38 C.F.R. § 4.127
Intellectual disability (intellectual developmental disorder) and personality disorders
Intellectual disability (intellectual developmental disorder) and personality disorders are not diseases or injuries for compensation purposes, and, except as provided in § 3.310(a) of this chapter, disability resulting from them may not be service-connected. However, disability resulting from a mental disorder that is superimposed upon intellectual disability (intellectual developmental disorder) or a personality disorder may be service-connected.
Notes of Decisions
Cited in 29
cases (2 in the last 5 years), 1991–2024 · leading case: Morris v. Shinseki, 678 F.3d 1346 (Fed. Cir. 2012).
Morris v. Shinseki, 678 F.3d 1346 (Fed. Cir. 2012). “Although not identical to the present version of the regulation, the version of 38 C.F.R. § 4.127 in effect at the time of the 1988 Board Decision treats personality disorders in the same manner.”
Carpenter v. Brown, 8 Vet. App. 240 (Vet. App. 1995). “Second, he claims that his personality disorder should be rated with his PTSD as a single condition under 38 C.F.R. § 4.127 (1994) which, according to the appellant, would entitle him to a higher rating.”
Peyton v. Derwinski, 1 Vet. App. 282 (Vet. App. 1991). “The BVA decision also fails to cite or discuss two other potentially applicable regulations: 38 C.F.R. §§ 4.127 and 4.128. Section 4.127 (Mental deficiency and personality disorders) provides in pertinent part: [P]roperly diagnosed superimposed psychotic disorders developing…”
Kisor v. Shulkin, 869 F.3d 1360 (Fed. Cir. 2017). “See 38 C.F.R. § 4.127 . 2 Given the *1362 lack of a current diagnosis of PTSD, the RO denied Mr.”
Soyini v. Derwinski, 1 Vet. App. 540 (Vet. App. 1991). “See 38 C.F.R. § 4.127 (1990). The next record of any type of medical treatment found in appellant's VA records is an intake report, dated April 4, 1979, prepared by Dr.”
Beno v. Principi, 3 Vet. App. 439 (Vet. App. 1992). “See 38 C.F.R. § 4.127 (1991). Only those chronic acquired psychiatric disorders like psychoses and psychoneuroses are considered disabilities for VA compensation purposes.”
Kisor v. McDonough, 995 F.3d 1347 (Fed. Cir. 2021). “See 38 C.F.R. § 4.127 . Given the lack of a cur- rent diagnosis of PTSD, the RO denied Mr.”
Sanden v. Derwinski, 2 Vet. App. 97 (Vet. App. 1992). “38 C.F.R. § 4.127 (1991); see also 38 C.F.”
Degmetich v. Brown, 8 Vet. App. 208 (Vet. App. 1995). “38 C.F.R. § 4.127 . Id. In reviewing the BVA’s analysis of CUE in the RO decision, the Court must examine the statutes and regulations extant at the time of the October 1967 RO denial.”
Warren v. Brown, 6 Vet. App. 4 (Vet. App. 1993). “38 C.F.R. § 4.127 (1992). Additionally, to reopen a claim, a claimant must submit new and material evidence.”
Bosch v. United States, 27 Fed. Cl. 250 (Fed. Cl. 1992). “The October 29, 1981 report diagnosed plaintiff with a Borderline Personality Disorder, which is an uncompensable disorder pursuant to 38 C.F.R. § 4.127 . Next, plaintiff points to the March 1982 interview of plaintiff by Dr.”
Elkins v. Brown, 8 Vet. App. 391 (Vet. App. 1995). “See 38 C.F.R. § 4.127 (1994). He did not receive a diagnosis of schizophrenia until 1983, more than ten years after his active military service.”
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