The Secretary shall adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combination of injuries. The ratings shall be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations. The schedule shall be constructed so as to provide ten grades of disability and no more, upon which payments of compensation shall be based, namely, 10 percent, 20 percent, 30 percent, 40 percent, 50 percent, 60 percent, 70 percent, 80 percent, 90 percent, and total, 100 percent. The Secretary shall from time to time readjust this schedule of ratings in accordance with experience. However, in no event shall such a readjustment in the rating schedule cause a veteran’s disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veteran’s disability is shown to have occurred.
Notes of Decisions
Cited in
1,510
cases (
147 in the last 5 years), 1992–2026 · leading case:
Johnson v. McDonald, 27 Vet. App. 1362 (Fed. Cir. 2014).
Johnson v. McDonald, 27 Vet. App. 1362 (Fed. Cir. 2014).
· cites it 6× “” 38 U.S.C. § 1155 (emphasis added). Section 3.”
Dennis M. Thun v. James B. Peake, 22 Vet. App. 111 (Vet. App. 2008).
· cites it 4× “38 U.S.C. § 1155 . Using this authority, the Secretary has established the rating schedule in a series of regulations located in part 4 of title 38 of the Code of Federal Regulations, that is “primarily a guide in the evaluation of disability resulting from all types of diseases…”
Joseph Martinak v. R. James Nicholson, 21 Vet. App. 447 (Vet. App. 2007).
· cites it 6× “The Secretary’s authority to prescribe the rating schedule is contained in 38 U.S.C. § 1155 . This statute provides, in relevant part: The Secretary shall adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combination of injuries.”
Mauerhan v. Principi, 16 Vet. App. 436 (Vet. App. 2002).
· cites it 3× “See 38 U.S.C. § 1155 . The rating is based, as far as practicable, upon the average impairments of earning capacity, in civil occupations, resulting from such injuries.”
Gazelle v. Shulkin, 868 F.3d 1006 (Fed. Cir. 2017).
· cites it 3× “at 12 (internal quotation marks omitted), He argues that “[t]he Veterans Court relied upon a misinterpretation of the meaning of the phrase ‘additional disabilities indepen *1010 dently ratable at [sixty] percent or more’ because it considered the language of, 38 U.S.C. §§ 1155…”
Freddie Butts v. Robert A. McDonald, 28 Vet. App. 74 (Vet. App. 2016).
· cites it 10× “321(b)(1) consistent with 38 U.S.C. § 1155 , the statute authorizing the Secretary to "adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combinations of injuries.”
Esteban v. Brown, 6 Vet. App. 259 (Vet. App. 1994).
· cites it 3× “See 38 U.S.C. § 1155 ; 38 C.F.R. § 4.1 (1993).”
Frederick C. Gazelle v. Robert A. McDonald, 27 Vet. App. 461 (Vet. App. 2016).
· cites it 3× “First, 38 U.S.C. § 1155 authorizes the Secretary to “adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combination of injuries.”
Vazquez-Flores v. Shinseki, 580 F.3d 1270 (Fed. Cir. 2009).
· cites it 2× “” 38 U.S.C. § 1155 . The VA has incorporated this language into some of its regulations as well.”
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