PREC 6-99 Consideration of Claim of Total Disability Based on Individual Unemployability Where Schedular Total-Disability Rating in Effect Citation: Vet. Aff. Op. Gen. Couns. Prec. 6-99, VAOPGCPREC 6-99, 1999 QUESTIONS PRESENTED: a. May a claim for a total disability rating based on individual unemployability for a particular service-connected disability be considered when a schedular 100-percent rating is already in effect for another service-connected disability? b. Would any additional benefit be available in the case of a veteran having one service-connected disability rated 100-percent disabling under the rating schedule and another, separate disability for which the veteran has been awarded a TDIU rating? HELD: a. A claim for a total disability rating based on individual unemployability for a particular service-connected disability may not be considered when a schedular 100-percent rating is already in effect for another service-connected disability. b. No additional monetary benefit would be available in the hypothetical case of a veteran having one service-connected disability rated 100-percent disabling under the rating schedule and another, separate disability rated totally disabling due to individual unemployability under 38 C.F.R. § 4.16(a). Further, the availability of additional procedural protections applicable under 38 C.F.R. § 3.343(c) in the case of a total disability rating based on individual unemployability would not provide a basis for consideration of a rating under section 4.16(a) where a veteran already has a service-connected disability rated 100-percent disabling under the rating schedule. |
