Contact us. Remember, you dont have to use actual metrics and you dont need data. Chapter I. (ii) Special monthly compensation for loss or loss of use of both lower extremities (38 U.S.C. 5/200 visual acuity or less bilaterally qualifies for entitlement under 38 U.S.C. An operation is not considered to be one of election where it is advised on sound medical judgment for the relief of a pathological condition or to prevent possible future pathological consequences. 4.129 Mental disorders due to traumatic stress. The special monthly compensation provided by 38 U.S.C. 1114(r) -. (i) Where the multiple loss or loss of use entitlement to a statutory or intermediate rate between 38 U.S.C. 1114(t)), [26 FR 1587, Feb. 24, 1961, as amended at 27 FR 4739, May 18, 1962; 28 FR 1587, Feb. 20, 1963; 28 FR 5671, June 11, 1963; 40 FR 54245, Nov. 21, 1975; 45 FR 25392, Apr. 4.114 Schedule of ratings - digestive system. 4.71 Measurement of ankylosis and joint motion. 4.71 Measurement of ankylosis and joint motion. To access the menus on this page please perform the following steps. (iv) Blindness in both eyes with visual acuity of 5/200 or less, or blindness in both eyes rated under subparagraph (2) (i) or (ii) of this paragraph, when accompanied by service-connected total deafness in one ear, will afford entitlement to the next higher intermediate rate of if the veteran is already entitled to an intermediate rate, to the next higher statutory rate under 38 U.S.C. WebCode of Federal Regulations Title 38, Part 4 Schedule for Rating Disabilities Veterans Benefits Administration Supplement No. The following state regulations pages link to this page. 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. Determinations must be based upon separate and distinct disabilities. This web site is designed for the current versions of Choosing an item from You are welcome to and encouraged to re-use content from the first two assignments. 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. WebFind Okmulgee County Jail Visiting Hours & Rules, Phone Number, Mail, Video Visitation Schedule, Dress Code and Inmate Search. Title 38. 4.55 Principles of combined ratings for muscle injuries. 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 4.71a Schedule of ratings - musculoskeletal system. 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. 63 5 February 2021 Covering the period of Loss of use or blindness of one eye, having only light perception, will be held to exist when there is inability to recognize test letters at 1 foot and when further examination of the eye reveals that perception of objects, hand movements, or counting fingers cannot be accomplished at 3 feet. (eg: Lesser extents of vision, particularly perception of objects, hand movements, or counting fingers at distances less than 3 feet is considered of negligible utility. This requirement is met when the veteran is substantially confined as a direct result of service-connected disabilities to his or her dwelling and the immediate premises or, if institutionalized, to the ward or clinical areas, and it is reasonably certain that the disability or disabilities and resultant confinement will continue throughout his or her lifetime. 1114 or if already entitled to an intermediate rate to the next higher intermediate rate, but in no event higher than the rate for (o). (ii) Anatomical loss or loss of use of one foot with anatomical loss of one leg so near the hip as to prevent use of prosthetic appliance shall entitle to the rate under 38 U.S.C. user convenience only and is not intended to alter agency intent 4.128 Convalescence ratings following extended hospitalization. (2) Is permanently housebound by reason of service-connected disability or disabilities. 4.150 Schedule of ratings - dental and oral conditions. (4) Helplessness. Hit enter to expand a main menu option (Health, Benefits, etc). 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. (h) Special aid and attendance benefit; 38 U.S.C. The determination will be made on the basis of the actual remaining function, whether the acts of grasping, manipulation, etc., in the case of the hand, or of balance, propulsion, etc., in the case of the foot, could be accomplished equally well by an amputation stump with prosthesis; for example: (a) Extremely unfavorable complete ankylosis of the knee, or complete ankylosis of two major joints of an extremity, or shortening of the lower extremity of 312 inches or more, will constitute loss of use of the hand or foot involved. Department of Veterans Affairs. Pensions, Bonuses, and Veterans' Relief CFR prev | next (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. The Electronic Code of Federal Regulations (eCFR) is a continuously updated online version of the CFR. 4.115a Ratings of the genitourinary system - dysfunctions. 