C.F.R. » Title 38 » CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS › PART 4—SCHEDULE FOR RATING DISABILITIES › Subpart A—General Policy in Rating

38 C.F.R. § 4.7

Higher of two evaluations

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

Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned.

Notes of Decisions
Cited in 989 cases (74 in the last 5 years), 1989–2023 · leading case: Billy D. McCarroll v. Robert A. McDonald, 28 Vet. App. 267 (Vet. App. 2016).
Sort: Relevance Newest Treatment
Billy D. McCarroll v. Robert A. McDonald, 28 Vet. App. 267 (Vet. App. 2016). · cites it 8× “at 13 (citing 38 C.F.R. § 4.7 ). Finally, he asserts that the Board clearly erred when it determined that he did not have a history of diastolic pressure readings of 100 or more and, thus, that he did not satisfy the criteria for a 10% disability rating under DC 7101.”
Birdeye Middleton v. Shinseki, 727 F.3d 1172 (Fed. Cir. 2013). · cites it 8× “Middleton also argued that his diabetes was more closely related to the criteria for a 40% rating and that 38 C.F.R. § 4.7 , which provides that the higher of two evalua- tions will be assigned if the veteran’s disability picture more nearly approximates the criteria required…”
Bruce W. Pierce v. Anthony J. Principi, 18 Vet. App. 440 (Vet. App. 2004). · cites it 3× “The appellant also asserts that even if his headaches did not satisfy all criteria for a 50% rating, the Board erred by requiring total satisfaction rather than determining which rating criteria his disability picture “more nearly approximates” in accordance with 38 C.F.R. § 4.7…”
Brown v. Brown, 5 Vet. App. 413 (Vet. App. 1993). · cites it 3× “§ 5107 (West 1991) and 38 C.F.R. § 4.7 (1992), the Board concluded: “In conclusion, the Board finds that the veterans’ disability picture does not more nearly approximate the criteria for moderate bronchial asthma, and reinstatement of the 30 percent evaluation is not indicated…”
Mauerhan v. Principi, 16 Vet. App. 436 (Vet. App. 2002). “See 38 C.F.R. § 4.7 (2001). Under the “General Rating Formula for Mental Disorders,” a rating of 30% for PTSD is appropriate when a veteran exhibits the following: Occupational and social impairment with occasional decrease in work efficiency and intermittent periods of…”
Colayong v. West, 12 Vet. App. 524 (Vet. App. 1999). · cites it 3× “See 38 C.F.R. § 4.7 (1998). All disabilities, including those arising from a single disease entity, are to be rated separately, and then all ratings are to be combined pursuant to 38 C.”
Miguel A. Camacho v. R. James Nicholson, 21 Vet. App. 360 (Vet. App. 2007). · cites it 2× “He argues that even if he does not fully meet the third criterion for the 40% rating, he should be evaluated 40% disabled because his disqualification by his employer from driving patients results in a serious regulation of his employment and exceeds the requirements for the 20%…”
Schafrath v. Derwinski, 1 Vet. App. 589 (Vet. App. 1991). “In reaching this decision we have considered the provisions of 38 C.F.R. 4.7 and the doctrine of reasonable doubt, but can find no basis on which to allow this case.”
Bowling v. Principi, 15 Vet. App. 1 (Vet. App. 2001). “132 , DC 9411 (1996); 38 C.F.R. §§ 4.7 , 4.130, DC 9411 (2000); Francisco and Fletcher , both supra — all consistent with this opinion.”
DeLuca v. Brown, 8 Vet. App. 202 (Vet. App. 1995). “at 10-11; see 38 C.F.R. § 4.7 (1994) (“Where there is a question as to which of two evaluations shall be *205 applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating.”
Adams v. United States, 117 Fed. Cl. 628 (Fed. Cl. 2014). · cites it 4× “3 , titled “Resolution of reasonable doubt,” and 38 C.F.R. § 4.7 , titled “Higher of two evaluations,” in its analysis, (emphasis in original).”
Phillip G. Cline v. Eric K. Shinseki, 26 Vet. App. 18 (Vet. App. 2012). · cites it 4× “Cline argues that the Board failed to correctly apply 38 C.F.R. § 4.7 , which requires assignment of a higher disability rating where "the disability picture more nearly approximates the criteria required for that rating.”
Show all 989 citing cases →
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.