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Title 38 — Veterans’ Benefits

Part II · Chapter 11 — Compensation for Service-Connected Disability or Death

§ 1155. Authority for schedule for rating disabilities

Statutory text

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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 85–857 · 72 Stat. 1105

    Enacted · 38 U.S.C. § 1155

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1125, § 355

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1125, § 355

  2. Veterans’ Compensation and Program Improvements Amendments of 1984

    Pub. L. 98–223 title I § 101(c) · 98 Stat. 37

    Substituted · 38 U.S.C. § 1155

    Pub. L. 98–223 substituted “percent” for “per centum” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 98–223 substituted “percent” for “per centum” wherever appearing.

    Enacted provision · exact public law section
    (c) Sections 312 and 355 are amended by striking out “per centum” each place it appears and inserting in lieu thereof “percent”.

  3. Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 1155

    Pub. L. 102–83, § 5(a), renumbered section 355 of this title as this section

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 355 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  4. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 1155

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in two places.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  5. Pub. L. 102–86 title I § 103(a) · 105 Stat. 414

    Redesignated · 38 U.S.C. § 1155

    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 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.”

    Source evidence

    Code amendment note
    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 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.”

    Enacted provision · exact public law section
    (a) In General.— Section 355 is amended by adding at the end 38 USC 1155. the following: “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.”.

    Effective date note
    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].”

4 of 5 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1984–1991 · 2 rounds

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 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.”

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.

Statutory Notes and Related Subsidiaries

Effective Date of 1991 Amendment

Pub. L. 102–86, title I, § 103(b), , 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 [].”

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–223 effective , see section 107 of Pub. L. 98–223, set out as a note under section 1114 of this title.

Credits

1958–1991 · 4 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1125, § 355
  2. 1984Pub. L. 98–223, title I, § 101(c), , 98 Stat. 38
  3. 1991renumbered § 1155 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), , 105 Stat. 404–406
  4. 1991Pub. L. 102–86, title I, § 103(a), , 105 Stat. 414.
Show as published

(Pub. L. 85–857, , 72 Stat. 1125, § 355; Pub. L. 98–223, title I, § 101(c), , 98 Stat. 38; renumbered § 1155 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), , 105 Stat. 404–406; Pub. L. 102–86, title I, § 103(a), , 105 Stat. 414.)

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