[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: 38CFR4.17]



[Page 368]

 

            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 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]