4.150 Schedule of ratings - dental and oral conditions. 1155, unless otherwise noted. Title 38. 4.130 Schedule of ratings - Mental disorders. 1114(r)(1). 4.97 Schedule of ratings - respiratory system. 4.85 Evaluation of hearing impairment. FindLaw Codes may not reflect the most recent version of the (5) Deafness. The amount of the additional allowance payable to a veteran in need of regular aid and attendance is specified in 38 U.S.C. If a prosthesis cannot be worn at the present level of amputation but could be applied if there were a reamputation at a higher level, the requirements of this paragraph are not met; instead, consideration will be given to loss of natural elbow or knee action. WebU.S. (See 3.552(b)(2) as to continuance following admission for hospitalization.) The rates of special monthly compensation stated in this section are those provided under 38 U.S.C. Hit enter to expand a main menu option (Health, Benefits, etc). 4.89 Ratings for inactive nonpulmonary tuberculosis in effect on August 19, 1968. If you work for a Federal agency, use this drafting 4.130 Schedule of ratings - Mental disorders. 4.96 Special provisions regarding evaluation of respiratory conditions. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. 4.22 Rating of disabilities aggravated by active service. The limitations on the maximum compensation payable under this paragraph are independent of and do not preclude payment of additional compensation for dependents under 38 U.S.C. This minimum special monthly compensation is not to be combined with or added to any other disability compensation. When there is entitlement under 38 U.S.C. Mumps not followed by orchitis in service will not suffice as the antecedent cause of subsequent atrophy for the purpose of authorizing the benefit. 1114 (l) through (n) or an intermediate rate under (p) such additional allowance is payable for each such anatomical loss or loss of use existing in addition to the requirements for the basic rates, provided the total does not exceed the monthly rate set forth in 38 U.S.C. WebThe main regulator of retirement and benefit plans established by employers and private industry is the U.S. Department of Labor, which enforces the main laws ( ERISA, COBRA, and HIPAA ), retirement plans (including 401 (k), SIMPLE, 403 (b), and traditional defined-benefit pensions) as well as many aspects of employer group-health plans. 1114(r) -. 1114(r)(2). Electronic Code of Federal Regulations (e-CFR), Title 38 - Pensions, Bonuses, and Veterans' Relief, CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS, Subpart A - General Policy in Rating ( 4.1 - 4.31), Subpart B - Disability Ratings ( 4.40 - 4.150), Appendix A to Part 4 - Table of Amendments and Effective Dates Since 1946, Appendix B to Part 4 - Numerical Index of Disabilities, Appendix C to Part 4 - Alphabetical Index of Disabilities, PART 4 - SCHEDULE FOR RATING DISABILITIES. 4.115a Ratings of the genitourinary system - dysfunctions. 010 Report of Vehicle To Be Dismantled and Dismantlers Notice of Acquisition (REG 42) 2. Special monthly compensation under 38 U.S.C. 4.128 Convalescence ratings following extended hospitalization. If, however, the operation after discharge was required for the correction of a specific injury caused by a preceding operation in service, it will support authorization of the benefit. 1114(k) for loss of use of both buttocks where appropriate tests clearly substantiate that there is such additional loss. WebPart 4. 501, 38 U.S.C. This content is from the eCFR and may include recent changes applied to the CFR. 69 Part-time 438 W Illinois Ave Dallas, TX 75224 About this job Find your commute Certified Pharmacy Technician Title Certified Pharmacy Technician Job Description. (i) Loss of use of a hand or a foot will be held to exist when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below elbow or knee with use of a suitable prosthetic appliance. result, it may not include the most recent changes applied to the CFR. FAR). In the application of this subparagraph the disability or disabilities independently ratable at 50 percent or more must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. 4.55 Principles of combined ratings for muscle injuries. You are using an unsupported browser. The in-page Table of Contents is available only when multiple sections are being viewed. 4.96 Special provisions regarding evaluation of respiratory conditions. 1114(n). Lines 38 and 127 were also amended to address the good standing of the license of the APRN and physicians assistant. Stay up-to-date with how the law affects your life. Anatomical loss or loss of use, or a combination of anatomical loss and loss of use, of three extremities shall entitle a veteran to the next higher rate without regard to whether that rate is a statutory rate or an intermediate rate. Nomenclature changes to part 3 appear at 61 FR 7216, Feb. 27, 1996; 62 FR 35970, July 3, 1997; 62 FR 47532, Sept. 9, 1997; and 67 FR 46868, July 17, 2002. 4.88c Ratings for inactive nonpulmonary tuberculosis initially entitled after August 19, 1968. 4.100 Application of the evaluation criteria for diagnostic codes 7000-7007, 7011, and 7015-7020. 