38 C.F.R. § 4.19
Age in service-connected claims
Age may not be considered as a factor in evaluating service-connected disability; and unemployability, in service-connected claims, associated with advancing age or intercurrent disability, may not be used as a basis for a total disability rating. Age, as such, is a factor only in evaluations of disability not resulting from service, i.e., for the purposes of pension.
Notes of Decisions
Cited in 23
cases (1 in the last 5 years), 1991–2021 · leading case: Ohland v. Derwinski, 1 Vet. App. 147 (Vet. App. 1991).
Ohland v. Derwinski, 1 Vet. App. 147 (Vet. App. 1991). “It described the preclusion of the consideration of age in determining service-connected disability and unemployability, as well as various aspects of evaluating psychoneurotic disorders, as governed by 38 C.F.R. §§ 4.19 and 4.132 (1990). In support of his substantive appeal to…”
Hyder v. Derwinski, 1 Vet. App. 221 (Vet. App. 1991). “In a similar vein, 38 C.F.R. § 4.19 (1990) provides that “[a]ge, as such, is a factor only in evaluations of disability not resulting from service, i.”
09-05 438 (Board of Vet. App. 2016). “" 38 C.F.R. § 4.19 . The Veteran's claim for TDIU was initiated by the Board in a February 2012 remand.”
10-47 233 (Board of Vet. App. 2016). “341 (a); see also 38 C.F.R. § 4.19 (age may not be a factor in evaluating service- connected disability or unemployability); Van Hoose v.”
08-37 656 (Board of Vet. App. 2016). “38 C.F.R. § 4.19 (2015). The sole fact that a claimant is unemployed or has difficulty obtaining employment is not enough.”
09-28 725 (Board of Vet. App. 2016). “38 C.F.R. § 4.19 (2015). The sole fact that a claimant is unemployed or has difficulty obtaining employment is not enough.”
08-36 330 (Board of Vet. App. 2016). “38 C.F.R. § 4.19 (2015). The sole fact that a claimant is unemployed or has difficulty obtaining employment is not enough.”
05-11 212 (Board of Vet. App. 2017). “38 C.F.R. § 4.19 . In making all determinations, the Board must fully consider the lay assertions of record.”
09-26 392 (Board of Vet. App. 2017). “38 C.F.R. § 4.19 . In that vein, the Board is unable to consider the 2007 VA rehabilitation counselor's determination that it would not be reasonably feasible for the Veteran to benefit from the vocational rehabilitation program as the opinion expressly included consideration of…”
180620-263 (Board of Vet. App. 2018). “38 C.F.R. § 4.19 . There must be a determination that the service-connected disabilities are sufficient to produce unemployability without regard to advancing age or a nonservice-connected disability.”
180806-204 (Board of Vet. App. 2019). “38 C.F.R. § 4.19 (2017). At the time of the Veteran’s TDIU application, the Veteran had a 50 percent rating for PTSD, and a combined rating of 60 percent for all of his service-connected disabilities, to include tinnitus and irritable bowel syndrome.”
180814-240 (Board of Vet. App. 2019). “38 C.F.R. § 4.19 . There must be a determination that the service-connected disabilities are sufficient to produce unemployability without regard to advancing age or a non-service-connected disability.”
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