[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR4.15]



[Page 367]

 

            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. 4.15  Total disability ratings.



    The ability to overcome the handicap of disability varies widely 

among individuals. The rating, however, is based primarily upon the 

average impairment in earning capacity, that is, upon the economic or 

industrial handicap which must be overcome and not from individual 

success in overcoming it. However, full consideration must be given to 

unusual physical or mental effects in individual cases, to peculiar 

effects of occupational activities, to defects in physical or mental 

endowment preventing the usual amount of success in overcoming the 

handicap of disability and to the effect of combinations of disability. 

Total disability will be considered to exist when there is present any 

impairment of mind or body which is sufficient to render it impossible 

for the average person to follow a substantially gainful occupation; 

Provided, That permanent total disability shall be taken to exist when 

the impairment is reasonably certain to continue throughout the life of 

the disabled person. The following will be considered to be permanent 

total disability: the permanent loss of the use of both hands, or of 

both feet, or of one hand and one foot, or of the sight of both eyes, or 

becoming permanently helpless or permanently bedridden. Other total 

disability ratings are scheduled in the various bodily systems of this 

schedule.