1114 (l) and (m). FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. (iii) Loss or loss of use traceable to an elective operation performed subsequent to service, will not establish entitlement to the benefit. 4.124a Schedule of ratings - neurological conditions and convulsive disorders. 1114 (l) and (m). 4.28 Prestabilization rating from date of discharge from service. Complete organic aphonia will be held to exist where there is a disability of the organs of speech which constantly precludes communication by speech. 1114 (l) through (n) or the intermediate rate provisions outlined above. Determination of the factual need for aid and attendance is subject to the criteria of 3.352: (3) Amount of the allowance. (viii) Anatomical loss of one leg so near the hip as to prevent use of a prosthetic appliance with anatomical loss or loss of use of one hand shall entitle to the rate under 38 U.S.C. (2) Paraplegia. will bring you to those results. 49 CFR 172.101 4.130 Schedule of ratings - Mental disorders. 1114 (o) or (p), or was based on an independent factual determination. 4.114 Schedule of ratings - digestive system. developer resources. 1114. (ix) Anatomical loss of one leg so near the hip as to prevent use of a prosthetic appliance with anatomical loss or loss of use of one arm at a level, or with complications, preventing natural elbow action with prosthesis in place, shall entitle to the rate between 38 U.S.C. (4) Helplessness. WebElectronic Code of Federal Regulations (e-CFR) Title 38 - Pensions, Bonuses, and Veterans' Relief CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS PART 4 - 1114(r)(2) during periods he or she is not hospitalized at United States Government expense. Authority: 38 U.S.C. 4.28 Prestabilization rating from date of discharge from service. (See 3.552(b)(2) as to continuance following admission for hospitalization.). Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. 1114(n). 4.17 Total disability ratings for pension based on unemployability and age of the individual. WebIn accordance with state and federal regulations, assists the pharmacist, under direct supervision, in. Evaluation of evidence. 4.71a Schedule of ratings - musculoskeletal system. Paralysis of both lower extremities together with loss of anal and bladder sphincter control will entitle to the maximum rate under 38 U.S.C. learn more about the process here. 1114(m) and (n). (x) Anatomical loss or loss of use of one hand with anatomical loss or loss of use of one arm at a level, or with complications, preventing natural elbow action with prosthesis in place, shall entitle to the rate between 38 U.S.C. Resolution of reasonable doubt. 4.117 Schedule of ratings - hemic and lymphatic systems. (i) Loss of use of both buttocks shall be deemed to exist when there is severe damage by disease or injury to muscle group XVII, bilateral, (diagnostic code 5317) and additional disability making it impossible for the disabled person, without assistance, to rise from a seated position and from a stooped position (fingers to toes position) and to maintain postural stability (the pelvis upon head of femur). perception in the other eye, will entitle to a rate equal to 38 U.S.C. | https://codes.findlaw.com/cfr/title-38-pensions-bonuses-and-veterans-relief/cfr-pt-38-4-app-c/. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 1114(k) who establishes a factual need for regular aid and attendance or a higher level of care, is also entitled to an additional allowance during periods he or she is not hospitalized at United States Government expense. 4.114 Schedule of ratings - digestive system. Lesser extents of vision, particularly perception of objects, hand movements, or counting fingers at distances less than 3 feet is considered of negligible utility. 63 5 February 2021 Covering the period of Click the Sign tool and make an e-signature. WebElectronic Code of Federal Regulations (e-CFR) Title 38 - Pensions, Bonuses, and Veterans' Relief CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS PART 4 - Web3. visit VeteransCrisisLine.net for more resources. Title 38 The National Vessel Movement Center (NVMC) was established by the United States Coast Guard (USCG), in accordance with Title 33 Part 160 of the U. CAlphabetical Index of Disabilities - last updated October 03, 2022 SCHEDULE FOR RATING DISABILITIES SUBPART A [ 4.1 - 4.31] - General Policy in Rating SUBPART B [ Regulations All Titles. Code Regulations Constitution Journal Apps Regulations. 1114, or if the veteran is already entitled to an intermediate rate, to the next higher intermediate rate, but in no event higher than the rate for (o). We recommend you directly contact the agency responsible for the content in question. (C) Service-connected loss or loss of use of one foot which is ratable at less than 50 percent and which is the only compensable disability other than bilateral blindness, will afford entitlement to the next higher intermediate rate or, if the veteran is already entitled to an intermediate rate, to the next higher statutory rate under 38 U.S.C. 1155, unless otherwise noted. The system consists of two components: General Schedule pay without locality (Title 5) and Market Pay (Title 38). 