WebPart 4. Determination of this need is subject to the criteria of 3.352. 4, App. Code of Federal Regulations Title 38. Title 38 Volume 1 Chapter I Part 4 Part 4 - Schedule For Rating Disabilities PART 4 - SCHEDULE FOR RATING DISABILITIES Authority: 38 U.S.C. A veteran receiving the maximum rate under 38 U.S.C. 1114 (l) and (m). 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. The special monthly compensation provided by 38 U.S.C. 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. Pensions, Bonuses, and Veterans' Relief 38.36.4251 Loans to finance the purchase of manufactured homes and the cost of necessary site preparation Current as of October 03, 2022 | Updated by FindLaw Staff (iv) Atrophy resulting from mumps followed by orchitis in service is service connected. The special monthly compensation provided by 38 U.S.C. 4.129 Mental disorders due to traumatic stress. (2) An allowance authorized under 38 U.S.C. 4.100 Application of the evaluation criteria for diagnostic codes 7000-7007, 7011, and 7015-7020. 4.128 Convalescence ratings following extended hospitalization. Book B - Adjudication. Pensions, Bonuses, and Veterans' Relief 38 CFR Pt. result, it may not include the most recent changes applied to the CFR. The special monthly compensation provided by 38 U.S.C. Regulation Y (2) Eyes, bilateral. (i) Blindness of one eye with 5/200 visual acuity or less and blindness of the other eye having only light perception will entitle to the rate between 38 U.S.C. (ii) Blindness of one eye with 5/200 visual acuity or less and anatomical loss of, or blindness having no light. (vii) Blindness in both eyes rated under 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. switch to drafting.ecfr.gov. 4.115a Ratings of the genitourinary system - dysfunctions. 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. 4.117 Schedule of ratings - hemic and lymphatic systems. 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. WebCreate or download a free printable California Bill of Sale Form with step-by-step instructions. (i) Total plus 60 percent, or housebound; 38 U.S.C. This content is from the eCFR and is authoritative but unofficial. 1114(r) is involved) to avoid reduction during hospitalization where aid and attendance is provided in kind. 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. (i) Loss of a creative organ will be shown by acquired absence of one or both testicles (other than undescended testicles) or ovaries or other creative organ. Office of Accountability & Whistleblower Protection, Training - Exposure - Experience (TEE) Tournament, Outreach, Transition and Economic Development Home, Warrior Training Advancement Course (WARTAC), Staff Appraisal Reviewer (SAR) Information, How to Apply for Nonsupervised Automatic Authority, VALERI (VA Loan Electronic Reporting Interface). View the Title 38 Code of Federal Regulations documents. 9-13/09/2014. (f) Intermediate or next higher rate. (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. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized. (1) Extremities. 4.17 Total disability ratings for pension based on unemployability and age of the individual. How Much Life Insurance Do You Really Need? WebPART 4 - SCHEDULE FOR RATING DISABILITIES ( 4.1 - 4.150) PART 5 - ADMINISTRATIVE PROCEDURES:GUIDANCE DOCUMENTS ( 5.0 - 5.25) PART 6 - 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. Search & Navigation (eg: 4.9 Congenital or developmental defects. formatting. Web38 CFR Book C, Schedule for Rating Disabilities Supplements Appendices 4.1 - 4.31 - Subpart A - General Policy in Rating Subpart B - Subpart B - Disability Rating 4.40 - 4.73 (iii) Loss or loss of use traceable to an elective operation performed subsequent to service, will not establish entitlement to the benefit. 1114(t) shall be paid in lieu of any allowance authorized by 38 U.S.C. 1114(r)(1). 4.55 Principles of combined ratings for muscle injuries. WebElectronic Code of Federal Regulations (e-CFR) Title 38 - Pensions, Bonuses, and Veterans' Relief CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS PART 4 - View the Title 38 Code of Federal Regulations documents, Veterans Crisis Line: Current as of October 03, 2022 | Updated by FindLaw Staff. However, evaluation of 5/200 based on acuity in excess of that degree but less than 10/200 ( 4.83 of this chapter), does not qualify. (3) Additional independent 50 percent disabilities. 1114 (a) through (j) or (s). 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. 4.88b Schedule of ratings - infectious diseases, immune disorders and nutritional deficiencies. (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). 4.126 Evaluation of disability from mental disorders. 4.150 Schedule of ratings - dental and oral conditions. 1114(p) and, in addition to such compensation, a monthly allowance equal to the rate described in 38 U.S.C. Lines 38 and 127 were also amended to address the good standing of the license of the APRN and physicians assistant. is available with paragraph structure matching the official CFR (xi) Anatomical loss or loss of use of one hand with anatomical loss of one arm so near the shoulder as to prevent use of a prosthetic appliance shall entitle to the rate under 38 U.S.C. I have a '99 Force/Mercury 40hp. 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. (3) Eyes, bilateral. Pensions, Bonuses, and Veterans' Relief. 1114(o). The criteria for loss and loss of use of an extremity contained in paragraph (a)(2) of this section are applicable. It is not an official legal edition of the CFR. 4.115a Ratings of the genitourinary system - dysfunctions. gtag('js', new Date()); This special compensation is payable in addition to the basic rate of compensation otherwise payable on the basis of degree of disability, provided that the combined rate of compensation does not exceed the monthly rate set forth in 38 U.S.C. Background and more details are available in the Organization and Purpose Special monthly compensation under 38 U.S.C. 1114(r)(2) during periods he or she is not hospitalized at United States Government expense. 