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VA RIN: 2900-AP48 Publication ID: Spring 2016 
Title: Extra-schedular Evaluations for Individual Disabilities 
Abstract:

The Department of Veterans Affairs (VA) proposes to amend its adjudication regulation that pertains to referral of a disability evaluation for extra-schedular consideration. In a recent decision of the United States Court of Appeals for the Federal Circuit, the Court held that VA’s regulation, as written, requires VA to consider the combined effect of two or more disabilities when determining whether to refer a disability evaluation for extra-schedular consideration. VA, however, has long interpreted its regulation to require consideration of the individual effect of each disability separately; referral for extra-schedular consideration applies to a single disability, not the combined effect of two or more disabilities. This proposed amendment will ensure that VA regional offices only refers extraordinary single disability, not extraordinary combined disabilities, for extra-schedular evaluation assessment.

 
Agency: Department of Veterans Affairs(VA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 38 CFR 3.321   
Legal Authority: 38 U.S.C. 501(a)    38 U.S.C. 1155   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  05/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Stephanie Li
Chief, Regulations Staff (211D), Loan Guaranty Service
Department of Veterans Affairs
Veterans Benefits Administration, 810 Vermont Avenue NW,
Washington, DC 20420
Phone:202 461-9700
Email: stephanie.li@va.gov