Question On 1978 Rating Decision

[carlie]

Nov 15,1978 - Rating Decision

Dear Mrs. XXXX

Your disability compensation claim has been carefully considered.

To establish entitlement to this benefit, the evidence must show;

(a) that you have a disability incurred or aggravated in service, in the line of duty;

and (b) must be 10 percent or more disabling.

Question:

Was it actually a reg in 1978 that the condition had to be 10 percent or more

disabling to recieve service connection ?

What about a zero percent rating ?

I know that we now have:

§ 4.31 Zero percent evaluations.

In every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met.

[58 FR 52018, Oct. 6, 1993]

BUT what about in 1978 ???

Thanks,

carlie

[lowe124]

As a denial of compensation this would have been correct since you would not receive monetary benefits for a single 0 percent evaluation. Technically the assignment of a 0 percent is a denial of compensation benefits.

Nov 15,1978 - Rating Decision

Dear Mrs. XXXX

Your disability compensation claim has been carefully considered.

To establish entitlement to this benefit, the evidence must show;

(a) that you have a disability incurred or aggravated in service, in the line of duty;

and (:D must be 10 percent or more disabling.

Question:

Was it actually a reg in 1978 that the condition had to be 10 percent or more

disabling to recieve service connection ?

What about a zero percent rating ?

I know that we now have:

§ 4.31 Zero percent evaluations.

In every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met.

[58 FR 52018, Oct. 6, 1993]

BUT what about in 1978 ???

Thanks,

carlie

[carlie]

As a denial of compensation this would have been correct since you would not receive monetary benefits for a single 0 percent evaluation. Technically the assignment of a 0 percent is a denial of compensation benefits.

BUT - to recieve the assignment of zero percent means that

service connection was granted.

carlie

[Wings]

Nov 15,1978 - Rating Decision

Dear Mrs. XXXX

Your disability compensation claim has been carefully considered.

To establish entitlement to this benefit, the evidence must show;

(a) that you have a disability incurred or aggravated in service, in the line of duty;

and (b) must be 10 percent or more disabling.

Question:

Was it actually a reg in 1978 that the condition had to be 10 percent or more

disabling to recieve service connection ?

What about a zero percent rating ?

I know that we now have:

§ 4.31 Zero percent evaluations.

In every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met.

[58 FR 52018, Oct. 6, 1993]

BUT what about in 1978 ???

Thanks,

carlie

x

x

x

x

Carlie, If this rating decision failed to assign at least a zero percent service-connection, and all the eviidence would otherwise have established service-connection, then I would say that decision is CUE. Wings

[Hoppy]

I posted a case below. They talk about presumptive service connection. I have always been confused by this. If you were discharged and filed the 1978 claim within one year of discharge to qualify for presumptive service connection then it would need to be 10% or more. However, service connection can be granted when the evidence shows that a disability is the result of service. My guess is that presumptive conditions are not adjudicated in the same manner as conditions that are service connected after the one year period has run out.

Maybe on your claim that was a reference to presumptive service connection.

Epilepsy is one of those conditions for which a presumption

may be available, however, it must be 10 percent disabling

within one year of separation from service. 38 C.F.R.

§§ 3.307, 3.309.

[sharon]

Zero percent is a grant of service connection. I is just not compensable, no pay. If the condition worsens then a higher percentage is assigned.