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

The Department of Veterans Affairs (VA) proposes to amend its adjudication regulation pertaining to extra-schedular consideration of a service-connected disability in exceptional compensation cases. In a recent decision, the United States Court of Appeals for the Federal Circuit (Federal Circuit) held that VA's regulation, as written, requires VA to consider the combined effect of two or more service-connected disabilities when determining whether to refer a disability evaluation for extra-schedular consideration. VA, however, has long interpreted its regulation to provide an extra-schedular evaluation for a single disability, not the combined effect of two or more disabilities. This proposed amendment will clarify VA's regulation pertaining to exceptional compensation claims such that an extra-schedular evaluation is available only for an individual service-connected disability but not for the combined effect of more than one service-connected disability.

 
Agency: Department of Veterans Affairs(VA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
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  04/20/2016  81 FR 23228   
NPRM Comment Period End  06/20/2016 
Final Action  05/00/2017 
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)
Department of Veterans Affairs
Veterans Benefits Administration, 810 Vermont Avenue NW.,
Washington, DC 20420
Phone:202 461-9700
Email: stephanie.li@va.gov