[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR4.17a]

[Page 367]
 
            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]