38CFR4.1 Essentials of evaluative rating

This rating schedule is primarily a guide in the evaluation of disability resulting from all types of diseases and injuries encountered as a result of or incident to military service. The percentage ratings represent as far as can practicably be determined the average impairment in earning capacity resulting from such diseases and injuries and their residual conditions in civil occupations. Generally, the degrees of disability specified are considered adequate to compensate for considerable loss of working time from exacerbations or illnesses proportionate to the severity of the several grades of disability. For the application of this schedule, accurate and fully descriptive medical examinations are required, with emphasis upon the limitation of activity imposed by the disabling condition. Over a period of many years, a veteran’s disability claim may require reratings in accordance with changes in laws, medical knowledge and his or her physical or mental condition. It is thus essential, both in the examination and in the evaluation of disability, that each disability be viewed in relation to its history.
[41 FR 11292, Mar. 18, 1976]
91-1376 Babchak v. Principi
… both the VA and Dr. Anderson is that neither examination placed an “emphasis upon the limitation of activity imposed by the disabling condition.” 38 C.F.R. § 4.1 (1991). The VA examination does not consider whether appellant’s PTSD has limited his employability. Dr. Anderson, on the other hand, has not …… both the VA and Dr. Anderson is that neither examination placed an “emphasis upon the limitation of activity imposed by the disabling condition.” 38 C.F.R. § 4.1 (1991). The VA examination does not consider whether appellant’s PTSD has limited his employability. Dr. Anderson, on the other hand, has not …
… health regulations. This falls short of establishing that appellant’s PTSD prevents him from functioning under ordinary employment conditions. 38 C.F.R. § 4.10 (1991). In a similar case, Bowers v. Derwinski, 2 Vet.App. 675 (1992), where the facts had been inadequately developed, we remanded for further …
… health regulations. This falls short of establishing that appellant’s PTSD prevents him from functioning under ordinary employment conditions. 38 C.F.R. § 4.10 (1991). In a similar case, Bowers v. Derwinski, 2 Vet.App. 675 (1992), where the facts had been inadequately developed, we remanded for further …
92-325 Brown v. Brown
… § 3.344(c) runs from the effective date of the current (or higher) evaluation until the effective date of the reduced rating.
(3) Provisions of 38 CFR §§ 4.1, 4.2, 4.10, and 4.13, apply to all rating reductions.
Facts:
A 30% rating was in effect for service-connected asthma since 2/2/86. During …
… § 3.344(c) runs from the effective date of the current (or higher) evaluation until the effective date of the reduced rating.
(3) Provisions of 38 CFR §§ 4.1, 4.2, 4.10, and 4.13, apply to all rating reductions.
Facts:
A 30% rating was in effect for service-connected asthma since 2/2/86. During …
… consider the adequacy of the review examination or determine if sustainable improvement was shown (§ 3.344(a)). Similarly, applicable provisions of 38 CFR §§ 4.1, 4.2, 4.10, and 4.13 were not addressed.
In any rating reduction case, regional office and BVA decisions must ascertain whether or not (1) there …
… consider the adequacy of the review examination or determine if sustainable improvement was shown (§ 3.344(a)). Similarly, applicable provisions of 38 CFR §§ 4.1, 4.2, 4.10, and 4.13 were not addressed.
In any rating reduction case, regional office and BVA decisions must ascertain whether or not (1) there …
 
91-565 Bowers v. Derwinski
… of remission they could not be so extensive or disfiguring as to warrant a higher rating. That is a nonsequitur.
As we read the regulations, 38 C.F.R. § 4.1 (1991), and the diagnostic codes, cited above, it is the frequency and duration of the outbreaks and the appearance and virulence of them during the …
… of remission they could not be so extensive or disfiguring as to warrant a higher rating. That is a nonsequitur.
As we read the regulations, 38 C.F.R. § 4.1 (1991), and the diagnostic codes, cited above, it is the frequency and duration of the outbreaks and the appearance and virulence of them during the …
… examinations . . . with emphasis upon the limitation of activity imposed by the disabling condition” “upon the person’s ordinary activity.” See 38 C.F.R. §§ 4.1, 4.10 (1991)). This obviously must be done when the infection is in its active stage. We note from the file that appellant is reluctant to be seen …
… examinations . . . with emphasis upon the limitation of activity imposed by the disabling condition” “upon the person’s ordinary activity.” See 38 C.F.R. §§ 4.1, 4.10 (1991)). This obviously must be done when the infection is in its active stage. We note from the file that appellant is reluctant to be seen …
… they are pertinent to the severity of his current condition but so that the examiner will have access to the full “history” of the disability. 38 C.F.R. § 4.1.
II
The appellant raised two issues below that were not considered by the BVA. We will dispose of these issues summarily. The first is a claim of …
… they are pertinent to the severity of his current condition but so that the examiner will have access to the full “history” of the disability. 38 C.F.R. § 4.1.
II
The appellant raised two issues below that were not considered by the BVA. We will dispose of these issues summarily. The first is a claim of …
 
