title 38 code of federal regulations part 4

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. The Jumi Application is Unpublished or Removed, International Alcoholic Beverages Expo, Guizhou, CHINA. As title suggests, I'm looking at converting a 2004 Mercury 8HP Bigfoot into a 9. 4.75 General considerations for evaluating visual impairment. The regular or higher level aid and attendance allowance is payable whether or not the need for regular aid and attendance or a higher level of care was a partial basis for entitlement to the maximum rate under 38 U.S.C. This minimum special monthly compensation is not to be combined with or added to any other disability compensation. Contact us. (a) Ratings under 38 U.S.C. Pensions, Bonuses, and Veterans' Relief CFR: Title 38. 1155, unless otherwise noted. 1114(o), through the combination of loss of use of both legs and helplessness. 1114(r) is involved) to avoid reduction during hospitalization where aid and attendance is provided in kind. 4.96 Special provisions regarding evaluation of respiratory conditions. Students enter these codes on the Free Application for Federal Student Aid (FAFSA ) form to indicate which postsecondary schools will 1155, unless Choosing an item from Enhanced content is provided to the user to provide additional context. 1114 (l) and (m). 1114, but in no event higher than the rate for (o). 4.86 Exceptional patterns of hearing impairment. 1. Resolution of reasonable doubt. To access the menus on this page please perform the following steps. 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. Use the navigation links in the gray bar above to view the table of contents that this content belongs to. 4.124 Neuralgia, cranial or peripheral. WebElectronic Code of Federal Regulations (e-CFR) Title 38. 1 CFR 1.1 Where possible, determinations should be on the basis of permanently bedridden rather than for need of aid and attendance (except where 38 U.S.C. 4.73 Schedule of ratings - muscle injuries. Class B license with Air Brakes. title 38 Pensions, Bonuses, and Veterans' Relief. The rates of special monthly compensation stated in this section are those provided under 38 U.S.C. 1114 (l), (m) or (n), or rated under subparagraphs (2)(i), (ii) or (iii) of this paragraph, when accompanied by bilaterial deafness rated at no less than 30 percent, and the hearing impairment in one or both ears is service-connected, will afford entitlement to the next higher statutory rate under 38 U.S.C. 1114(r)(2). function gtag(){dataLayer.push(arguments);} 1114 (m) is payable for any of the following conditions: ( i) Anatomical loss or loss of use of both hands; ( ii) Anatomical When there is entitlement under 38 U.S.C. (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. The fact, however, that two separate and distinct entitling disabilities, such as anatomical loss, or loss of use of both hands and both feet, result from a common etiological agent, for example, one injury or rheumatoid arthritis, will not preclude maximum entitlement. (1) For a veteran who was receiving or entitled to receive compensation for tuberculosis on August 19, 1968, the minimum monthly rate is $67. Featured or trusted partner programs a. (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. (2) Natural elbow or knee action. (2) Entitlement to compensation at the intermediate rate between 38 U.S.C. 4.150 Schedule of ratings - dental and oral conditions. 4.89 Ratings for inactive nonpulmonary tuberculosis in effect on August 19, 1968. A fusion of tradition, modernity and surroundings. Subscribe to: Changes in Title 38 :: Chapter I :: Part 3 :: Subpart A :: Subject group :: Section 3.350. This requires, for example, that where a veteran who had suffered the loss or loss of use of two extremities is being considered for the maximum rate on account of helplessness requiring regular aid and attendance, the latter must be based on need resulting from pathology other than that of the extremities. WebElectronic Code of Federal Regulations (e-CFR) Title 38 - Pensions, Bonuses, and Veterans' Relief CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS PART 4 - (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. This web site is designed for the current versions of (ii) Blindness of one eye with 5/200 visual acuity or less and anatomical loss of, or blindness having no light. 4.89 Ratings for inactive nonpulmonary tuberculosis in effect on August 19, 1968. Special monthly compensation under 38 U.S.C. (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. I have a '99 Force/Mercury 40hp. As a Cite this article: FindLaw.com - Code of Federal Regulations Title 38. 1114 (m) and (n). 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. 4.17 Total disability ratings for pension based on unemployability and age of the individual. 5/200 visual acuity or less bilaterally qualifies for entitlement under 38 U.S.C. (i) Loss of a creative organ will be shown by acquired absence of one or both testicles (other than undescended testicles) or ovaries or other creative organ. 4.104 Schedule of ratings - cardiovascular system. 4.87a Schedule of ratings - other sense organs. (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. WebElectronic Code of Federal Regulations (e-CFR) Title 38 - Pensions, Bonuses, and Veterans' Relief CHAPTER I - DEPARTMENT OF VETERANS AFFAIRS PART 4 - WebIn accordance with state and federal regulations, assists the pharmacist, under direct supervision, in. Pensions, Bonuses, and Veterans' Relief. 988 (Press 1). 37 payment during lives of both co- owners. 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. 4.130 Schedule of ratings - Mental disorders. (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). (b) Complete paralysis of the external popliteal nerve (common peroneal) and consequent footdrop, accompanied by characteristic organic changes including trophic and circulatory disturbances and other concomitants confirmatory of complete paralysis of this nerve, will be taken as loss of use of the foot. WebPart 4. 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). (See 3.552(b)(2) as to continuance following admission for hospitalization.). Part 0. The special monthly compensation provided by 38 U.S.C. (ii) Special monthly compensation for loss or loss of use of both lower extremities (38 U.S.C. 