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); or, (B) Service-connected loss or loss of use of one foot which by itself or in combination with another compensable disability would be ratable at 50 percent or more, will afford entitlement to the next higher statutory rate under 38 U.S.C. Pensions, Bonuses, and Veterans' Relief 38 CFR Pt. 1114(t)). 4.56 Evaluation of muscle disabilities. Book B - Adjudication. 4.116 Schedule of ratings - gynecological conditions and disorders of the breast. 1114(l) and (m). The Office of the Federal Register publishes documents on behalf of Federal agencies but does not have any authority over their programs. The amount of the additional allowance payable to a veteran in need of a higher level of care is specified in 38 U.S.C. The special monthly compensation provided by 38 U.S.C. 4.117 Schedule of ratings - hemic and lymphatic systems. Source:29 FR 6718, May 22, 1964, unless otherwise noted. Web3. Microsoft Edge, Google Chrome, Mozilla Firefox, or Safari. 1114(l) when authorized in conjunction with any of the provisions of 38 U.S.C. In addition to the statutory rates payable under 38 U.S.C. You will now be able to tab or arrow up or down through the submenu options to access/activate the submenu links. 1114(r) -. Pensions, Bonuses, and Veterans' Relief, https://codes.findlaw.com/cfr/title-38-pensions-bonuses-and-veterans-relief/cfr-pt-38-4-app-c/, Read this complete Code of Federal Regulations Title 38. 1114 (o) or (p), or was based on an independent factual determination. The maximum rate, as a result of including helplessness as one of the entitling multiple disabilities, is intended to cover, in addition to obvious losses and blindness, conditions such as the loss of use of two extremities with absolute deafness and nearly total blindness or with severe multiple injuries producing total disability outside the useless extremities, these conditions being construed as loss of use of two extremities and helplessness. This minimum special monthly compensation is not to be combined with or added to any other disability compensation. Stay up-to-date with how the law affects your life. 4.117 Schedule of ratings - hemic and lymphatic systems. Contact us. 49 CFR 172.101 4.89 Ratings for inactive nonpulmonary tuberculosis in effect on August 19, 1968. gtag('config', 'UA-53164437-4'); 4.42 Complete medical examination of injury cases. Choosing an item from The Code of Federal Regulations (CFR) is the official legal print publication containing the codification of the general and permanent rules published in the Federal Register by the departments and agencies of the Federal Government. (v) Blindness in both eyes having only light perception or less, or rated under subparagraph (2)(iii) of this paragraph, when accompanied by bilateral deafness (and the hearing impairment in either one or both ears is service-connected) rated at 10 or 20 percent disabling, 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. 1114(k). 4.97 Schedule of ratings - respiratory system. View the Title 38 Code of Federal Regulations documents. 4.88c Ratings for inactive nonpulmonary tuberculosis initially entitled after August 19, 1968. menu. 4.85 Evaluation of hearing impairment. guide. 4.75 General considerations for evaluating visual impairment. 1114(m) and (n). Web38 CFR Book C, Schedule for Rating Disabilities Supplements Appendices 4.1 - 4.31 - Subpart A - General Policy in Rating Subpart B - Subpart B - Disability Rating 4.40 - 4.73 1114(o). 18, 2009; 83 FR 20736, May 8, 2018]. 010 Report of Vehicle To Be Dismantled and Dismantlers Notice of Acquisition (REG 42) 2. Pressing enter in the search box 63 5 February 2021 Covering the period of The requirement of loss of anal and bladder sphincter control is met even though incontinence has been overcome under a strict regimen of rehabilitation of bowel and bladder training and other auxiliary measures. 4.104 Schedule of ratings - cardiovascular system. (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. Web5546 (b) and 5 CFR 550. The following state regulations pages link to this page. Copyright 2023, Thomson Reuters. 501, 38 U.S.C. 1114 (n) and (o) plus special monthly compensation under 38 U.S.C. 1114, but in no event higher than the rate for (o). Pensions, Bonuses, and Veterans' Relief. (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. FAR). Class B license with Air Brakes. Background and more details are available in the (2) Paraplegia. Featured or trusted partner programs a. Chapter I. Navigate by entering citations or phrases You are welcome to and encouraged to re-use content from the first two assignments. (1) Maximum compensation cases. 4.127 Intellectual disability (intellectual developmental disorder) and personality disorders. (a) Ratings under 38 U.S.C. (iv) Anatomical loss or loss of use of one foot with anatomical loss or loss of use of one arm so near the shoulder as to prevent use of a prosthetic appliance shall entitle to the rate under 38 U.S.C. 4.55 Principles of combined ratings for muscle injuries. Authority: 38 U.S.C. (c) If neither of the conditions (a) or (b) is met, when a biopsy, recommended by a board including a genitourologist and accepted by the veteran, establishes the absence of spermatozoa. 1114 (l) and (m). 4.116 Schedule of ratings - gynecological conditions and disorders of the breast. (1) Extremities. 37 payment during lives of both co- owners. If you have questions for the Agency that issued the current document please contact the agency directly. 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. 4.114 Schedule of ratings - digestive system. This web site is designed for the current versions of 4.28 Prestabilization rating from date of discharge from service. 4.127 Intellectual disability (intellectual developmental disorder) and personality disorders. Suscrbete a nuestro boletin de noticias. 