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10 U.S.C. § 1216a — Determinations of disability: requirements and limitations on determinations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Utilization of VA Schedule for Rating Disabilities in Determinations of Disability.—**
(1) In making a determination of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned—
(A) shall, to the extent feasible, utilize the schedule for rating disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of the schedule by the United States Court of Appeals for Veterans Claims; and
(B) except as provided in paragraph (2), may not deviate from the schedule or any such interpretation of the schedule.
(2) In making a determination described in paragraph (1), the Secretary concerned may utilize in lieu of the schedule described in that paragraph such criteria as the Secretary of Defense and the Secretary of Veterans Affairs may jointly prescribe for purposes of this subsection if the utilization of such criteria will result in a determination of a greater percentage of disability than would be otherwise determined through the utilization of the schedule.
**(b) Consideration of All Medical Conditions.—** In making a determination of the rating of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned shall take into account all medical conditions, whether individually or collectively, that render the member unfit to perform the duties of the member’s office, grade, rank, or rating.
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Source file: Laws/federal/codes/united-states-code/title-10/section-1216a-determinations-of-disability-requirements-and-limitations-on-determinati--4cf2616c5b.md
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Source location: Title 10, Chapter 61, § 1216a; chapter-061-retirement-or-separation-for-physical-disability.md
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**(a) Utilization of VA Schedule for Rating Disabilities in Determinations of Disability.—**
(1) In making a determination of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned—
(A) shall, to the extent feasible, utilize the schedule for rating disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of the schedule by the United States Court of Appeals for Veterans Claims; and
(B) except as provided in paragraph (2), may not deviate from the schedule or any such interpretation of the schedule.
(2) In making a determination described in paragraph (1), the Secretary concerned may utilize in lieu of the schedule described in that paragraph such criteria as the Secretary of Defense and the Secretary of Veterans Affairs may jointly prescribe for purposes of this subsection if the utilization of such criteria will result in a determination of a greater percentage of disability than would be otherwise determined through the utilization of the schedule.
**(b) Consideration of All Medical Conditions.—** In making a determination of the rating of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned shall take into account all medical conditions, whether individually or collectively, that render the member unfit to perform the duties of the member’s office, grade, rank, or rating.
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Federal law — U.S. Code and appendices · legal_authorities
The purpose of this chapter is to create and maintain high morale in the uniformed services by providing an improved and uniform program of medical and dental care for members and certain former members of those services, and for their dependents.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1071
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Federal law — U.S. Code and appendices · legal_authorities
Page 1272
TITLE 10—ARMED FORCES
§ 1216a
Executive Documents
EX. ORD. NO. 10122. REGULATIONS GOVERNING DISABILITY
PAY, HOSPITALIZATION AND REEXAMINATION
Ex. Ord. No. 10122, Apr. 14, 1950, 15 F.R. 2173, as
amended by Ex. Ord. 10400, Sept. 27, 1952, 17 F.R. 8648;
1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R.
2053, 67 Stat. 631; Ex. Ord. No. 11733, July 30, 1973, 38
F.R. 20431 provided:
By virtue of and pursuant to the authority vested in
me by section 414(b) of the Career Compensation Act of
1949, approved October 12, 1949 (Public Law 351, 81st
Congress [former section 284(b) of Title 37, now covered
by subsecs. (b) and (c) of this section], and as President
of the United States and Commander in Chief of the
armed forces of the United States, I hereby prescribe
the following regulations governing payment of dis-
ability retirement pay, hospitalization, and re-exam-
ination of members and former members of the uni-
formed services:
SECTION 1. The terms ‘‘uniformed services’’ and ‘‘Sec-
retary’’ as used in these regulations shall have the
meaning prescribed therefor by subsections (a) and (f),
respectively, of section 102 of the Career Compensation
Act of 1949 [section 101(3) and (5) of Title 37, Pay and
Allowances of the Uniformed Services].
SEC. 2. (a) Effective as of October 1, 1949, all duties,
powers, and functions incident to the payment of dis-
ability retirement pay of members or former members
of the uniformed services retired for physical disability
or receiving disability retirement pay shall, except as
provided in subsection (b) of this section, be vested in
the Secretary concerned.
(b) Effective July 1, 1950, all duties, powers, and func-
tions exercised by the Veterans’ Administration pursu-
ant to Executive Order No.
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1216a
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