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38 U.S.C. § 1155 — Authority for schedule for rating disabilities
Federal law — U.S. Code and appendices · legal_authorities
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.
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Stable record: federal_law:legal_authorities:record_usc_d2980c61b896ca3b95466417
Source file: Laws/federal/codes/united-states-code/title-38/section-1155-authority-for-schedule-for-rating-disabilities--73fd58ac5a.md
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Source location: Title 38, Chapter 11, § 1155; chapter-011-compensation-for-service-connected-disability-or-death.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of [section 1110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1110&num=0&edition=prelim)—
**(a)** if and while the disability is rated 10 percent the monthly compensation shall be $123;
**(b)** if and while the disability is rated 20 percent the monthly compensation shall be $243;
**(c)** if and while the disability is rated 30 percent the monthly compensation shall be $376;
**(d)** if and while the disability is rated 40 percent the monthly compensation shall be $541;
**(e)** if and while the disability is rated 50 percent the monthly compensation shall be $770;
**(f)** if and while the disability is rated 60 percent the monthly compensation shall be $974;
**(g)** if and while the disability is rated 70 percent the monthly compensation shall be $1,228;
**(h)** if and while the disability is rated 80 percent the monthly compensation shall be $1,427;
**(i)** if and while the disability is rated 90 percent the monthly compensation shall be $1,604;
**(j)** if and while the disability is rated as total the monthly compensation shall be $2,673;
**(k)** if the veteran, as the result of service-connected disability, has suffered the anatomical loss or loss of use of one or more creative organs, or one foot, or one hand, or both buttocks, or blindness of one eye, having only light perception, has suffered complete organic aphonia with constant inability to communicate by speech, or deafness of both ears, having absence of air and bone conduction, or, in the case of a woman veteran, has suffered the anatomical loss of 25 percent or more of tissue from a single breast or both breasts in combination (including loss by mastectomy or partial mastectomy) or has received radiation treatment of breast tissue, the
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1114
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Under regulations approved by the Secretary of Defense, the Secretary concerned may provide voluntary separation pay and benefits in accordance with this section to eligible members of the armed forces who are voluntarily separated from active duty in the armed forces.
**(b) Eligible Members.—**
(1) Except as provided in paragraph (2), a member of the armed forces is eligible for voluntary separation pay and benefits under this section if the member—
(A) has served on active duty for more than 6 years but not more than 20 years;
(B) has served at least 5 years of continuous active duty immediately preceding the date of the member’s separation from active duty;
(C) has not been approved for payment of a voluntary separation incentive under [section 1175 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1175&num=0&edition=prelim);
(D) meets such other requirements as the Secretary concerned may prescribe, which may include requirements relating to—
(i) years of service, skill, rating, military specialty, or competitive category;
(ii) grade or rank;
(iii) remaining period of obligated service; or
(iv) any combination of these factors; and
(E) requests separation from active duty.
(2) The following members are not eligible for voluntary separation pay and benefits under this section:
(A) Members discharged with disability severance pay under [section 1212 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1212&num=0&edition=prelim).
(B) Members transferred to the temporary disability retired list under section 1202 or 1205 of this title.
(C) Members being evaluated for disability retirement under chapter 61 of this title.
(D
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1175a
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Federal law — U.S. Code and appendices · legal_authorities
An action of the Secretary to which section 552(a)(1) or 553 of title 5 (or both) refers is subject to judicial review. Such review shall be in accordance with chapter 7 of title 5 and may be sought only in the United States Court of Appeals for the Federal Circuit. However, if such review is sought in connection with an appeal brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 502
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1)
(A) Except as provided in subparagraph (B), a specific claim in the form prescribed by the Secretary (or jointly with the Commissioner of Social Security, as prescribed by [section 5105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5105&num=0&edition=prelim)) must be filed in order for benefits to be paid or furnished to any individual under the laws administered by the Secretary.
