a. Applying the Use the table below to determine appropriate rating action and end product Provisions of 38 (EP) control when a reduction is warranted in a total schedular Veteran’s CFR 4.16 evaluation to a level meeting the IU requirements of . If the evidence shows Then the rating EP Control activity … … a reasonably raised proposes the Rating EP remains claim for entitlement to reduction of the pending for the IU exists evaluation, deferred IU issue. and Establish a separate EP For more Reference: defers the issue of 600 to control for the information on entitlement to IU for proposed reduction of reasonably raised claims additional the schedular for entitlement to IU, development to evaluation. see M21-1, Part IV, include sending VA Subpart ii, 2.F.2.m. Form 21-8940, Veterans Application For Increased Compensation Based on Unemployability. a reasonably raised takes no further action Clear the rating EP, if claim for IU on the issue of does not otherwise warranted, exist entitlement to IU. and establish EP 600 for the proposed reduction. b. Determining The effective date for IU must take into account the date of reduction from the Effective the schedular 100 percent. Date for IU Under , 22 Vet.App. 280 (2008), VA may potentially consider an IU claim for a particular SC disability even when a schedular 100-percent rating is already in effect for another SC disability in order to determine the Veteran’s eligibility for housebound benefits under . The effective date for an IU rating in this case may overlap a period Note: where a 100-percent schedular rating was already established, so long as all other requirements for that separate rating and effective date were met.
a. Applying the Provisions of 38 CFR 4.16 Use the table below to determine appropriate rating action and end product (EP) control when a reduction is warranted in a Veteran’s total schedular evaluation to a level meeting the IU requirements of . If the evidence shows … Then the rating activity … EP Control a reasonably raised claim for entitlement to IU exists Reference: For more information on reasonably raised claims for entitlement to IU, see M21-1, Part IV, Subpart ii, 2.F.2.m. proposes the reduction of the evaluation, and defers the issue of entitlement to IU for additional development to include sending VA Form 21-8940, Veterans Application For Increased Compensation Based on Unemployability. Rating EP remains pending for the deferred IU issue. Establish a separate EP 600 to control for the proposed reduction of the schedular evaluation. a reasonably raised claim for IU does not exist takes no further action on the issue of entitlement to IU. Clear the rating EP, if otherwise warranted, and establish EP 600 for the proposed reduction. b. Determining the Effective Date for IU The effective date for IU must take into account the date of reduction from the schedular 100 percent. Under , 22 Vet.App. 280 (2008), VA may potentially consider an IU claim for a particular SC disability even when a schedular 100-percent rating is already in effect for another SC disability in order to determine the Veteran’s eligibility for housebound benefits under . Note: The effective date for an IU rating in this case may overlap a period where a 100-percent schedular rating was already established, so long as all other requirements for that separate rating and effective date were met.
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