[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: 38CFR4.22]



[Page 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. 4.22  Rating of disabilities aggravated by active service.



    In cases involving aggravation by active service, the rating will 

reflect only the degree of disability over and above the degree existing 

at the time of entrance into the active service, whether the particular 

condition was noted at the time of entrance into the active service, or 

it is determined upon the evidence of record to have existed at that 

time. It is necessary therefore, in all cases of this character to 

deduct from the present degree of disability the degree, if 

ascertainable, of the disability existing at the time of entrance into 

active service, in terms of the rating schedule, except that if the 

disability is total (100 percent) no deduction will be made. The 

resulting difference will be recorded on the rating sheet. If the degree 

of disability at the time of entrance into the service is not 

ascertainable in terms of the schedule, no deduction will be made.