[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 38 CFR 3.321]

[Page 250-251]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 3--ADJUDICATION--Table of Contents
 
     Subpart A--Pension, Compensation, and Dependency and Indemnity 
                              Compensation
 
Sec. 3.321  General rating considerations.

    (a) Use of rating schedule. The 1945 Schedule for Rating 
Disabilities will be used for evaluating the degree of disabilities in 
claims for disability compensation, disability and death pension, and in 
eligibility determinations. The provisions contained in the rating 
schedule will represent as far as can practicably be determined, the 
average impairment in earning capacity in civil occupations resulting 
from disability.


(Authority: 38 U.S.C. 1155)

    (b) Exceptional cases--(1) Compensation. Ratings shall be based as 
far as practicable, upon the average impairments of earning capacity 
with the additional proviso that the Secretary shall from time to time 
readjust this schedule of ratings in accordance with experience. To 
accord justice, therefore, to the exceptional case where the schedular 
evaluations are found to be inadequate, the Under Secretary for Benefits 
or the Director, Compensation and Pension Service, upon field station 
submission, is authorized to approve on the basis of the criteria set 
forth in this paragraph an extra-schedular evaluation commensurate with 
the average earning capacity impairment due exclusively to the service-
connected disability or disabilities. The governing norm in these 
exceptional cases is: A finding that the case presents such an 
exceptional or unusual disability picture with such related factors as 
marked interference with employment or frequent periods of 
hospitalization as to render impractical the application of the regular 
schedular standards.
    (2) Pension. Where the evidence of record establishes that an 
applicant for pension who is basically eligible fails to meet the 
disability requirements based on the percentage standards of the rating 
schedule but is found to be unemployable by reason of his or her 
disability(ies), age, occupational background and other related factors, 
the following are authorized to approve on an extra-schedular basis a 
permanent and total disability rating for pension purposes: the Veterans 
Service Center Manager; or where regular schedular standards are met as 
of the date of the rating decision, the rating board.
    (3) Effective dates. The effective date of these extra-schedular 
evaluations granting or increasing benefits will be in accordance with 
Sec. 3.400(b)(1) and (2) as to original and reopened claims and in 
accordance with Sec. 3.400(o) in claims for increased benefits.
    (c) Advisory opinion. Cases in which application of the schedule is 
not understood or the propriety of an extra-schedular rating is 
questionable may be submitted to Central Office for advisory opinion.

[[Page 251]]


    Cross References: Effective dates; disability benefits. See 
Sec. 3.400(b). Effective dates; increases. See Sec. 3.400(o).

[26 FR 1583, Feb. 24, 1961, as amended at 29 FR 1463, Jan. 29, 1964; 37 
FR 10442, May 23, 1972; 39 FR 5315, Feb. 12, 1974; 39 FR 32988, Sept. 
13, 1974; 40 FR 57459, Dec. 10, 1975; 61 FR 20727, May 8, 1996]

Editorial Note: For Federal Register citations affecting Sec. 3.1, see the List of Sections Affected, which appears in the Finding Aids section of the printed volume and on GPO Access.




PART I -- DEPT OF VA       CFR





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