29 FR 6718, May 22, 1964, unless otherwise noted. 1114 (a) through (j) or (s). (4) Eye. (xi) Anatomical loss or loss of use of one hand with anatomical loss 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. 1114(r). Pensions, Bonuses, and Veterans' Relief 38 CFR Pt. 1114 (m) is payable for any of the following conditions: ( i) Anatomical loss or loss of use of both hands; ( ii) Anatomical Title 38 Code of Federal Regulations. 4.55 Principles of combined ratings for muscle injuries. 4.29 Ratings for service-connected disabilities requiring hospital treatment or observation. Electronic Code of Federal Regulations (e-CFR), Title 38 - Pensions, Bonuses, and Veterans' Relief, CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS, PART 4 - SCHEDULE FOR RATING DISABILITIES. Lines 38 and 127 were also amended to address the good standing of the license of the APRN and physicians assistant. (iii) Anatomical loss or loss of use of one foot 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. 1114(n). As a 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. Search & Navigation Web( 1) The special monthly compensation provided by 38 U.S.C. gtag('config', 'UA-53164437-4'); 4.42 Complete medical examination of injury cases. 1114(l) and (m). FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. is available with paragraph structure matching the official CFR '; 4.104 Schedule of ratings - cardiovascular system. 1155, unless 1114(m). gtag('js', new Date()); 1114(m). WebTitle 38 was last amended 2/22/2023. 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 However, evaluation of 5/200 based on acuity in excess of that degree but less than 10/200 ( 4.83 of this chapter), does not qualify. The substitute as amended was DO PASSED, moving the bill to the House Rules Committee. 1114(m) is payable for any of the following conditions: (i) Anatomical loss or loss of use of both hands; (ii) Anatomical loss or loss of use of both legs at a level, or with complications, preventing natural knee action with prosthesis in place; (iii) 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 or loss of use of one leg at a level, or with complications, preventing natural knee action with prosthesis in place; (iv) Blindness in both eyes having only light perception; (v) Blindness in both eyes leaving the veteran so helpless as to be in need of regular aid and attendance. (i) Blindness of one eye with 5/200 visual acuity or less and blindness of the other eye having only light perception will entitle to the rate between 38 U.S.C. 4.73 Schedule of ratings - muscle injuries. 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(r)(1). 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 (2) Entitlement to compensation at the intermediate rate between 38 U.S.C. (1) Extremities. 1114, but in no event higher than the rate for (o). or existing codification. 4.75 General considerations for evaluating visual impairment. gtag('js', new Date()); 1114(r)(2). (6) Aphonia. 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. When the existence of disability is established meeting the above requirements for nonfunctioning testicle due to operation after service, resulting in loss of use, the benefit may be granted even though the operation is one of election. Book B - Adjudication. U.S. Department of Veterans Affairs | 810 Vermont Avenue, NW Washington DC 20420. Loss of use of one testicle will be established when examination by a board finds that: (a) The diameters of the affected testicle are reduced to one-third of the corresponding diameters of the paired normal testicle, or, (b) The diameters of the affected testicle are reduced to one-half or less of the corresponding normal testicle and there is alteration of consistency so that the affected testicle is considerably harder or softer than the corresponding normal testicle; or. '; 4.16 Total disability ratings for compensation based on unemployability of the individual. 