91-904 Lenderman v. Principi
… disability rating an appellant is entitled. 38 U.S.C. § 7104(a) (formerly § 4004(a)) (Board must consider all evidence and material of record); 38 C.F.R. §§ 4.1, 4.2, 4.130 (1991). Therefore, contrary to the Secretary’s assertions, the Board in 1991 was required to consider the 1988 medical record, and, …
… disability rating an appellant is entitled. 38 U.S.C. § 7104(a) (formerly § 4004(a)) (Board must consider all evidence and material of record); 38 C.F.R. §§ 4.1, 4.2, 4.130 (1991). Therefore, contrary to the Secretary’s assertions, the Board in 1991 was required to consider the 1988 medical record, and, …
 
 93-766 Friscia v. Brown
… on the effect of service-connected disability on appellant’s ability to work. We note that this requirement is consistent with provisions of 38 C.F.R. 4.10. A status report was also ordered in view of VA’s failure to comply with the first remand and the Veterans Benefits Improvement Act of 1994, Pub. L. …
… on the effect of service-connected disability on appellant’s ability to work. We note that this requirement is consistent with provisions of 38 C.F.R. 4.10. A status report was also ordered in view of VA’s failure to comply with the first remand and the Veterans Benefits Improvement Act of 1994, Pub. L. …
 
 91-771 Smith v. Brown
… the subject of a currently pending case.
In summary, if the only available medical evidence is one VA examination which meets the requirements of 38 CFR 4.1 and 4.2 and the evaluation has been in effect for less than 5 years, a reduction may be made when improvement is shown.
RECOMMENDED VBA ACTION(S): …
… the subject of a currently pending case.
In summary, if the only available medical evidence is one VA examination which meets the requirements of 38 CFR 4.1 and 4.2 and the evaluation has been in effect for less than 5 years, a reduction may be made when improvement is shown.
RECOMMENDED VBA ACTION(S): …
 
91-1376 Babchak v. Principi
… the private psychologist’s statement placed an “emphasis upon the limitation of activity imposed by the disabling condition” under the provisions of 38 C.F.R. § 4.1. The VA examination did not consider whether the PTSD had limited appellant’s employability. The private psychologist did not consider whether …
… the private psychologist’s statement placed an “emphasis upon the limitation of activity imposed by the disabling condition” under the provisions of 38 C.F.R. § 4.1. The VA examination did not consider whether the PTSD had limited appellant’s employability. The private psychologist did not consider whether …
 
… adaptability have not been clearly differentiated from other possible nonservice-connected effects. The Court stated that under the provisions of 38 C.F.R. § 4.1, accurate and fully descriptive medical evidence is not present in this case and remand is necessary. As the claim for total disability is …
… adaptability have not been clearly differentiated from other possible nonservice-connected effects. The Court stated that under the provisions of 38 C.F.R. § 4.1, accurate and fully descriptive medical evidence is not present in this case and remand is necessary. As the claim for total disability is …
 
91-89 Tripp v. Derwinski
… in usurpation of the BVA’s fact-finding authority. It was directed that another VA examination be scheduled which complies with the provisions of 38 C.F.R. §§ 4.1, 4.10.
The Court also noted that BVA failed to consider appellant’s claim that he was entitled to a total rating based on individual …
… in usurpation of the BVA’s fact-finding authority. It was directed that another VA examination be scheduled which complies with the provisions of 38 C.F.R. §§ 4.1, 4.10.
The Court also noted that BVA failed to consider appellant’s claim that he was entitled to a total rating based on individual …
 
90-543 Hunt v. Derwinski
… condition to the extent that a veteran’s average earning capacity has been diminished.” Using a regulatory definition of “disability” (per 38 CFR 4.1) as meaning “impairment in earning capacity resulting from such diseases and injuries and their residual conditions”, the Court held that temporary …
… condition to the extent that a veteran’s average earning capacity has been diminished.” Using a regulatory definition of “disability” (per 38 CFR 4.1) as meaning “impairment in earning capacity resulting from such diseases and injuries and their residual conditions”, the Court held that temporary …
 