4.88b Schedule of ratings - infectious diseases, immune disorders and nutritional deficiencies. When there is entitlement under 38 U.S.C. The maximum monthly payment under this provision may not exceed the amount stated in 38 U.S.C. Cite this article: FindLaw.com - Code of Federal Regulations Title 38. Resolution of reasonable doubt. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 1114(r)(1). WebElectronic Code of Federal Regulations (e-CFR) Title 38 - Pensions, Bonuses, and Veterans' Relief CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS PART 4 - 1114(k). Web( 1) The special monthly compensation provided by 38 U.S.C. The rates of special monthly compensation stated in this section are those provided under 38 U.S.C. 4.128 Convalescence ratings following extended hospitalization. 4.86 Exceptional patterns of hearing impairment. The criteria for determining that a veteran is so helpless as to be in need of regular aid and attendance are contained in 3.352(a). Search & Navigation Source: 29 FR 6718, May 22, 1964, unless otherwise noted. 4.73 Schedule of ratings - muscle injuries. Department of Veterans Affairs. 4.150 Schedule of ratings - dental and oral conditions. The boat is currently awaiting a carb rebuild after . (i) Total plus 60 percent, or housebound; 38 U.S.C. The rating criteria for determining inactivity of tuberculosis are set out in 3.375. perception in the other eye, will entitle to a rate equal to 38 U.S.C. How Much Life Insurance Do You Really Need? 1114(m). 4.130 Schedule of ratings - Mental disorders. (vii) Blindness in both eyes rated under 38 U.S.C. (vii) Anatomical loss or loss of use of one leg at a level, or with complications, preventing natural knee 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. 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. Pensions, Bonuses, and Veterans' Relief 38.36.4251 Loans to finance the purchase of manufactured homes and the cost of necessary site preparation Current as of October 03, 2022 | Updated by FindLaw Staff FSGLI: Family Servicemembers Group Life Insurance, Schedule of Payments for Traumatic Losses, S-DVI: Service-Disabled Veterans Life Insurance, Beneficiary Financial Counseling and Online Will, Lesbian Gay, Bisexual & Transgender Veterans, Outreach, Transition and Economic Development Materials, Veteran Readiness and Employment Materials, Court of Appeals for Veteran Claims (CAVC). 1/1.1 Please switch auto forms mode to off. '; In the application of this subparagraph the single permanent disability independently ratable at 100 percent must be separate and distinct and involve different anatomical segments or bodily systems from the conditions establishing entitlement under 38 U.S.C. In determining whether there is natural elbow or knee action with prosthesis in place, consideration will be based on whether use of the proper prosthetic appliance requires natural use of the joint, or whether necessary motion is otherwise controlled, so that the muscles affecting joint motion, if not already atrophied, will become so. 4.76a Computation of average concentric contraction of visual fields. A fusion of tradition, modernity and surroundings. (i) Anatomical loss or loss of use of one foot with anatomical loss or loss of use of one leg at a level, or with complications preventing natural knee action with prosthesis in place, shall entitle to the rate between 38 U.S.C. (2) Entitlement to compensation at the intermediate rate between 38 U.S.C. 1114(t) is payable to a veteran who, as the result of service-connected disability, is in need of regular aid and attendance for the residuals of traumatic brain injury, is not eligible for compensation under 38 U.S.C. 1114 (l) and (m). 4.116 Schedule of ratings - gynecological conditions and disorders of the breast. 1114(r). 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. Choosing an item from A separate drafting site 1114(r)(2), and in the absence of such regular aid and attendance would require hospitalization, nursing home care, or other residential institutional care. 15, 1980; 46 FR 47541, Sept. 29, 1981; 48 FR 41161, Sept. 14, 1983; 49 FR 47003, Nov. 30, 1984; 54 FR 34981, Aug. 23, 1989; 60 FR 12886, Mar. (5) Three extremities. 38 U.S.C. 1114 (a) through (j) or (s). It is not an official legal edition of the CFR. 4.128 Convalescence ratings following extended hospitalization. WebElectronic Code of Federal Regulations (e-CFR) Title 38 - Pensions, Bonuses, and Veterans' Relief; CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS; 7202 Tongue, loss of whole or part: With inability to communicate by speech: 100 One-half or more: 60 With marked speech impairment: 30 (iv) Atrophy resulting from mumps followed by orchitis in service is service connected. 4.96 Special provisions regarding evaluation of respiratory conditions. 4.75 General considerations for evaluating visual impairment. 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. 4.115a Ratings of the genitourinary system - dysfunctions. We recommend you directly contact the agency responsible for the content in question. WebPensions, Bonuses, and Veterans' Relief 38 CFR Pt. If you work for a Federal agency, use this drafting 1114(l) is payable for anatomical loss or loss of use of both feet, one hand and one foot, blindness in both eyes with visual acuity of 5/200 or less or being permanently bedridden or so helpless as to be in need of regular aid and attendance. You are using an unsupported browser. This contact form is only for website help or website suggestions. 1114(l) through (n)) will not preclude additional compensation under 38 U.S.C. Regulation Y learn more about the process here. 1964, unless otherwise noted by 38 U.S.C the CFR and disorders of the breast section those... 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