1114(m). Cite this article: FindLaw.com - Code of Federal Regulations Title 38. 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. (See 3.552(b)(2) as to continuance following admission for hospitalization.) WebeCFR :: 38 CFR 4.130 -- Schedule of ratings - Mental disorders. 4.116 Schedule of ratings - gynecological conditions and disorders of the breast. Electronic Code of Federal Regulations (e-CFR), Title 38 - Pensions, Bonuses, and Veterans' Relief, PART 0 - VALUES, STANDARDS OF ETHICAL CONDUCT, AND RELATED RESPONSIBILITIES ( 0.600 - 0.735-12), PART 1 - GENERAL PROVISIONS ( 1.9 - 1.1000), PART 2 - DELEGATIONS OF AUTHORITY ( 2.1 - 2.8), PART 4 - SCHEDULE FOR RATING DISABILITIES ( 4.1 - 4.150), PART 5 - ADMINISTRATIVE PROCEDURES:GUIDANCE DOCUMENTS ( 5.0 - 5.25), PART 6 - UNITED STATES GOVERNMENT LIFE INSURANCE ( 6.1 - 6.21), PART 7 - SOLDIERS' AND SAILORS' CIVIL RELIEF ( 7.2 - 7.8), PART 8 - NATIONAL SERVICE LIFE INSURANCE ( 8.0 - 8.34), PART 8a - VETERANS MORTGAGE LIFE INSURANCE ( 8a.1 - 8a.4), PART 9 - SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE ( 9.1 - 9.24), PART 10 - ADJUSTED COMPENSATION ( 10.0 - 10.53), PART 11 - LOANS BY BANKS ON AND PAYMENT OF ADJUSTED SERVICE CERTIFICATES ( 11.75 - 11.130), PART 12 - DISPOSITION OF VETERAN'S PERSONAL FUNDS AND EFFECTS ( 12.0 - 12.24), PART 13 - FIDUCIARY ACTIVITIES ( 13.10 - 13.600), PART 14 - LEGAL SERVICES, GENERAL COUNSEL, AND MISCELLANEOUS CLAIMS ( 14.500 - 14.810), PART 15 - ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE DEPARTMENT OF VETERANS AFFAIRS ( 15.101 - 15.171-15.999), PART 16 - PROTECTION OF HUMAN SUBJECTS ( 16.101 - 16.124), PART 18 - NONDISCRIMINATION IN FEDERALLY-ASSISTED PROGRAMS OF THE DEPARTMENT OF VETERANS AFFAIRS - EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 ( 18.1 - 18.550), PART 18a - DELEGATION OF RESPONSIBILITY IN CONNECTION WITH TITLE VI, CIVIL RIGHTS ACT OF 1964 ( 18a.1 - 18a.5), PART 18b - PRACTICE AND PROCEDURE UNDER TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND PART 18 OF THIS CHAPTER ( 18b.1 - 18b.95), PART 19 - BOARD OF VETERANS' APPEALS: LEGACY APPEALS REGULATIONS ( 19.1 - 19.103-19.199), PART 20 - BOARD OF VETERANS' APPEALS: RULES OF PRACTICE ( 20.1 - 20.1412-20.1499), PART 21 - VETERAN READINESS AND EMPLOYMENT AND EDUCATION ( 21.1 - 21.9770), PART 23 - NONDISCRIMINATION ON THE BASIS OF SEX IN EDUCATION PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE ( 23.100 - 23.605), PART 25 - UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION FOR FEDERAL AND FEDERALLY ASSISTED PROGRAMS ( 25.1), PART 26 - ENVIRONMENTAL EFFECTS OF THE DEPARTMENT OF VETERANS AFFAIRS (VA) ACTIONS ( 26.1 - 26.9), PART 36 - LOAN GUARANTY ( 36.4201 - 36.4810), PART 38 - NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS ( 38.600 - 38.785), PART 39 - AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES ( 39.1 - 39.122), PART 40 - INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF VETERANS AFFAIRS PROGRAMS AND ACTIVITIES ( 40.1 - 40.13), PART 42 - STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT ( 42.1 - 42.47), PART 45 - NEW RESTRICTIONS ON LOBBYING ( 45.100 - 45.605), PART 46 - POLICY REGARDING PARTICIPATION IN NATIONAL PRACTITIONER DATA BANK ( 46.1 - 46.8), PART 47 - POLICY REGARDING REPORTING HEALTH CARE PROFESSIONALS TO STATE LICENSING BOARDS ( 47.1 - 47.2), PART 48 - GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE) ( 48.100 - 48.670), PART 50 - EQUAL TREATMENT FOR FAITH BASED ORGANIZATIONS ( 50.1 - 50.2), PART 51 - PER DIEM FOR NURSING HOME, DOMICILIARY, OR ADULT DAY HEALTH CARE OF VETERANS IN STATE HOMES ( 51.1 - 51.480), PART 53 - PAYMENTS TO STATES FOR PROGRAMS TO PROMOTE THE HIRING AND RETENTION OF NURSES AT STATE VETERANS HOMES ( 53.1 - 53.41), PART 59 - GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE HOMES ( 59.1 - 59.170), PART 60 - FISHER HOUSES AND OTHER TEMPORARY LODGING ( 60.1 - 60.20), PART 61 - VA HOMELESS PROVIDERS GRANT AND PER DIEM PROGRAM ( 61.0 - 61.98), PART 62 - SUPPORTIVE SERVICES FOR VETERAN FAMILIES PROGRAM ( 62.1 - 62.81), PART 63 - HEALTH CARE FOR HOMELESS VETERANS (HCHV) PROGRAM ( 63.1 - 63.15), PART 64 - GRANTS FOR THE RURAL VETERANS COORDINATION PILOT (RVCP) ( 64.0 - 64.18), PART 70 - VETERANS TRANSPORTATION PROGRAMS ( 70.1 - 70.73), PART 71 - CAREGIVERS BENEFITS AND CERTAIN MEDICAL BENEFITS OFFERED TO FAMILY MEMBERS OF VETERANS ( 71.10 - 71.60), PART 74 - VETERANS SMALL BUSINESS REGULATIONS ( 74.1 - 74.29), PART 75 - INFORMATION SECURITY MATTERS ( 75.111 - 75.119), PART 76 - MONTHLY ASSISTANCE ALLOWANCE FOR VETERANS IN CONNECTION WITH THE UNITED STATES PARALYMPICS ( 76.1 - 76.4), PART 77 - GRANTS FOR ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS AND DISABLED MEMBERS OF THE ARMED FORCES ( 77.1 - 77.21), PART 78 - STAFF SERGEANT PARKER GORDON FOX SUICIDE PREVENTION GRANT PROGRAM ( 78.0 - 78.165), CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS. (vi) 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 or loss of use of one hand, shall entitle to the rate between 38 U.S.C. 1. 