38 C.F.R. pt. 4 (§§ 4.1 – 4.150) contains the VA’s Schedule for Rating Disabilities. This is the law that the VA applies the facts of a specific Veteran’s claim for disability compensation to in order to rate that Veterans condition. For example, let us say a Veteran submits a claim for a mental health condition. After assisting the Veteran with developing his or her claim, the VA determines that this condition is service-connected and that the Veteran suffers from:
- mild memory loss,
- chronic sleep impairment, and
- occupational and social impairment with occasional decrease in work efficiency due to anxiety.
Based on these symptoms, the VA may assign a rating of thirty percent (30%). This is because 38 C.F.R. § 4.130 (Mental Disorders) list these symptoms as justifying such a rating. A problem arises when a Veteran files for a condition that is not listed in the rating schedule.
Suppose a Veteran of the Persian Gulf Wars filed for a number of claims, including: Continue Reading