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PREC 13-97 Reduction of a Total Disability Rating based on Individual Unemployability due to removal from the "Work Possible

PREC 13-97    Reduction of a Total Disability Rating based on Individual Unemployability due to removal from the "Work Possible Environment"     Citation: Vet. Aff. Op. Gen Couns. Prec. 13-97, VAOPGCPREC 13-97, 1997   Citation: Vet. Aff. Op. Gen Couns. Prec. 13-97, VAOPGCPREC 13-97, 1997

QUESTION PRESENTED:

 

 

May a total disability rating based on individual unemployability be reduced based solely on a veteran’s removal from the “work possible environment”?

HELD:

 

 

There is no statutory or regulatory authority for VA to reduce a total disability rating based on individual unemployability, as authorized by 38 C.F.R. §§ 3.340(a), 3.341(a), 4.16(a), based solely on a veteran’s removal from a “work possible environment.”  Such reduction of a total disability rating based on individual unemployability would be inconsistent with the requirement of 38 C.F.R. § 3.343(c)(1) that, in order to reduce such a rating, actual employability be established by clear and convincing evidence.



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