The special monthly compensation provided by 38 U.S.C. To access the menus on this page please perform the following steps. 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. (ii) Blindness of one eye with 5/200 visual acuity or less and anatomical loss of, or blindness having no light. (See 3.552(b)(2) as to continuance following admission for hospitalization.) 4, App. 4.75 General considerations for evaluating visual impairment. Title 38 Title 38 Code of Federal Regulations. gtag('config', 'UA-53164437-4'); PART 4 - SCHEDULE FOR RATING DISABILITIES Authority:38 U.S.C. 1114(r)(2) during periods he or she is not hospitalized at United States Government expense. WebElectronic Code of Federal Regulations (e-CFR) Title 38 - Pensions, Bonuses, and Veterans' Relief CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS PART 4 - Anatomical loss or loss of use, or a combination of anatomical loss and loss of use, of three extremities shall entitle a veteran to the next higher rate without regard to whether that rate is a statutory rate or an intermediate rate. (iv) Atrophy resulting from mumps followed by orchitis in service is service connected. 4.89 Ratings for inactive nonpulmonary tuberculosis in effect on August 19, 1968. Department of Veterans Affairs. 4.126 Evaluation of disability from mental disorders. (1) The special monthly compensation provided by 38 U.S.C. 4.104 Schedule of ratings - cardiovascular system. 1114(r)(2) is payable in lieu of the regular aid and attendance allowance authorized by 38 U.S.C. will bring you directly to the content. Title 38. 4.117 Schedule of ratings - hemic and lymphatic systems. Chapter I. (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). An intermediate rate authorized by this paragraph shall be established at the arithmetic mean, rounded to the nearest dollar, between the two rates concerned. 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. switch to drafting.ecfr.gov. View the Title 38 Code of Federal Regulations documents, Veterans Crisis Line: (2) Eyes, bilateral. 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. Part 0. (1) Extremities. 4.128 Convalescence ratings following extended hospitalization. Apply to Truck Driver, Dump Truck Driver, Limousine Driver and more!Commercial Driver Training. Book C - Schedule Please for proper display of our website you should enable it or use another browser that supports it. 4.42 Complete medical examination of injury cases. (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. The criteria for rating are contained in 3.352(a). 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). 4.115b Ratings of the genitourinary system - diagnoses. 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. In addition to the statutory rates payable under 38 U.S.C. 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. 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. 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. Hit enter to expand a main menu option (Health, Benefits, etc). (eg: Please do not provide confidential 4.55 Principles of combined ratings for muscle injuries. 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. 37 payment during lives of both co- owners. When there is entitlement under 38 U.S.C. (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. gtag('js', new Date()); Complete organic aphonia will be held to exist where there is a disability of the organs of speech which constantly precludes communication by speech. WebCreate or download a free printable California Bill of Sale Form with step-by-step instructions. 1114(r) -. 3. (4) Additional independent 100 percent ratings. 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). A veteran receiving the maximum rate under 38 U.S.C. 4.87a Schedule of ratings - other sense organs. Evaluation of evidence. information or personal data. (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) Helplessness. (i) Where the multiple loss or loss of use entitlement to a statutory or intermediate rate between 38 U.S.C. 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. 4.22 Rating of disabilities aggravated by active service. 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). FAR). This minimum special monthly compensation is not to be combined with or added to any other disability compensation. 4.28 Prestabilization rating from date of discharge from service. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. 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. All rights reserved. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above additional single permanent disability independently ratable at 100 percent apart from any consideration of individual unemployability will afford entitlement to the next higher statutory rate under 38 U.S.C. (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. WebElectronic Code of Federal Regulations (e-CFR) Title 38. 1114. This requires, for example, that where a veteran who had suffered the loss or loss of use of two extremities is being considered for the maximum rate on account of helplessness requiring regular aid and attendance, the latter must be based on need resulting from pathology other than that of the extremities. The official, published CFR, is updated annually and available below under 1114 (l) and (m). (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 can learn more about the process (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. Web3. - 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. Regulations All Titles. