38 U.S.C. § 1155 — Authority for schedule for rating disabilities
submitted 68 years ago by Pub. L. 85-857 to r/title-38-VETERANS-BENEFITS · 149 words · no verdicts yet
The Secretary must use a schedule based as far as practicable on average reductions in earning capacity from injuries in civil jobs. It must have exactly ten payment levels—10% through 90%, and total disability at 100%—and the Secretary must readjust it from time to time based on experience, without reducing a rating in effect unless the veteran’s disability has improved.
The Secretary* must adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combination of injuries. The ratings must be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations. The schedule must be constructed so as to provide ten grades of disability and no more, upon which payments of compensation* must be based, namely, 10 percent, 20 percent, 30 percent, 40 percent, 50 percent, 60 percent, 70 percent, 80 percent, 90 percent, and total, 100 percent. The Secretary must from time to time readjust this schedule of ratings in accordance with experience. However, in no event must such a readjustment in the rating schedule cause a veteran’s disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veteran’s disability is shown to have occurred.
The Secretary* shall adopt and apply a schedule of ratings of reductions in earning capacity from specific injuries or combination of injuries. The ratings shall be based, as far as practicable, upon the average impairments of earning capacity resulting from such injuries in civil occupations. The schedule shall be constructed so as to provide ten grades of disability and no more, upon which payments of compensation* shall be based, namely, 10 percent, 20 percent, 30 percent, 40 percent, 50 percent, 60 percent, 70 percent, 80 percent, 90 percent, and total, 100 percent. The Secretary shall from time to time readjust this schedule of ratings in accordance with experience. However, in no event shall such a readjustment in the rating schedule cause a veteran’s disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veteran’s disability is shown to have occurred.
Source credit: (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1125, § 355; Pub. L. 98–223, title I, § 101(c), Mar. 2, 1984, 98 Stat. 38; renumbered § 1155 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–86, title I, § 103(a), Aug. 14, 1991, 105 Stat. 414.)
- 1958Enacted · Pub. L. 85-857 · 72 Stat. 1125
- 1984Amended · Pub. L. 98-223 · 98 Stat. 38
- 1991Amended · Pub. L. 102-83 · 105 Stat. 404
- 1991Amended · Pub. L. 102-86 · 105 Stat. 414
A history note hasn’t been published yet. The record shows enactment by Pub. L. 85-857 on 1958-09-02.
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