The ability to overcome the handicap of disability varies widely among individuals. The rating, however, is based primarily upon the average impairment in earning capacity, that is, upon the economic or industrial handicap which must be overcome and not from individual success in overcoming it. However, full consideration must be given to unusual physical or mental effects in individual cases, to peculiar effects of occupational activities, to defects in physical or mental endowment preventing the usual amount of success in overcoming the handicap of disability and to the effect of combinations of disability. Total disability will be considered to exist when there is present any impairment of mind or body which is sufficient to render it impossible for the average person to follow a substantially gainful occupation; Provided, That permanent total disability shall be taken to exist when the impairment is reasonably certain to continue throughout the life of the disabled person. The following will be considered to be permanent total disability: the permanent loss of the use of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes, or becoming permanently helpless or permanently bedridden. Other total disability ratings are scheduled in the various bodily systems of this schedule.
Notes of Decisions
Dennis M. Thun v. James B. Peake, 22 Vet. App. 111 (Vet. App. 2008).
· cites it 2× “See 38 C.F.R. §§ 4.15 , 4.16(b) (2007) (all veterans who are unemployable by reason of service-connected disability shall be rated totally disabled).”
Geib v. Shinseki, 733 F.3d 1350 (Fed. Cir. 2013).
· cites it 3× “See 38 C.F.R. § 4.15 (2013). A veteran who suffers from two or more service-connected disabilities is entitled to be considered for total disability if at least one disability is ratable at 40% or more, and additional disability brings the combined rating to 70% or more.”
Durden v. Colvin, 191 F. Supp. 3d 429 (M.D. Penn. 2016).
“38 C.F.R. § 4.15 (emphasis added). The VA rates the degree of a.”
Davis v. Nicholson, 475 F.3d 1360 (Fed. Cir. 2007).
· cites it 2× “1 Davis *1362 thereafter appealed the Board’s decision to the Veterans Court, arguing as one error the Board’s failure to follow 38 C.F.R. § 4.15 , which requires, inter alia, that full consideration be given to “unusual physical or mental effects in individual cases, to…”
Robert A. Anderson v. Eric K. Shinseki, 22 Vet. App. 423 (Vet. App. 2009).
· cites it 2× “See 38 C.F.R. §§ 4.15 , 4.16 (b) (2008) (all veterans who are unemployable by reason of service-connected disability shall be rated totally disabled); see also Kellar v.”
Vazquez-Flores v. Shinseki, 580 F.3d 1270 (Fed. Cir. 2009).
“321 (a) states that “[t]he provisions contained in the rating schedule will represent as far as can practicably be determined, the average impairment in earning capacity in civil occupations resulting from disability,” while 38 C.F.R. § 4.15 notes that a veteran’s rating “is…”
Ronald L. Evans v. Robert A. McDonald, 27 Vet. App. 180 (Vet. App. 2014).
· cites it 2× “See 38 C.F.R. § 4.15 (1988, 2014) (directing that unemployability determinations take into consideration "any impairment of mind or body" sufficient to render a person unemployable).”
Holland v. Brown, 6 Vet. App. 443 (Vet. App. 1994).
· cites it 2× “38 C.F.R. § 4.15 (1993). Therefore, the Schedule for Rating Disabilities and the structure for evaluating a TDIU rating claim complement each other.”
Talley v. Derwinski, 2 Vet. App. 282 (Vet. App. 1992).
“38 C.F.R. § 4.15 (1991) (boldface italics added).”
Mindenhall v. Brown, 7 Vet. App. 271 (Vet. App. 1994).
“10 (1991) and 38 C.F.R. § 4.15 (1991) [sic] to his claim because the Board failed to address the effect of the disability on the veteran’s daily activities or the [e]ffect the same disability would have on the average person’s ability to follow substantial gainful employment.”
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