C.F.R. » Title 38 » CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS › PART 3—ADJUDICATION › Subpart A—Pension, Compensation, and Dependency and Indemnity Compensation

38 C.F.R. § 3.324

Multiple noncompensable service-connected disabilities

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

Whenever a veteran is suffering from two or more separate permanent service-connected disabilities of such character as clearly to interfere with normal employability, even though none of the disabilities may be of compensable degree under the 1945 Schedule for Rating Disabilities the rating agency is authorized to apply a 10-percent rating, but not in combination with any other rating.

[40 FR 56435, Dec. 3, 1975]
Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1993–2023 · leading case: Butts v. Brown, 5 Vet. App. 532 (Vet. App. 1993).
Sort: Relevance Newest Treatment
Butts v. Brown, 5 Vet. App. 532 (Vet. App. 1993). · cites it 4× “He also sought the assignment of a disability rating under 38 C.F.R. § 3.324 (1988). See R. at 49. On May 10, 1988, the RO granted service connection for a deviated nasal septum (rated as 0% disabling), recurrent lum-bosacral strain (rated as 0% disabling), and chronic vasomotor…”
Shipwash v. Brown, 8 Vet. App. 218 (Vet. App. 1995). “The RO decision also granted service connection for a back condition, rated 0% disabling, and stated that it had considered 38 C.F.R. § 3.324 (1994), but did not feel that a combined 10% rating was indicated.”
12-27 943 (Board of Vet. App. 2018). · cites it 9× “Entitlement to a 10 percent disability evaluation for multiple noncompensable service-connected disabilities under 38 C.F.R. § 3.324 prior to June 14, 2017 is denied.”
191118-43962 (Board of Vet. App. 2020). · cites it 9× “Entitlement to a 10 percent disability rating, for the period beginning November 28, 2011, for multiple noncompensable service-connected disabilities pursuant to 38 C.F.R. § 3.324 is dismissed. FINDINGS OF FACT 1.”
190806-25316 (Board of Vet. App. 2020). · cites it 6× “Entitlement to a 10 percent disability rating for multiple noncompensable service-connected disabilities pursuant to 38 C.F.R. § 3.324 , is denied. FINDINGS OF FACT 1.”
180917-382 (Board of Vet. App. 2018). · cites it 5× “REMANDED Entitlement to a 10 percent rating based upon multiple, noncompensable, service-connected disabilities, pursuant to 38 C.F.R. § 3.324 , is remanded. FINDINGS OF FACT 1.”
13-30 709 (Board of Vet. App. 2015). · cites it 5× “Entitlement to a 10 percent rating under 38 C.F.R. § 3.324 . REPRESENTATION Appellant represented by: California Department of Veterans Affairs ATTORNEY FOR THE BOARD M.”
Sorrell v. McDonough (Fed. Cir. 2023). · cites it 2× “(first citing 38 C.F.R. § 3.324 ; and then citing 38 C.”
Cleamon D. Bryant v. Robert L. Wilkie (Vet. App. 2020). “2 We hold that, when an appellant notifies VA that he or she intends to submit 1 In the same decision, the Board remanded claims for entitlement to service connection for a left shoulder disability, an initial compensable disability evaluation for a boxer's fracture of the right…”
Watson v. Brown, 4 Vet. App. 189 (Vet. App. 1993). “See 38 C.F.R. § 3.324 (1992) (VA may apply a 10% disability rating where two or more separate, permanent, service-connected disabilities that are not individually of a compensa-ble degree clearly interfere with normal employability).”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.