(B)
(i) The Secretary may pay benefits under chapters 13 and 15 and sections 2303, 2307, and 5121 of this title to a survivor of a veteran who has not filed a formal claim if the Secretary determines that the record contains sufficient evidence to establish the entitlement of the survivor to such benefits.
(ii) For purposes of this subparagraph and [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim), the earlier of the following dates shall be treated as the date of the receipt of the survivor’s application for benefits described in clause (i):
(I) The date on which the survivor of a veteran (or the representative of such a survivor) notifies the Secretary of the death of the veteran through a death certificate or other relevant evidence that establishes entitlement to survivors’ benefits identified in clause (i).
(II) The head of any other department or agency of the Federal Government notifies the Secretary of the death of the veteran.
(iii) In notifying the Secretary of the death of a veteran as described in clause (ii)(I), the survivor (or the representative of such a survivor) may submit to the Secretary additional documents relating to such death without being required to file a formal claim.
(2) If an individual has
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—**
(1) There is in the Department the Advisory Committee on Disability Compensation (in this section referred to as the “Committee”).
(2) The Committee shall consist of not more than 18 members appointed by the Secretary from among individuals who—
(A) have experience with the provision of disability compensation by the Department; or
(B) are leading medical or scientific experts in relevant fields.
(3)
(A) Except as provided in subparagraph (B), the Secretary shall determine the terms of service and pay and allowances of the members of the Committee.
(B) A term of service may not exceed four years and shall be staggered to ensure that the dates for the termination of the members’ terms are not all the same.
(C) The Secretary may reappoint any member for one or more additional terms of service.
(4) The Secretary shall select a Chair from among the members of the Committee.
**(b) Responsibilities of Committee.—**
(1) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the maintenance and periodic readjustment of the schedule for rating disabilities under [section 1155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1155&num=0&edition=prelim).
(2)
(A) In providing advice to the Secretary under this subsection, the Committee shall—
(i) assemble and review relevant information relating to the needs of veterans with disabilities;
(ii) provide information relating to the nature and character of disabilities arising from service in the Armed Forces;
(iii) provide an on-going assessment of the effectiveness of the schedule for rating disabilities; and
(iv) provide on-going advice on the most appropriate means of resp
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 546
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Court of Appeals for Veterans Claims shall have exclusive jurisdiction to review decisions of the Board of Veterans’ Appeals. The Secretary may not seek review of any such decision. The Court shall have power to affirm, modify, or reverse a decision of the Board or to remand the matter, as appropriate.
**(b)** Review in the Court shall be on the record of proceedings before the Secretary and the Board. The extent of the review shall be limited to the scope provided in [section 7261 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7261&num=0&edition=prelim). The Court may not review the schedule of ratings for disabilities adopted under [section 1155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1155&num=0&edition=prelim) or any action of the Secretary in adopting or revising that schedule.
**(c)** Decisions by the Court are subject to review as provided in [section 7292 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7292&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7252
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** After a decision of the United States Court of Appeals for Veterans Claims is entered in a case, any party to the case may obtain a review of the decision with respect to the validity of a decision of the Court on a rule of law or of any statute or regulation (other than a refusal to review the schedule of ratings for disabilities adopted under [section 1155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1155&num=0&edition=prelim)) or any interpretation thereof (other than a determination as to a factual matter) that was relied on by the Court in making the decision. Such a review shall be obtained by filing a notice of appeal with the Court of Appeals for Veterans Claims within the time and in the manner prescribed for appeal to United States courts of appeals from United States district courts.
**(b)**
(1) When a judge or panel of the Court of Appeals for Veterans Claims, in making an order not otherwise appealable under this section, determines that a controlling question of law is involved with respect to which there is a substantial ground for difference of opinion and that there is in fact a disagreement between the appellant and the Secretary with respect to that question of law and that the ultimate termination of the case may be materially advanced by the immediate consideration of that question, the judge or panel shall notify the chief judge of that determination. Upon receiving such a notification, the chief judge shall certify that such a question is presented, and any party to the case may then petition the Court of Appeals for the Federal Circuit to decide the question. That court may permit an interlocutory appeal to be taken on that question if such a petition is filed with it within 10 days after th
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7292
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall carry out a quality assurance program in the Veterans Benefits Administration. The program may be carried out through a single quality assurance division in the Administration or through separate quality assurance entities for each of the principal organizational elements (known as “services”) of the Administration.
