[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR4.18]

[Page 366]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents
 
                   Subpart A_General Policy in Rating
 
Sec. 4.18  Unemployability.

    A veteran may be considered as unemployable upon termination of 
employment which was provided on account of disability, or in which 
special consideration was given on account of the same, when it is 
satisfactorily shown that he or she is unable to secure further 
employment. With amputations, sequelae of fractures and other residuals 
of traumatism shown to be of static character, a showing of continuous 
unemployability from date of incurrence, or the date the condition 
reached the stabilized level, is a general requirement in order to 
establish the fact that present unemployability is the result of the 
disability. However, consideration is to be given to the circumstances 
of employment in individual claims, and, if the employment was only 
occasional, intermittent, tryout or unsuccessful, or eventually 
terminated on account of the disability, present unemployability may be 
attributed to the static disability. Where unemployability for pension 
previously has been established on the basis of combined service-
connected and nonservice-connected disabilities and the service-
connected disability or disabilities have increased in severity, Sec. 
4.16 is for consideration.

[40 FR 42536, Sept. 15, 1975, as amended at 43 FR 45349, Oct. 2, 1978]