[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: 38CFR4.18]



[Page 368-369]

 

            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. 4.18  Unemployability.



    A veteran may be considered as unemployable upon termination of 

employment which was provided on account of disability, or in which 

special consideration was given on account of the same, when it is 

satisfactorily shown that he or she is unable to secure further 

employment. With amputations, sequelae of fractures and other residuals 

of traumatism shown to be of



[[Page 369]]



static character, a showing of continuous unemployability from date of 

incurrence, or the date the condition reached the stabilized level, is a 

general requirement in order to establish the fact that present 

unemployability is the result of the disability. However, consideration 

is to be given to the circumstances of employment in individual claims, 

and, if the employment was only occasional, intermittent, tryout or 

unsuccessful, or eventually terminated on account of the disability, 

present unemployability may be attributed to the static disability. 

Where unemployability for pension previously has been established on the 

basis of combined service-connected and nonservice-connected 

disabilities and the service-connected disability or disabilities have 

increased in severity, Sec. 4.16 is for consideration.



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