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (1) A veteran described in this paragraph (j) shall be entitled to the amount equal to the compensation authorized under 38 U.S.C. 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. 4.119 Schedule of ratings - endocrine system. 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 1114(t) shall be paid in lieu of any allowance authorized by 38 U.S.C. 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. 1114(k). Autol - Calahorra Motorway (LR-282) Km 7,Calahorra (La Rioja) - info@torremaciel.com - +34 941163021 - +34 941163493. 4.104 Schedule of ratings - cardiovascular system. Pressing enter in the search box 4.126 Evaluation of disability from mental disorders. result, it may not include the most recent changes applied to the CFR. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. View the Title 38 Code of Federal Regulations documents. This contact form is only for website help or website suggestions. This is an automated process for Remember, you dont have to use actual metrics and you dont need data. (j) Special aid and attendance benefit for residuals of traumatic brain injury (38 U.S.C. 4.129 Mental disorders due to traumatic stress. 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. U.S. Department of Veterans Affairs | 810 Vermont Avenue, NW Washington DC 20420. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized. View the most recent official publication: These links go to the official, published CFR, which is updated annually. The criteria for determining that a veteran is so helpless as to be in need of regular aid and attendance are contained in 3.352(a). 4.17 Total disability ratings for pension based on unemployability and age of the individual. 4.115b Ratings of the genitourinary system - diagnoses. 4.124a Schedule of ratings - neurological conditions and convulsive disorders. The special monthly compensation provided by 38 U.S.C. The boat is currently awaiting a carb rebuild after . WebTitle 38 Volume 1 Chapter I Part 4 Subpart B. Subpart B - Disability Ratings. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Power of attorney reg 262 Get the up-to-date power of attorney reg 262 2022 now Get Form Show details 4. 1114(m). 4.71 Measurement of ankylosis and joint motion. | https://codes.findlaw.com/cfr/title-38-pensions-bonuses-and-veterans-relief/cfr-pt-38-4-app-c/. 1 CFR 1.1 4.114 Schedule of ratings - digestive system. Resolution of reasonable doubt. 4.114 Schedule of ratings - digestive system. 1/1.1 Class B license with Air Brakes. 1114(k) who establishes a factual need for regular aid and attendance or a higher level of care, is also entitled to an additional allowance during periods he or she is not hospitalized at United States Government expense. 1114(m) and (n). 1114 (n) and (o) plus special monthly compensation under 38 U.S.C. 4.100 Application of the evaluation criteria for diagnostic codes 7000-7007, 7011, and 7015-7020. (1) For a veteran who was receiving or entitled to receive compensation for tuberculosis on August 19, 1968, the minimum monthly rate is $67. Authority: 38 U.S.C. 5/200 visual acuity or less bilaterally qualifies for entitlement under 38 U.S.C. 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. 4.71a Schedule of ratings - musculoskeletal system. full text search results 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. (3) Additional independent 50 percent disabilities. Book B - Adjudication. 4.130 Schedule of ratings - Mental disorders. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. 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. Determinations must be based upon separate and distinct disabilities. In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. General Schedule Base Pay Table for 2010. 4.89 Ratings for inactive nonpulmonary tuberculosis in effect on August 19, 1968. (ix) 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 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 special monthly compensation provided by 38 U.S.C. Special monthly compensation under 38 U.S.C. Stay up-to-date with how the law affects your life. 1114(r)(1). I have a '99 Force/Mercury 40hp. 501, 38 U.S.C. Choosing an item from 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. WebTitle 38 was last amended 2/22/2023. 1114 (m) and (n). 4.76a Computation of average concentric contraction of visual fields. 1114(r)(2), and in the absence of such regular aid and attendance would require hospitalization, nursing home care, or other residential institutional care. 4.88c Ratings for inactive nonpulmonary tuberculosis initially entitled after August 19, 1968. (3) Combinations. (2) Entitlement to compensation at the intermediate rate between 38 U.S.C. The system consists of two components: General Schedule pay without locality (Title 5) and Market Pay (Title 38). will bring you to those results. Choosing an item from 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. 4.127 Intellectual disability (intellectual developmental disorder) and personality disorders. 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. 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For website help or website suggestions of visual fields Form with step-by-step instructions age of the aid.