The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. 1114 (m) and (n). 1114(m). Interpretation of examination reports. 4.17 Total disability ratings for pension based on unemployability and age of the individual. Web5546 (b) and 5 CFR 550. 1114(t) shall be paid in lieu of any allowance authorized by 38 U.S.C. It is not an official legal edition of the CFR. Lesser extents of vision, particularly perception of objects, hand movements, or counting fingers at distances less than 3 feet is considered of negligible utility. WebTitle 38. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 4.28 Prestabilization rating from date of discharge from service. (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. 4.76a Computation of average concentric contraction of visual fields. SCHEDULE FOR RATING DISABILITIES Part 4. title 38 Pensions, Bonuses, and Veterans' Relief. 4.113 Coexisting abdominal conditions. 1. 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. The in-page Table of Contents is available only when multiple sections are being viewed. (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. 1114 (l), (m) or (n), or rated under subparagraphs (2)(i), (ii) or (iii) of this paragraph, when accompanied by bilaterial deafness rated at no less than 30 percent, and the hearing impairment in one or both ears is service-connected, will afford entitlement to the next higher statutory rate under 38 U.S.C. (ii) When loss or loss of use of a creative organ resulted from wounds or other trauma sustained in service, or resulted from operations in service for the relief of other conditions, the creative organ becoming incidentally involved, the benefit may be granted. 29 FR 6718, May 22, 1964, unless otherwise noted. 4.119 Schedule of ratings - endocrine system. visit VeteransCrisisLine.net for more resources. 1114(k). 4.115a Ratings of the genitourinary system - dysfunctions. window.dataLayer = window.dataLayer || []; Title 38. eCFR The Electronic Code of Federal Regulations Title 38 Displaying title 38, up to date as of 2/22/2023. '; 4.88c Ratings for inactive nonpulmonary tuberculosis initially entitled after August 19, 1968. 4, App. - 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. (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. Ratings under diagnostic codes 7301 to 7329, inclusive, 7331, 7342, and 7345 to 7348 inclusive will not be combined with each other. 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. Power of attorney reg 262 Get the up-to-date power of attorney reg 262 2022 now Get Form Show details 4. 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. 4.100 Application of the general rating formula for diseases of the heart. (1) Extremities. 1114 (m) is payable for any of the following conditions: ( i) Anatomical loss or loss of use of both hands; ( ii) Anatomical (iv) Atrophy resulting from mumps followed by orchitis in service is service connected. The requirement of loss of anal and bladder sphincter control is met even though incontinence has been overcome under a strict regimen of rehabilitation of bowel and bladder training and other auxiliary measures. Subscribe to: Changes in Title 38 :: Chapter I :: Part 3 :: Subpart A :: Subject group :: Section 3.350. 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. This contact form is only for website help or website suggestions. 4.150 Schedule of ratings - dental and oral conditions. WebPART 35MEDICAL USE OF BYPRODUCT MATERIAL Full Text Version (270. (eg: Essentials of evaluative rating. (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. General Schedule Base Pay Table for 2010. 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. 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. 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. WebElectronic Code of Federal Regulations (e-CFR) Title 38 - Pensions, Bonuses, and Veterans' Relief; CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS; 7202 4.126 Evaluation of disability from mental disorders. 4.29 Ratings for service-connected disabilities requiring hospital treatment or observation. 1155, unless (3) Additional independent 50 percent disabilities. 4.129 Mental disorders due to traumatic stress. Enhanced content is provided to the user to provide additional context. (j) Special aid and attendance benefit for residuals of traumatic brain injury (38 U.S.C. 4.116 Schedule of ratings - gynecological conditions and disorders of the breast. Infectious Diseases, Immune Disorders and Nutritional Deficiencies, Gynecological Conditions and Disorders of the Breast, Neurological Conditions and Convulsive Disorders, 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. (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. 1114(p). 1114. 1114(l) and (m). In addition to the statutory rates payable under 38 U.S.C. 1114(m) and (n). 4, App. 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. 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. Resolution of reasonable doubt. 4.116 Schedule of ratings - gynecological conditions and disorders of the breast. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 4.124a Schedule of ratings - neurological conditions and convulsive disorders. 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). 4.104 Schedule of ratings - cardiovascular system. 1114(l) and (m). (g) Inactive tuberculosis (complete arrest). 4.100 Application of the evaluation criteria for diagnostic codes 7000-7007, 7011, and 7015-7020. Apply to Truck Driver, Dump Truck Driver, Limousine Driver and more!Commercial Driver Training. 1114(r)(2) during periods he or she is not hospitalized at United States Government expense. 4.124a Schedule of ratings - neurological conditions and convulsive disorders. 4.123 Neuritis, cranial or peripheral. (4) Eye. 49 CFR 172.101 Web3. 1155, unless otherwise noted. We recommend you directly contact the agency responsible for the content in question. 4.150 Schedule of ratings - dental and oral conditions. You will now be able to tab or arrow up or down through the submenu options to access/activate the submenu links. 4.88b Schedule of ratings - infectious diseases, immune disorders and nutritional deficiencies. (2) Eyes, bilateral, and blindness in connection with deafness and/or loss or loss of use of a hand or foot. 1114(l) through (n)) will not preclude additional compensation under 38 U.S.C. There were two no votes. 4.97 Schedule of ratings - respiratory system. (vi) Blindness in both eyes rated under 38 U.S.C. 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 following state regulations pages link to this page. '; 4.71a Schedule of ratings - musculoskeletal system. gtag('config', 'UA-53164437-4'); 4.42 Complete medical examination of injury cases. Otherwise noted content is provided to the statutory rates payable under 38 U.S.C reflect the most recent of... 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