[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR4.17]

[Page 365-366]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents
 
                   Subpart A_General Policy in Rating
 
Sec. 4.17  Total disability ratings for pension based on unemployability 
and age of the individual.

    All veterans who are basically eligible and who are unable to secure 
and follow a substantially gainful occupation by reason of disabilities 
which are likely to be permanent shall be rated as permanently and 
totally disabled. For the purpose of pension, the permanence of the 
percentage requirements of Sec. 4.16 is a requisite. When the 
percentage requirements are met, and the disabilities involved are of a 
permanent nature, a rating of permanent and total disability will be 
assigned if the veteran is found to be unable to secure and follow 
substantially gainful employment by reason of such disability. Prior 
employment or unemployment status is immaterial if in the judgment

[[Page 366]]

of the rating board the veteran's disabilities render him or her 
unemployable. In making such determinations, the following guidelines 
will be used:
    (a) Marginal employment, for example, as a self-employed farmer or 
other person, while employed in his or her own business, or at odd jobs 
or while employed at less than half the usual remuneration will not be 
considered incompatible with a determination of unemployability, if the 
restriction, as to securing or retaining better employment, is due to 
disability.
    (b) Claims of all veterans who fail to meet the percentage standards 
but who meet the basic entitlement criteria and are unemployable, will 
be referred by the rating board to the Adjudication Officer under Sec. 
3.321(b)(2) of this chapter.

(Authority: 38 U.S.C. 1155; 38 U.S.C. 3102)

[43 FR 45348, Oct. 2, 1978, as amended at 56 FR 57985, Nov. 15, 1991]