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VA RIN: 2900-AP48 Publication ID: Fall 2017 
Title: Extra-Schedular Evaluations for Individual Disabilities 
Abstract:

The Department of Veterans Affairs (VA) amends its adjudication regulation that pertains 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.  VA proposed to amend its regulations to clarify VA's regulation pertaining to exceptional compensation claims to explain that an extra-schedular evaluation is available only for an individual service-connected disability, if the disability is exceptional or unusual so as to make application of the rating schedule impractical, but may not be based on the combined effect of more than one service-connected disability. VA will respond to public comments in the final rule.

 
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: Other 
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  03/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
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