(a) Compensation—(1) Same type of service. When there are two or more service-connected compensable disabilities a combined evaluation will be made following the tables and rules prescribed in the 1945 Schedule for Rating Disabilities.
(2) Wartime and peacetime service. Evaluation of wartime and peacetime service-connected compensable disabilities will be combined to provide for the payment of wartime rates of compensation. (38 U.S.C. 1157) Effective July 1, 1973, it is immaterial whether the disabilities are wartime or peacetime service-connected since all disabilities are compensable under 38 U.S.C. 1114 and 1115 on and after that date.
(b) Pension—(1) Nonservice-connected disabilities. Evaluation of two or more nonservice-connected disabilities not the result of the veteran's own willful misconduct will be combined as provided in paragraph (a)(1) of this section.
(2) Service-connected and nonservice-connected disabilities. Evaluations for service-connected disabilities may be combined with evaluations for disabilities not shown to be service connected and not the result of the veteran's own willful misconduct.
Cross References:“Willful misconduct.” See § 3.1(n). Pension. See § 3.3. Line of duty and misconduct. See § 3.301. Service connection for mental unsoundness in suicide. See § 3.302.
[26 FR 1583, Feb. 24, 1961, as amended at 38 FR 21923, Aug. 14, 1973; 61 FR 20438, May 7, 1996]
Notes of Decisions
Frederick C. Gazelle v. Robert A. McDonald, 27 Vet. App. 461 (Vet. App. 2016).
· cites it 2× “Unchanged since 1945, the “Combined Ratings” regulation, 38 C.F.R. § 3.323 , directs that “[wjhen there are two or more service-connected compensable disabilities a combined evaluation will be made following the tables and rules prescribed in the 1945 Schedule for Ratings…”
Gazelle v. Shulkin, 868 F.3d 1006 (Fed. Cir. 2017).
“90-91 (explaining that the 1950 regulation is now numbered as 38 C.F.R. § 3.323 (a)). In 1958, Congress unified various statutory provisions affecting the VA into Title 38 of the United States Code.”
Boyer v. West, 12 Vet. App. 142 (Vet. App. 1999).
“32-97 is flawed because the anti-pyramiding rules of 38 C.F.R. §§ 3.323 (a) and 4.14 (1998) were not meant to apply to paired organs and those provisions are not inconsistent with the appellant’s position.”
Sudranski v. Dept. Of Vets. Affairs, 423 Fed. Appx. 983 (Fed. Cir. 2011).
“323 of the regulations, 38 C.F.R. § 3.323 (1986), provided that service-connected and non-service-connected disabilities will be combined only for pension purposes, and not for compensation purposes.”
210409-151437 (Board of Vet. App. 2021).
· cites it 2× “Unchanged since 1945, the “Combined Ratings” regulation, 38 C.F.R. § 3.323 , directs that “[w]hen there are two or more service-connected compensable disabilities a combined evaluation will be made following the tables and rules prescribed in the 1945 Schedule for Ratings…”
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