What Is Extra Schedular Rating?

[hurryupnwait]

Thanks

Paul

[rentalguy1]

extra-schedular ratings are percentages in addition to the percentage given for a specific disability, even though the veteran does not warrant that high of a rating per 38 CFR 4. A example would be allowing a veteran to have a 50% rating for IVDS instead of a the warranted 40% (per the reg) due to excessive fatigue on repetative motion of the lumbar spine. This is usually seen when a veteran has applied for TDIU, and the rater is attempting to get the veteran to a schedular 100% rating. They are required to make every attempt to get the veteran to a schedular 100% before considering TDIU.

[carlie]

An evaluation provided outside of The Schedule of Ratings.

It's supposed to be considered inTDIU cases but RARELY is.

carlie

[Philip Rogers]

Extra schedular ratings are generally only done by the VA Central Office and are referred there by the RO. I think Carlie misspoke and meant "rating" rather than "evaluation."

pr

Edited November 21, 2008 by Philip Rogers

[carlie]

See 38 CFR 3.321 (b) (1)

http://edocket.access.gpo.gov/cfr_2008/jul.../38cfr3.321.pdf

§ 3.321 General rating considerations.

(a) Use of rating schedule. The 1945

Schedule for Rating Disabilities will be

used for evaluating the degree of disabilities

in claims for disability compensation,

disability and death pension,

and in eligibility determinations.

The provisions contained in the rating

schedule will represent as far as can

practicably be determined, the average

impairment in earning capacity in civil

occupations resulting from disability.

(Authority: 38 U.S.C. 1155)

(b) Exceptional cases—(1) Compensation.

Ratings shall be based as far as

practicable, upon the average impairments

of earning capacity with the additional

proviso that the Secretary

shall from time to time readjust this

schedule of ratings in accordance with

experience. To accord justice, therefore,

to the exceptional case where the

schedular evaluations are found to be

inadequate, the Under Secretary for

Benefits or the Director, Compensation

and Pension Service, upon field station

submission, is authorized to approve on

the basis of the criteria set forth in

this paragraph an extra-schedular evaluation

commensurate with the average

earning capacity impairment due exclusively

to the service-connected disability

or disabilities. The governing

norm in these exceptional cases is: A

finding that the case presents such an

exceptional or unusual disability picture

with such related factors as

marked interference with employment

or frequent periods of hospitalization

as to render impractical the application

of the regular schedular standards.

[mobie16r]

Extra-schedular ratings is consider when a veteran is unemployable and don't meet the percentage set forth in paragraph (a)

(Authority: 38 U.S.C. 501)

( It is the established policy of the Department of Veterans

Affairs that all veterans who are unable to secure and follow a

substantially gainful occupation by reason of service-connected

disabilities shall be rated totally disabled. Therefore, rating boards

should submit to the Director, Compensation and Pension Service, for

extra-schedular consideration all cases of veterans who are unemployable

by reason of service-connected disabilities, but who fail to meet the

percentage standards set forth in paragraph (a) of this section. The

rating board will include a full statement as to the veteran's service-

connected disabilities, employment history, educational and vocational

attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989;

55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct.

8, 1996]

mobie

[mobie16r]

I guess i should have posted the whole title on first post, sorry it is so long

[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of July 1, 2004]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR4.16]

[Page 365]

TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents

Subpart A_General Policy in Rating

Sec. 4.16 Total disability ratings for compensation based on

unemployability of the individual.

(a) Total disability ratings for compensation may be assigned, where

the schedular rating is less than total, when the disabled person is, in

the judgment of the rating agency, unable to secure or follow a

substantially gainful occupation as a result of service-connected

disabilities: Provided That, if there is only one such disability, this

disability shall be ratable at 60 percent or more, and that, if there

are two or more disabilities, there shall be at least one disability

ratable at 40 percent or more, and sufficient additional disability to

bring the combined rating to 70 percent or more. For the above purpose

of one 60 percent disability, or one 40 percent disability in

combination, the following will be considered as one disability: (1)

Disabilities of one or both upper extremities, or of one or both lower

extremities, including the bilateral factor, if applicable, (2)

disabilities resulting from common etiology or a single accident, (3)

disabilities affecting a single body system, e.g. orthopedic, digestive,

respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple

injuries incurred in action, or (5) multiple disabilities incurred as a

prisoner of war. It is provided further that the existence or degree of

nonservice-connected disabilities or previous unemployability status

will be disregarded where the percentages referred to in this paragraph

for the service-connected disability or disabilities are met and in the

judgment of the rating agency such service-connected disabilities render

the veteran unemployable. Marginal employment shall not be considered

substantially gainful employment. For purposes of this section, marginal

employment generally shall be deemed to exist when a veteran's earned

annual income does not exceed the amount established by the U.S.

Department of Commerce, Bureau of the Census, as the poverty threshold

for one person. Marginal employment may also be held to exist, on a

facts found basis (includes but is not limited to employment in a

protected environment such as a family business or sheltered workshop),

when earned annual income exceeds the poverty threshold. Consideration

shall be given in all claims to the nature of the employment and the

reason for termination.

B

(Authority: 38 U.S.C. 501)

( It is the established policy of the Department of Veterans

Affairs that all veterans who are unable to secure and follow a

substantially gainful occupation by reason of service-connected

disabilities shall be rated totally disabled. Therefore, rating boards

should submit to the Director, Compensation and Pension Service, for

extra-schedular consideration all cases of veterans who are unemployable

by reason of service-connected disabilities, but who fail to meet the

percentage standards set forth in paragraph (a) of this section. The

rating board will include a full statement as to the veteran's service-

connected disabilities, employment history, educational and vocational

attainment and all other factors having a bearing on the issue.

[40 FR 42535, Sept. 15, 1975, as amended at 54 FR 4281, Jan. 30, 1989;

55 FR 31580, Aug. 3, 1990; 58 FR 39664, July 26, 1993; 61 FR 52700, Oct.

mobie16r

8, 1996]

Edited November 21, 2008 by mobie16r