1114 (l), (m), or (n), or under the intermediate or next higher rate provisions of this subparagraph, when accompanied by: (A) Service-connected loss or loss of use of one hand, will afford entitlement to the next higher statutory rate under 38 U.S.C. Choosing an item from This is an automated process for function gtag(){dataLayer.push(arguments);} 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. 4.150 Schedule of ratings - dental and oral conditions. 4.22 Rating of disabilities aggravated by active service. WebU.S. 4.124a Schedule of ratings - neurological conditions and convulsive disorders. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. 4.76a Computation of average concentric contraction of visual fields. Interpretation of examination reports. Essentials of evaluative rating. (5) Three extremities. 4.123 Neuritis, cranial or peripheral. This minimum special monthly compensation is not to be combined with or added to any other disability compensation. 4.126 Evaluation of disability from mental disorders. 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). 4.113 Coexisting abdominal conditions. 4.86 Exceptional patterns of hearing impairment. 4.88c Ratings for inactive nonpulmonary tuberculosis initially entitled after August 19, 1968. (1) A veteran described in this paragraph (j) shall be entitled to the amount equal to the compensation authorized under 38 U.S.C. title 38 Pensions, Bonuses, and Veterans' Relief. Subscribe to: Changes in Title 38 :: Chapter I :: Part 3 :: Subpart A :: Subject group :: Section 3.350. Source:29 FR 6718, May 22, 1964, unless otherwise noted. (1) The special monthly compensation provided by 38 U.S.C. 4.76a Computation of average concentric contraction of visual fields. WebTitle 38. 4.117 Schedule of ratings - hemic and lymphatic systems. 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). 4.85 Evaluation of hearing impairment. 1114 (m) and (n). Click the Sign tool and make an e-signature. There were two no votes. Featured or trusted partner programs a. You will now be able to tab or arrow up or down through the submenu options to access/activate the submenu links. Pay period calendars by calendar year. 1114 (l) and (m). SCHEDULE FOR RATING DISABILITIES Part 4. 4.114 Schedule of ratings - digestive system. (d) Ratings under 38 U.S.C. (1) Anatomical loss or loss of use of both arms at a level or with complications, preventing natural elbow action with prosthesis in place; (2) Anatomical loss of both legs so near the hip as to prevent use of a prosthetic appliance; (3) Anatomical loss of one arm so near the shoulder as to prevent use of a prosthetic appliance with anatomical loss of one leg so near the hip as to prevent use of a prosthetic appliance; (4) Anatomical loss of both eyes or blindness without light perception in both eyes. (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. 4.128 Convalescence ratings following extended hospitalization. 1114(k). WebCreate or download a free printable California Bill of Sale Form with step-by-step instructions. Pensions, Bonuses, and Veterans' Relief 38 CFR Pt. (3) Need for aid and attendance. This special compensation is payable in addition to the basic rate of compensation otherwise payable on the basis of degree of disability, provided that the combined rate of compensation does not exceed the monthly rate set forth in 38 U.S.C. 4.128 Convalescence ratings following extended hospitalization. 4.17 Total disability ratings for pension based on unemployability and age of the individual. 1114(o) or the maximum rate authorized under 38 U.S.C. 4.56 Evaluation of muscle disabilities. The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized. 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