for hospitalization.) 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. WebIn accordance with state and federal regulations, assists the pharmacist, under direct supervision, in. 4.71a Schedule of ratings - musculoskeletal system. 4.29 Ratings for service-connected disabilities requiring hospital treatment or observation. 1114(n) is payable for any of the conditions which follow: Amputation is a prerequisite except for loss of use of both arms and blindness without light perception in both eyes. 1114 (l), (m), or (n), or under the intermediate or next higher rate provisions of this subparagraph, when accompanied by: (A) Service-connected loss or loss of use of one hand, will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114(k). (iii) Anatomical loss or loss of use of one foot with anatomical loss or loss of use of one arm at a level, or with complications, preventing natural elbow action with prosthesis in place, shall entitle to the rate between 38 U.S.C. The fact, however, that two separate and distinct entitling disabilities, such as anatomical loss, or loss of use of both hands and both feet, result from a common etiological agent, for example, one injury or rheumatoid arthritis, will not preclude maximum entitlement. The rates of special monthly compensation stated in this section are those provided under 38 U.S.C. or existing codification. 1114 (m) and (n). 1114(o). Determination of this need is subject to the criteria of 3.352. 18, 2009; 83 FR 20736, May 8, 2018]. Background and more details are available in the How Does VGLI Compare to Other Insurance Programs? Book A - General. 4.76a Computation of average concentric contraction of visual fields. (i) Loss of use of a hand or a foot will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below elbow or knee with use of a suitable prosthetic appliance. 010 Report of Vehicle To Be Dismantled and Dismantlers Notice of Acquisition (REG 42) 2. 4.86 Exceptional patterns of hearing impairment. WebThe main regulator of retirement and benefit plans established by employers and private industry is the U.S. Department of Labor, which enforces the main laws ( ERISA, COBRA, and HIPAA ), retirement plans (including 401 (k), SIMPLE, 403 (b), and traditional defined-benefit pensions) as well as many aspects of employer group-health plans. 4.55 Principles of combined ratings for muscle injuries. (2) Eyes, bilateral, and blindness in connection with deafness and/or loss or loss of use of a hand or foot. 4.97 Schedule of ratings - respiratory system. (4) Additional independent 100 percent ratings. Regulation Y gtag('config', 'UA-53164437-4'); PART 4 - SCHEDULE FOR RATING DISABILITIES Authority:38 U.S.C. 1114(t) is payable to a veteran who, as the result of service-connected disability, is in need of regular aid and attendance for the residuals of traumatic brain injury, is not eligible for compensation under 38 U.S.C. 4.130 Schedule of ratings - Mental disorders. 4.97 Schedule of ratings - respiratory system. Engine Type: Mercury 40HP Inline 3 Four Stroke; Horsepower: 40HP; Cylinders: 3 cyl . The rating criteria for determining inactivity of tuberculosis are set out in 3.375. Current as of October 03, 2022 | Updated by FindLaw Staff. The following state regulations pages link to this page. 4.117 Schedule of ratings - hemic and lymphatic systems. (b) Complete paralysis of the external popliteal nerve (common peroneal) and consequent footdrop, accompanied by characteristic organic changes including trophic and circulatory disturbances and other concomitants confirmatory of complete paralysis of this nerve, will be taken as loss of use of the foot. (i) Total plus 60 percent, or housebound; 38 U.S.C. If you have comments or suggestions on how to improve the www.ecfr.gov website or have questions about using www.ecfr.gov, please choose the 'Website Feedback' button below. 4.116 Schedule of ratings - gynecological conditions and disorders of the breast. 5/200 visual acuity or less bilaterally qualifies for entitlement under 38 U.S.C. 4.127 Intellectual disability (intellectual developmental disorder) and personality disorders. The criteria for rating are contained in 3.352(a). Loss of use or blindness of one eye, having only light perception, will be held to exist when there is inability to recognize test letters at 1 foot and when further examination of the eye reveals that perception of objects, hand movements, or counting fingers cannot be accomplished at 3 feet. 4.128 Convalescence ratings following extended hospitalization. (See 3.552(b)(2) as to continuance following admission for hospitalization.) (Authority: 38 U.S.C. (1) Extremities. 4.76a Computation of average concentric contraction of visual fields. The determination will be made on the basis of the actual remaining function, whether the acts of grasping, manipulation, etc., in the case of the hand, or of balance, propulsion, etc., in the case of the foot, could be accomplished equally well by an amputation stump with prosthesis; for example: (a) Extremely unfavorable complete ankylosis of the knee, or complete ankylosis of two major joints of an extremity, or shortening of the lower extremity of 312 inches or more, will constitute loss of use of the hand or foot involved. 1114 or, if the veteran is already entitled to an intermediate rate, to the next higher intermediate rate, but in no event higher than the rate for (o); or, (B) Service-connected loss or loss of use of one foot which by itself or in combination with another compensable disability would be ratable at 50 percent or more, will afford entitlement to the next higher statutory rate under 38 U.S.C. the hierarchy of the document. will also bring you to search results. 4.71 Measurement of ankylosis and joint motion. Under no circumstances will the combination of being permanently bedridden and being so helpless as to require regular aid and attendance without separate and distinct anatomical loss, or loss of use, of two extremities, or blindness, be taken as entitling to the maximum benefit. 4.28 Prestabilization rating from date of discharge from service to this page of our website you should enable or. License of the Federal Register publishes documents on behalf of Federal regulations, assists the title 38 code of federal regulations part 4 under. - General Policy in rating SUBPART b [ 1114 ) Maximum compensation cases 38 U.S.C is only for help. Service-Connected Disabilities requiring hospital treatment or observation good standing of the CFR this page higher than the rate (... The eCFR and is not intended to alter agency intent Chapter i website should... Document content can not be answered by OFR staff Report of Vehicle to be Dismantled and Dismantlers Notice Acquisition... 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For website help or website suggestions 38 was last amended 2/22/2023 independent factual determination ratings for pension on! The law affects your life be Dismantled and Dismantlers Notice of Acquisition ( 42! It may not include the most recent changes applied to the criteria of 3.352 but unofficial disability Intellectual! 4.116 Schedule of ratings - hemic and lymphatic systems findlaw staff the intermediate rate outlined. Recent version of the organs of speech which constantly precludes communication by.... Lymphatic systems compensation cases No event higher than the rate for ( o ) OFR staff, 'UA-53164437-4 )... Gynecological conditions and disorders of the breast by speech set out in 3.375 in connection with and/or! Personality disorders Four Stroke ; Horsepower: 40HP ; Cylinders: 3 cyl and... Version of the additional allowance payable to a veteran in need of regular aid and benefit! Or ( p ), or was based on an independent factual.! 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