**(b)** The Secretary shall ensure that any quality assurance entity established and operated under subsection (a) is established and operated so as to meet generally applicable governmental standards for independence and internal controls for the performance of quality reviews of Government performance and results.
**(c)**
(1) The Secretary shall enter into a contract with an independent third-party entity to conduct, during the three-year period beginning on the date of the enactment of the Veterans’ Benefits Improvement Act of 2008, an assessment of the quality assurance program carried out under subsection (a).
(2) The assessment conducted under paragraph (1) shall evaluate the following:
(A) The quality and accuracy of the work of employees of the Veterans Benefits Administration, using a statistically valid sample of such employees and a statistically valid sample of such work.
(B) The performance of each regional office of the Veterans Benefits Administration.
(C) The accuracy of the disability ratings assigned under the schedule for rating disabilities under [section 1155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1155&num=0&edition=prelim).
(D) The consistency of disability ratings among regional offices of the Veterans Benefits Administration, based on a sample of specific disabilities.
(E) The performance of employees and managers of the Veterans Benefit
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7731
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Contents** A State plan for medical assistance must—
(1) provide that it shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them;
(2) provide for financial participation by the State equal to not less than 40 per centum of the non-Federal share of the expenditures under the plan with respect to which payments under [section 1396b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396b&num=0&edition=prelim) are authorized by this subchapter; and, effective July 1, 1969, provide for financial participation by the State equal to all of such non-Federal share or provide for distribution of funds from Federal or State sources, for carrying out the State plan, on an equalization or other basis which will assure that the lack of adequate funds from local sources will not result in lowering the amount, duration, scope, or quality of care and services available under the plan;
(3) provide for granting an opportunity for a fair hearing before the State agency to any individual whose claim for medical assistance under the plan is denied or is not acted upon with reasonable promptness;
(4) provide (A) such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods, including provision for utilization of professional medical personnel in the administration and, where administered locally, supervision of administration of the plan, and, subject to [section 1396b(i) of this title](https://uscode.house.gov/view.xhtml?req=granulei
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1396a
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Federal law — U.S. Code and appendices · legal_authorities
Page 190
TITLE 38—VETERANS’ BENEFITS
§ 1155
INTERIM BENEFITS FOR DISABILITY OR DEATH IN
CERTAIN CASES
Pub. L. 98–542, § 9, Oct. 24, 1984, 98 Stat. 2732, provided
for payment of interim monthly disability benefits to
veterans who had served in Vietnam during Vietnam
era and who had diseases chloracne and porphyria
cutanea tarda which manifested themselves within one
year after date of veteran’s most recent departure from
Vietnam, but with no such interim benefits to be paid
after Sept. 30, 1986.
RADIATION EXPOSURE STUDY AND GUIDE
Pub. L. 98–160, title VI, Nov. 21, 1983, 97 Stat. 1006, as
amended by Pub. L. 98–542, § 8(b), Oct. 24, 1984, 98 Stat.
2732, provided for the conduct of an epidemiological
study of long-term adverse health effects of exposure to
ionizing radiation from detonation of nuclear devices
in connection with tests of such devices or in connec-
tion with occupation of Hiroshima and Nagasaki,
Japan, between Sept. 11, 1945, and July 1, 1946, and pro-
vided for reports to Congress on studies made together
with recommendations as to necessary legislation.
§ 1155. Authority for schedule for rating disabil-
ities
The Secretary shall adopt and apply a sched-
ule 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 capac-
ity resulting from such injuries in civil occupa-
tions. 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 thi
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 1155
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.