[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: 38CFR4.17a]



[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. 4.17a  Misconduct etiology.



    A permanent and total disability rating under the provisions of 

Sec. Sec. 4.15, 4.16 and 4.17 will not be precluded by reason of the 

coexistence of misconduct disability when:

    (a) A veteran, regardless of employment status, also has innocently 

acquired 100 percent disability, or

    (b) Where unemployable, the veteran has other disabilities 

innocently acquired which meet the percentage requirements of Sec. Sec. 

4.16 and 4.17 and would render, in the judgment of the rating agency, 

the average person unable to secure or follow a substantially gainful 

occupation.



[40 FR 42536, Sept. 15, 1975, as amended at 43 FR 45349, Oct. 2, 1978]