4.86 Exceptional patterns of hearing impairment. 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. will bring you to those results. Javascript is not enabled on your browser. 4.73 Schedule of ratings - muscle injuries. function gtag(){dataLayer.push(arguments);} The amount of the additional allowance payable to a veteran in need of regular aid and attendance is specified in 38 U.S.C. 1114(t)), [26 FR 1587, Feb. 24, 1961, as amended at 27 FR 4739, May 18, 1962; 28 FR 1587, Feb. 20, 1963; 28 FR 5671, June 11, 1963; 40 FR 54245, Nov. 21, 1975; 45 FR 25392, Apr. 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. 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. (ii) The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized. We recommend you directly contact the agency responsible for the content in question. (1) The special monthly compensation provided by 38 U.S.C. 4, App. 9, 1995; 67 FR 6873, Feb. 14, 2002; 68 FR 55467, Sept. 26, 2003; 74 FR 11483, Mar. The special monthly compensation provided by 38 U.S.C. 62 5 August 2019 Covering the period of gtag('js', new Date()); Current as of October 03, 2022 | Updated by FindLaw Staff. Determination of this need is subject to the criteria of 3.352. Resolution of reasonable doubt. View the Title 38 Code of Federal Regulations documents. (C) Service-connected loss or loss of use of one foot which is ratable at less than 50 percent and which is the only compensable disability other than bilateral blindness, 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. 4.71a Schedule of ratings - musculoskeletal system. 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. Determination of this need is subject to the criteria of 3.352. 4.130 Schedule of ratings - Mental disorders. 4.42 Complete medical examination of injury cases. SCHEDULE FOR RATING DISABILITIES SUBPART A [ 4.1 - 4.31] - General Policy in Rating SUBPART B [ 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. 4.123 Neuritis, cranial or peripheral. 1114(s). eCFR The Electronic Code of Federal Regulations Title 38 Displaying title 38, up to date as of 2/22/2023. 4.119 Schedule of ratings - endocrine system. 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. Pensions, Bonuses, and Veterans' Relief 38 CFR Pt. 4.75 General considerations for evaluating visual impairment. A veteran receiving the maximum rate under 38 U.S.C. (2) For a veteran who was not receiving or entitled to receive compensation for tuberculosis on August 19, 1968, the special monthly compensation authorized by paragraph (g)(1) of this section is not payable. If you have questions for the Agency that issued the current document please contact the agency directly. 4.2 Interpretation of examination reports. 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. 4.126 Evaluation of disability from mental disorders. 4.126 Evaluation of disability from mental disorders. You will now be able to tab or arrow up or down through the submenu options to access/activate the submenu links. 3. '; All rights reserved. 4.87a Schedule of ratings - other sense organs. 4.100 Application of the general rating formula for diseases of the heart. WebPART 35MEDICAL USE OF BYPRODUCT MATERIAL Full Text Version (270. 4.115a Ratings of the genitourinary system - dysfunctions. (vii) Blindness in both eyes rated under 38 U.S.C. 4.150 Schedule of ratings - dental and oral conditions. (iv) Atrophy resulting from mumps followed by orchitis in service is service connected. 1114(r)(2), and in the absence of such regular aid and attendance would require hospitalization, nursing home care, or other residential institutional care. 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. FSGLI: Family Servicemembers Group Life Insurance, Schedule of Payments for Traumatic Losses, S-DVI: Service-Disabled Veterans Life Insurance, Beneficiary Financial Counseling and Online Will, Lesbian Gay, Bisexual & Transgender Veterans, Outreach, Transition and Economic Development Materials, Veteran Readiness and Employment Materials, Court of Appeals for Veteran Claims (CAVC). (5) Three extremities. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. Book C - Schedule contact the publishing agency. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1114, but in no event higher than the rate for (o). 4, App. 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. (3) Additional independent 50 percent disabilities. 1155, unless otherwise noted. WebElectronic Code of Federal Regulations (e-CFR) Title 38. 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. 4.55 Principles of combined ratings for muscle injuries. Deafness of both ears, having absence of air and bone conduction will be held to exist where examination in a Department of Veterans Affairs authorized audiology clinic under current testing criteria shows bilateral hearing loss is equal to or greater than the minimum bilateral hearing loss required for a maximum rating evaluation under the rating schedule. 1114, but in no event higher than the rate for (o). Special monthly compensation under 38 U.S.C. Use the navigation links in the gray bar above to view the table of contents that this content belongs to. In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 1114(t) shall be paid in lieu of any allowance authorized by 38 U.S.C. 4.116 Schedule of ratings - gynecological conditions and disorders of the breast. Title 38 Code of Federal Regulations. (d) Ratings under 38 U.S.C. (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. 4.71 Measurement of ankylosis and joint motion. 1114(n). (ii) Blindness of one eye with 5/200 visual acuity or less and anatomical loss of, or blindness having no light. Part 0. This content is from the eCFR and may include recent changes applied to the CFR. Where possible, determinations should be on the basis of permanently bedridden rather than for need of aid and attendance (except where 38 U.S.C. 1114 (m) and (n). - 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. (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. 4.128 Convalescence ratings following extended hospitalization. WebPart 4. 4.114 Schedule of ratings - digestive system. (4) Additional independent 100 percent ratings. 501(a), unless otherwise noted. 1114(k). (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. Paralysis of both lower extremities together with loss of anal and bladder sphincter control will entitle to the maximum rate under 38 U.S.C. 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