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Title 38 Part 4 → Subpart A → §4.17a

Title 38 → Chapter I → Part 4 → Subpart A → §4.17a

Electronic Code of Federal Regulations e-CFR

Title 38 Part 4 → Subpart A → §4.17a

e-CFR data is current as of February 13, 2020

Title 38Chapter IPart 4Subpart A → §4.17a


Title 38: Pensions, Bonuses, and Veterans' Relief
PART 4—SCHEDULE FOR RATING DISABILITIES
Subpart A—General Policy in Rating


§4.17a   Misconduct etiology.

A permanent and total disability rating under the provisions of §§4.15, 4.16 and 4.17 will not be precluded by reason of the coexistence of misconduct disability when:

(a) A veteran, regardless of employment status, also has innocently acquired 100 percent disability, or

(b) Where unemployable, the veteran has other disabilities innocently acquired which meet the percentage requirements of §§4.16 and 4.17 and would render, in the judgment of the rating agency, the average person unable to secure or follow a substantially gainful occupation.

[40 FR 42536, Sept. 15, 1975, as amended at 43 FR 45349, Oct. 2, 1978]