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. WebPART 4 - SCHEDULE FOR RATING DISABILITIES ( 4.1 - 4.150) PART 5 - ADMINISTRATIVE PROCEDURES:GUIDANCE DOCUMENTS ( 5.0 - 5.25) PART 6 - An intermediate rate authorized by this paragraph shall be established at the arithmetic mean, rounded to the nearest dollar, between the two rates concerned. SCHEDULE FOR RATING DISABILITIES SUBPART A [ 4.1 - 4.31] - General Policy in Rating SUBPART B [ 4.42 Complete medical examination of injury cases. (4) Permanently bedridden. 4.88b Schedule of ratings - infectious diseases, immune disorders and nutritional deficiencies. (5) Deafness. (ii) The graduated ratings for arrested tuberculosis will not be utilized in this connection, but the permanent residuals of tuberculosis may be utilized. 4, App. View the Title 38 Code of Federal Regulations documents, Veterans Crisis Line: To enter and activate the submenu links, hit the down arrow. 1114(n). Regulations All Titles. (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(s). (2) Is permanently housebound by reason of service-connected disability or disabilities. 4.130 Schedule of ratings - Mental disorders. 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. gtag('js', new Date()); (iv) Service-connected total deafness in one ear or bilateral deafness rated at 40 percent or more disabling (and the hearing impairment in either one of both ears is service-connected) in combination with service-connected blindness of both eyes having only light perception or less. 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. The following state regulations pages link to this page. The assistance may be done by the person's own hands or arms, and, in the matter of postural stability, by a special appliance. 4.88b Schedule of ratings - infectious diseases, immune disorders and nutritional deficiencies. (See 3.552(b)(2) as to continuance following admission for hospitalization.) The Federal School Code List contains the unique codes assigned by the Department of Education for schools participating in the Title IV federal student aid programs. 4.76a Computation of average concentric contraction of visual fields. WebTitle 38. (1) The special monthly compensation provided by 38 U.S.C. 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. 4.56 Evaluation of muscle disabilities. 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. window.dataLayer = window.dataLayer || []; Title 38 Code of Federal Regulations. 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. 4.128 Convalescence ratings following extended hospitalization. (h) Special aid and attendance benefit; 38 U.S.C. The substitute as amended was DO PASSED, moving the bill to the House Rules Committee. (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. 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. (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. Authority: 38 U.S.C. 4.29 Ratings for service-connected disabilities requiring hospital treatment or observation. Hit enter to expand a main menu option (Health, Benefits, etc). (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. 4.115b Ratings of the genitourinary system - diagnoses. 4.88b Schedule of ratings - infectious diseases, immune disorders and nutritional deficiencies. 4.117 Schedule of ratings - hemic and lymphatic systems. 501, 38 U.S.C. 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. 1114 (l) through (n) or the intermediate rate provisions outlined above. (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. In addition to the statutory rates payable under 38 U.S.C. (4) Eye. 4.87a Schedule of ratings - other sense organs. 4.71a Schedule of ratings - musculoskeletal system. 1114(s) is payable where the veteran has a single service-connected disability rated as 100 percent and, (1) Has additional service-connected disability or disabilities independently ratable at 60 percent, separate and distinct from the 100 percent service-connected disability and involving different anatomical segments or bodily systems, or. WebTitle 38 Volume 1 Chapter I Part 4 Subpart B. Subpart B - Disability Ratings. CAlphabetical Index of Disabilities - last updated October 03, 2022 4.115a Ratings of the genitourinary system - dysfunctions. FindLaw Codes may not reflect the most recent version of the FAR). 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. 4.126 Evaluation of disability from mental disorders. 1114, but in no event higher than the rate for (o). A veteran receiving the maximum rate under 38 U.S.C. 4.85 Evaluation of hearing impairment. 4.115b Ratings of the genitourinary system - diagnoses. 4.42 Complete medical examination of injury cases. We recommend you directly contact the agency responsible for the content in question. 1114 (n) and (o) plus special monthly compensation under 38 U.S.C. (See 3.552(b)(2) as to continuance following admission for hospitalization.) 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. Title 38 was last amended 2/22/2023. Office of Accountability & Whistleblower Protection, Training - Exposure - Experience (TEE) Tournament, Outreach, Transition and Economic Development Home, Warrior Training Advancement Course (WARTAC), Staff Appraisal Reviewer (SAR) Information, How to Apply for Nonsupervised Automatic Authority, VALERI (VA Loan Electronic Reporting Interface). 1114(r)(2) is payable in lieu of the regular aid and attendance allowance authorized by 38 U.S.C. (4) Helplessness. Determinations must be based upon separate and distinct disabilities. You will now be able to tab or arrow up or down through the submenu options to access/activate the submenu links. Please do not provide confidential 4. Code of Federal Regulations Title 38. formatting. site when drafting amendatory language for Federal regulations: For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 4.119 Schedule of ratings - endocrine system. Attention A T users. (2) An allowance authorized under 38 U.S.C. 38 U.S.C. 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. 1114(l) through (n); (iii) Bilateral deafness rated at 60 percent or more disabling (and the hearing impairment in either one or both ears is service connected) in combination with service-connected blindness with bilateral visual acuity 20/200 or less. 9-13/09/2014. 1114 (l) through (n) and the intermediate or next higher rate provisions outlined above, additional single permanent disability or combinations of permanent disabilities independently ratable at 50 percent or more will afford entitlement to the next higher intermediate rate or if already entitled to an intermediate rate to the next higher statutory rate under 38 U.S.C. 4.104 Schedule of ratings - cardiovascular system. 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