[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR3.341]

[Page 247]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS
 
PART 3--ADJUDICATION--Table of Contents
 
     Subpart A--Pension, Compensation, and Dependency and Indemnity 
                              Compensation
 
Sec. 3.341  Total disability ratings for compensation purposes.

    (a) General. Subject to the limitation in paragraph (b) of this 
section, total-disability compensation ratings may be assigned under the 
provisions of Sec. 3.340. However, if the total rating is based on a 
disability or combination of disabilities for which the Schedule for 
Rating Disabilities provides an evaluation of less than 100 percent, it 
must be determined that the service-connected disabilities are 
sufficient to produce unemployability without regard to advancing age.


(Authority: 38 U.S.C. 1155)

    (b) Incarcerated veterans. A total rating for compensation purposes 
based on individual unemployability which would first become effective 
while a veteran is incarcerated in a Federal, State or local penal 
institution for conviction of a felony, shall not be assigned during 
such period of incarceration. However, where a rating for individual 
unemployability exists prior to incarceration for a felony, or prior to 
October 7, 1980, and routine review is required the case will be 
reconsidered to determine if continued eligibility for such rating 
exists.


(Authority: 38 U.S.C. 5313(c))

    (c) Program for vocational rehabilitation. Each time a veteran is 
rated totally disabled on the basis of individual unemployability during 
the period beginning after January 31, 1985, the Vocational 
Rehabilitation and Employment Division will be notified so that an 
evaluation may be offered to determine whether the achievement of a 
vocational goal by the veteran is reasonably feasible.

(Authority: 38 U.S.C. 1163)

[46 FR 47541, Sept. 29, 1981, as amended at 50 FR 52774, Dec. 26, 1985; 
55 FR 17271, Apr. 24, 1990l; 58 FR 32445, June 10, 1993]