[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: 38CFR4.28]



[Page 373]

 

            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. 4.28  Prestabilization rating from date of discharge from service.



    The following ratings may be assigned, in lieu of ratings prescribed 

elsewhere, under the conditions stated for disability from any disease 

or injury. The prestabilization rating is not to be assigned in any case 

in which a total rating is immediately assignable under the regular 

provisions of the schedule or on the basis of individual 

unemployability. The prestabilization 50-percent rating is not to be 

used in any case in which a rating of 50 percent or more is immediately 

assignable under the regular provisions.



------------------------------------------------------------------------

                                                                Rating

------------------------------------------------------------------------

Unstabilized condition with severe disability--

  Substantially gainful employment is not feasible or                100

   advisable................................................

Unhealed or incompletely healed wounds or injuries--

  Material impairment of employability likely...............          50

------------------------------------------------------------------------





    Note (1): Department of Veterans Affairs examination is not required 

prior to assignment of prestabilization ratings; however, the fact that 

examination was accomplished will not preclude assignment of these 

benefits. Prestabilization ratings are for assignment in the immediate 

postdischarge period. They will continue for a 12-month period following 

discharge from service. However, prestabilization ratings may be changed 

to a regular schedular total rating or one authorizing a greater benefit 

at any time. In each prestabilization rating an examination will be 

requested to be accomplished not earlier than 6 months nor more than 12 

months following discharge. In those prestabilization ratings in which 

following examination reduction in evaluation is found to be warranted, 

the higher evaluation will be continued to the end of the 12th month 

following discharge or to the end of the period provided under Sec. 

3.105(e) of this chapter, whichever is later. Special monthly 

compensation should be assigned concurrently in these cases whenever 

records are adequate to establish entitlement.

    Note (2): Diagnosis of disease, injury, or residuals will be cited, 

with diagnostic code number assigned from this rating schedule for 

conditions listed therein.



[35 FR 11906, July 24, 1970]