38-U.S.C.-1155
§1155 – Authority For Schedule For Rating Disabilities
Pathway
Title 38 > Part II > Chapter 11 > Subchapter VI > Section 1155
Details
- Reference: Section 1155
- Legend: §1155 – Authority For Schedule For Rating Disabilities
- USCode Year: 2013
Provision Content
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 veterans disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veterans disability is shown to have occurred.
(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.)
Amendments
1991—Pub. L. 102–86 amended this section as in effect before the redesignations made by Pub. L. 102–83, §5, by inserting at end However, in no event shall such a readjustment in the rating schedule cause a veterans disability rating in effect on the effective date of the readjustment to be reduced unless an improvement in the veterans disability is shown to have occurred.
Pub. L. 102–83, §5(a), renumbered section 355 of this title as this section.
Pub. L. 102–83, §4(b)(1), (2)(E), substituted Secretary for Administrator in two places.
1984—Pub. L. 98–223 substituted percent for per centum wherever appearing.
Effective Date of 1991 Amendment
Pub. L. 102–86, title I, §103(b), Aug. 14, 1991, 105 Stat. 415, provided that: The amendment made by subsection (a) [amending this section] shall apply with regard to changes in rating schedules that take effect after the date of the enactment of this Act [Aug. 14, 1991].
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–223 effective Apr. 1, 1984, see section 107 of Pub. L. 98–223, set out as a note under section 1114 of this title.
U.S. Encyclopedia of Law Coverage
38-U.S.C.-1134 in the Legal Encyclopedia: Veterans
In this entry about 38-U.S.C.-1134, find legal reference material, bibliographies and premiere content related to veterans in the American Encyclopedia of Law, presenting a comprehensive view of the United States veterans-specific issues, written by authorities in the field.
38-U.S.C.-1121 in the Legal Encyclopedia: Compensation
In this entry about 38-U.S.C.-1121, find legal reference material, bibliographies and premiere content related to compensation in the American Encyclopedia of Law, presenting a comprehensive view of the United States compensation-specific issues, written by authorities in the field.
38-U.S.C.-1151 in the Legal Encyclopedia: Benefits
In this entry about 38-U.S.C.-1151, find legal reference material, bibliographies and premiere content related to benefits in the American Encyclopedia of Law, presenting a comprehensive view of the United States benefits-specific issues, written by authorities in the field.
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