91-1645 Van Hoose v. Brown
… based on unemployability, it is necessary that the record reflect some factor which takes the claimant’s case outside the norm of such veteran. See 38 C.F.R. §§ 4.1, 4.15 (1992). The sole fact that a claimant is unemployed or has difficulty obtaining employment is not enough. A high rating in itself is a …
… based on unemployability, it is necessary that the record reflect some factor which takes the claimant’s case outside the norm of such veteran. See 38 C.F.R. §§ 4.1, 4.15 (1992). The sole fact that a claimant is unemployed or has difficulty obtaining employment is not enough. A high rating in itself is a …
 
… impairment of the appellant. The rating can only be based on the degree of impairment due to the service-connected condition. To that end, 38 C.F.R. § 4.1 (1991) requires “accurate and fully descriptive medical examinations . . . with emphasis upon the limitation of activity imposed by the disabling …
… impairment of the appellant. The rating can only be based on the degree of impairment due to the service-connected condition. To that end, 38 C.F.R. § 4.1 (1991) requires “accurate and fully descriptive medical examinations . . . with emphasis upon the limitation of activity imposed by the disabling …
 
93-245 Allen v. Brown
… in section 1701 would control the meaning of “disability” in other parts of the statute. Based on the provisions of sections 1155, 1110, and 38 C.F.R. § 4.1, the Court determined that “disability” should be construed to refer to impairment of earning capacity due to disease, injury, or defect, rather than …
… in section 1701 would control the meaning of “disability” in other parts of the statute. Based on the provisions of sections 1155, 1110, and 38 C.F.R. § 4.1, the Court determined that “disability” should be construed to refer to impairment of earning capacity due to disease, injury, or defect, rather than …
 
91-1388 Brown v. Brown
… did not point to a single piece of evidence supporting its conclusion that the veteran is able to pursue substantially gainful employment. See 38 C.F.R. §§ 4.1, 4.10, 4.16 (1991); Hersey v. Derwinski, 2 Vet.App. 91, 94 (1992); Moore, 1 Vet.App. at 359. The Secretary of Veterans Affairs (Secretary) has …
… did not point to a single piece of evidence supporting its conclusion that the veteran is able to pursue substantially gainful employment. See 38 C.F.R. §§ 4.1, 4.10, 4.16 (1991); Hersey v. Derwinski, 2 Vet.App. 91, 94 (1992); Moore, 1 Vet.App. at 359. The Secretary of Veterans Affairs (Secretary) has …
 
 90-612 Brown
… with the Court’s decision in Hunt v. Derwinski, 1 Vet. App. 292, 293, 296-297 (1991), in which a schedular definition of disability was adopted (38 CFR 4.1) for the purpose of determining service aggravation under 38 U.S.C.1153. In that case, evidence of (1) an increase in the underlying condition (the …
… with the Court’s decision in Hunt v. Derwinski, 1 Vet. App. 292, 293, 296-297 (1991), in which a schedular definition of disability was adopted (38 CFR 4.1) for the purpose of determining service aggravation under 38 U.S.C.1153. In that case, evidence of (1) an increase in the underlying condition (the …
 
97-27 Hampton v. Gober
… Green v. Derwinski, 1 Vet.App. 121, 124 (1991) (fulfillment of duty to assist includes conducting thorough and contemporaneous medical examination); 38 C.F.R. § 4.1 (1996) (accurate and fully descriptive medical examinations are required for proper application of rating schedule). In this case, because the …
… Green v. Derwinski, 1 Vet.App. 121, 124 (1991) (fulfillment of duty to assist includes conducting thorough and contemporaneous medical examination); 38 C.F.R. § 4.1 (1996) (accurate and fully descriptive medical examinations are required for proper application of rating schedule). In this case, because the …
 
91-714 Hood v. Brown
… determined the average impairment in earning capacity resulting from such diseases and injuries and their residual conditions in civil occupations.
38 C.F.R. § 4.1 (1992) (emphasis added). The term “definite”, on the other hand, is qualitative in nature. To say that a veteran has “definite” impairment of …
… determined the average impairment in earning capacity resulting from such diseases and injuries and their residual conditions in civil occupations.
38 C.F.R. § 4.1 (1992) (emphasis added). The term “definite”, on the other hand, is qualitative in nature. To say that a veteran has “definite” impairment of …
 
91-1427 Voyles v. Brown
… the Board shall order a medical examination, upon which it shall base its ultimate conclusions. See Green v. Derwinski, 1 Vet.App. 121 (1991); 38 C.F.R. §§ 4.1, 4.2, 4.10, 4.59, 4.70 (1992).
1…
… the Board shall order a medical examination, upon which it shall base its ultimate conclusions. See Green v. Derwinski, 1 Vet.App. 121 (1991); 38 C.F.R. §§ 4.1, 4.2, 4.10, 4.59, 4.70 (1992).