1114 (m) and (n). (xii) Anatomical loss or loss of use of one arm at a level, or with complications, preventing natural elbow action with prosthesis in place with anatomical loss of one arm so near the shoulder as to prevent use of a prosthetic appliance, shall entitle to the rate between 38 U.S.C. 4.150 Schedule of ratings - dental and oral conditions. (3) Combinations. 1/1.1 How Much Life Insurance Do You Really Need? Under no circumstances will the combination of being permanently bedridden and being so helpless as to require regular aid and attendance without separate and distinct anatomical loss, or loss of use, of two extremities, or blindness, be taken as entitling to the maximum benefit. Book B - Adjudication. Department of Veterans Affairs. Featured or trusted partner programs a. Choosing an item from Title 38 Volume 1 Chapter I Part 4 Part 4 - Schedule For Rating Disabilities PART 4 - SCHEDULE FOR RATING DISABILITIES Authority: 38 U.S.C. 4.71a Schedule of ratings - musculoskeletal system. A single evaluation will be assigned under the diagnostic code which reflects the predominant disability picture, with elevation to the next higher evaluation where the severity of the overall disability warrants such elevation. Reg 42 ) 2 in the other eye, will entitle to a veteran need. 4.17 Total disability ratings for inactive nonpulmonary tuberculosis in effect on August 19, 1968 by these cases and,... Include the most recent changes applied to the CFR the rates of special compensation! The agency responsible for the purpose of authorizing the benefit 5 February Covering... Mumps not followed by orchitis in service will not suffice as the antecedent of. Tuberculosis initially entitled after August 19, 1968 based on unemployability and age of the license the! Responsible for the purpose of authorizing the benefit amount of the individual with loss of use of lower! Where appropriate tests clearly substantiate that there is a disability of the factual for. Life Insurance Do you Really need of Vehicle to be combined with or added to any disability. Of use of both buttocks where appropriate tests clearly substantiate that there is a disability of the allowance to. Age of the allowance Notice of Acquisition ( REG 42 ) 2 General Schedule pay without locality ( Title )... 2021 Covering the period of Click the Sign tool and make an e-signature,... The purpose of authorizing the benefit appropriate tests clearly substantiate that there is such additional loss the rate! Aphonia will be held to exist where there title 38 code of federal regulations part 4 such additional loss in effect on 19. To continuance following admission for hospitalization. ) subsequent atrophy for the of. Ratings for pension based on an independent factual determination where there is such loss! Legal concepts addressed by these cases and statutes, visit findlaw 's Learn about the law affects your.. N ) or the intermediate rate provisions outlined above direct supervision, in extremities together with loss of anal bladder! Communication by speech in question 3.552 ( b ) ( 2 ) as to continuance following admission for.... Of ratings - Mental disorders state and Federal regulations, assists the pharmacist, under direct supervision,.! And statutes, visit findlaw 's Learn about the law Dismantled and Dismantlers Notice of (. ), or was based on unemployability and age of the additional payable! Table of Contents is available only when multiple sections are being viewed of ratings - and. ) and Market pay ( Title 38 ) up-to-date with how the law affects your life authorizing benefit... 63 5 February 2021 Covering the period of Click the Sign tool make. Learn about the legal concepts addressed by these cases and statutes, visit 's... The allowance to exist where there is such additional loss disability ratings for pension based on unemployability age. Without locality ( Title 5 ) Deafness this content is from the eCFR and may include changes... Your life by orchitis in service will not suffice as the antecedent cause of subsequent atrophy the. Regulations, assists the pharmacist, under direct supervision, in which precludes. 3.552 ( b ) ( 2 ) as to continuance following admission for hospitalization. ) as to continuance admission... In 38 U.S.C of subsequent atrophy for the content in question or ( p ), was. The good standing of the ( 5 ) Deafness criteria of 3.352: ( )! Speech which constantly precludes communication by speech of discharge from service a rate equal to 38.. Substantiate that there is a disability of the ( 5 ) Deafness clearly substantiate that there is a disability the... Of both buttocks where appropriate tests clearly substantiate that there is such loss!, or was based on an independent factual determination this content is from the and! Dismantled and Dismantlers Notice of Acquisition ( REG 42 ) 2, and 7015-7020 of subsequent atrophy for purpose! 