38 C.F.R. § 3.357
Civil service preference ratings
For the purpose of certifying civil service disability preference only, a service-connected disability may be assigned an evaluation of “less than ten percent.” Any directly or presumptively service-connected disease or injury which exhibits some extent of actual impairment may be held to exist at the level of less than ten percent. For disabilities incurred in combat, however, no actual impairment is required.
Notes of Decisions
Cited in 2
cases, 1992–1992 · leading case: Rabideau v. Derwinski, 2 Vet. App. 141 (Vet. App. 1992).
Rabideau v. Derwinski, 2 Vet. App. 141 (Vet. App. 1992). “Finally, since the schedular criteria for hypertension do not require residuals, a zero-percent rating would not be authorized under 38 C.F.R. §§ 3.357 (a) and 4.31 (where minimum schedular evaluation requires residuals and the schedule does not provide a zero-percent…”
Culver v. Derwinski, 3 Vet. App. 292 (Vet. App. 1992). “38 C.F.R. §§ 3.357 (a), 4.31 (1991). This examination did provide a plausible basis for the BVA’s factual conclusions, and thus, the Board’s decision must be affirmed as to this issue.”
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