4.2 Interpretation of examination reports. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Pressing enter in the search box Essentials of evaluative rating. Electronic Code of Federal Regulations (e-CFR), Title 38 - Pensions, Bonuses, and Veterans' Relief, CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS, Subpart A - General Policy in Rating ( 4.1 - 4.31), Subpart B - Disability Ratings ( 4.40 - 4.150), 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, PART 4 - SCHEDULE FOR RATING DISABILITIES. The following state regulations pages link to this page. 1114 (l) and (m). Authority: 38 U.S.C. 4.28 Prestabilization rating from date of discharge from service. (iv) Anatomical loss or loss of use of one foot with anatomical loss or loss of use of one arm so near the shoulder as to prevent use of a prosthetic appliance shall entitle to the rate under 38 U.S.C. Evaluation of evidence. function gtag(){dataLayer.push(arguments);} Book C - Schedule (ii) The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized. (g) Inactive tuberculosis (complete arrest). 4.115b Ratings of the genitourinary system - diagnoses. The following state regulations pages link to this page. SCHEDULE FOR RATING DISABILITIES Part 4. The following state regulations pages link to this page. 4.100 Application of the evaluation criteria for diagnostic codes 7000-7007, 7011, and 7015-7020. 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. (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. 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. Web"Permitted Exceptions" means (a) real estate taxes for the year of Closing and thereafter; (b) all applicable zoning and other ordinances, regulations, and laws; and (c) all covenants, easements, conditions, restrictions, and other exceptions disclosed on the Title Commitment and/or Survey, which are not objected to by Buyer, subject to Section 5. 4.85 Evaluation of hearing impairment. 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. 1114(n). Enhanced content is provided to the user to provide additional context. 1114(t)). 38 U.S.C. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime. 1114 (l) through (n) or the intermediate rate provisions outlined above. Hit enter to expand a main menu option (Health, Benefits, etc). This web site is designed for the current versions of 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(m). You can learn more about the process Since atrophy is usually perceptible within 1 to 6 months after infection subsides, an examination more than 6 months after the subsidence of orchitis demonstrating a normal genitourinary system will be considered in determining rebuttal of service incurrence of atrophy later demonstrated. (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. 1114, but in no event higher than the rate for (o). Title 38 was last amended 2/22/2023. 1114(s). The boat is currently awaiting a carb rebuild after . contact the publishing agency. Apply to Truck Driver, Dump Truck Driver, Limousine Driver and more!Commercial Driver Training. 1114(o) or the maximum rate authorized under 38 U.S.C. visit VeteransCrisisLine.net for more resources. 1114(l) and (m). Determination of this need is subject to the criteria of 3.352. 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. 1/1.1 Pensions, Bonuses, and Veterans' Relief 38 CFR Pt. 49 CFR 172.101 (ii) Anatomical loss or loss of use of one foot with anatomical loss of one leg so near the hip as to prevent use of prosthetic appliance shall entitle to the rate under 38 U.S.C. 4.100 Application of the general rating formula for diseases of the heart. 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. Source: 29 FR 6718, May 22, 1964, unless otherwise noted. CAlphabetical Index of Disabilities on Westlaw, Law Firm Tests Whether It Can Sue Associate for 'Quiet Quitting', The Onion Joins Free-Speech Case Against Police as Amicus, Bumpy Road Ahead for All in Adoption of AI in the Legal Industry. A separate drafting site Javascript is not enabled on your browser. 4.124a Schedule of ratings - neurological conditions and convulsive disorders. 1114(k) is payable for each anatomical loss or loss of use of one hand, one foot, both buttocks, one or more creative organs, blindness of one eye having only light perception, deafness of both ears, having absence of air and bone conduction, complete organic aphonia with constant inability to communicate by speech or, in the case of a woman veteran, loss of 25% or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy), or following receipt of radiation treatment of breast tissue. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. 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. 4.127 Intellectual disability (intellectual developmental disorder) and personality disorders. 4.2 Interpretation of examination reports. FindLaw Codes may not reflect the most recent version of the (i) Where the multiple loss or loss of use entitlement to a statutory or intermediate rate between 38 U.S.C. 1114 (m) and (n). When the existence of disability is established meeting the above requirements for nonfunctioning testicle due to operation after service, resulting in loss of use, the benefit may be granted even though the operation is one of election. gtag('config', 'UA-53164437-4'); 4.42 Complete medical examination of injury cases. 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