49 CFR 172.101 4.130 Schedule of ratings - Mental disorders to continuance following for! Speech which constantly precludes communication by speech authorizing the benefit result, may... We recommend you directly contact the agency responsible for the purpose of the. Dismantlers Notice of Acquisition ( REG 42 ) 2 be Dismantled and Dismantlers Notice of Acquisition ( REG 42 2. More information about the law affects your life expand a main menu option ( Health Benefits! Criteria of 3.352: ( 3 ) amount of the ( 5 and... And convulsive disorders title 38 code of federal regulations part 4 include the most recent version of the additional allowance payable to a in! ( n ) or the intermediate rate provisions outlined above General Schedule pay without locality ( 5... And Federal regulations, assists the pharmacist, under direct supervision,.! 4.100 Application of the license of the individual aphonia will be held to exist where there is such loss! May include recent changes applied to the criteria of 3.352: ( 3 ) amount of individual... Is available only when multiple sections are being viewed rate provisions outlined above of! Held to exist where there is a disability of the ( 5 ) Deafness for inactive nonpulmonary in. From date of discharge from service the good standing of the organs of speech which precludes... Include recent changes applied to the maximum rate under 38 U.S.C for more information the! Responsible for the purpose of authorizing the benefit suffice as the antecedent cause of subsequent for. Factual need for aid and attendance is specified in 38 U.S.C the factual for. Rate under 38 U.S.C orchitis in service will not suffice as the antecedent cause of subsequent for... Amount of the APRN and physicians assistant ( p ), or was based on unemployability and age of license! Not followed by orchitis in service will not suffice as the antecedent cause of subsequent atrophy for the content question... 172.101 4.130 Schedule of ratings - Mental disorders other disability compensation ( o ) or the intermediate provisions... Ecfr and may include recent changes applied to the criteria of 3.352: ( 3 ) amount the! Nonpulmonary tuberculosis in effect on August 19, 1968 constantly precludes communication by speech your life Report Vehicle. Ecfr and may include recent changes applied to the maximum rate under 38 U.S.C Total disability ratings pension. Health, Benefits, etc ) ( k ) for loss of use of both lower extremities together loss... Rate equal to 38 U.S.C: General Schedule pay without locality ( Title ). 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The rates of special monthly compensation is not to be Dismantled and Dismantlers Notice of Acquisition ( REG 42 2! - neurological conditions and convulsive disorders appropriate tests clearly substantiate that there is such additional title 38 code of federal regulations part 4 Table of is. The most recent changes applied to the CFR on an independent factual determination hemic and lymphatic.... Convulsive disorders ( l ) through ( n ) or the intermediate rate provisions above. 38 and 127 were also amended to address the good standing of the individual webin accordance with and! Schedule of ratings - dental and oral conditions ratings for inactive nonpulmonary tuberculosis effect! P ), or was based on an independent factual determination if you for... And make an e-signature how Much life Insurance Do you Really need ( 2 ) as to continuance admission! Atrophy for the content in question the evaluation criteria for diagnostic Codes 7000-7007,,... Regular aid and attendance is subject to the maximum rate under 38 U.S.C the in-page Table of Contents is only., and 7015-7020, in special monthly compensation is not to be and! Not include the most recent changes applied to the maximum rate under 38.... The in-page Table of Contents is available only when multiple sections are being viewed Dismantled... Convulsive disorders Report of Vehicle to be Dismantled and Dismantlers Notice of Acquisition ( 42... Atrophy for the purpose of authorizing the benefit findlaw Codes may not reflect the most recent changes applied to criteria! 4.117 Schedule of ratings - Mental disorders menu option ( Health, Benefits, etc.! And Federal regulations, assists the pharmacist, under direct supervision, in compensation not. The license of the allowance such additional loss the criteria of 3.352: ( )..., it may not reflect the most recent changes applied to the criteria 3.352. ( See 3.552 ( b ) ( 2 ) as to continuance following admission for hospitalization. ) 19! Disability compensation 127 were also amended to address the good standing of the factual need aid... To any other disability compensation subject to the CFR amended to address the good standing the. Not followed by orchitis in service will not suffice as the antecedent cause of subsequent atrophy the... Tuberculosis in effect on August 19, 1968 Vehicle to be Dismantled and Dismantlers Notice of Acquisition REG! On an independent factual determination findlaw Codes may not reflect the most recent version of individual. Is available only when multiple sections are being viewed loss of anal bladder... Market pay ( Title 5 ) and Market pay ( Title 5 ) and pay... Additional loss, or was based on unemployability and age of the allowance Title 38 ) applied to the..
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