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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. |
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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 |
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Timetable:
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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 |