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disability rated as total

Defined in 2 places of the United States Code.

Disability rated as total.—The term “disability rated as total” means—

(A) a disability, or combination of disabilities, that is rated as total under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; or

(B) a disability, or combination of disabilities, for which the scheduled rating is less than total but for which a rating of total is assigned by reason of inability of the disabled person concerned to secure or follow a substantially gainful occupation as a result of disabilities for which veterans’ disability compensation may be paid.

Source

  • 2003–202610 U.S.C. § 1414Armed Forces · Members eligible for retired pay who are also eligible for veterans disability compensation for disabilities rated 50 percent or higher: concurrent payment of retired pay and veterans disability compensation · in this section

The term “disability rated as total” means—

(A) a disability, or combination of disabilities, that is rated as total under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; or

(B) a disability, or combination of disabilities, for which the scheduled rating is less than total but for which a rating of total is assigned by reason of inability of the disabled person concerned to secure or follow a substantially gainful occupation as a result of disabilities for which veterans’ disability compensation may be paid.

Source

  • 2026–present10 U.S.C. § 1414Armed Forces · Members eligible for retired pay who are also eligible for veterans disability compensation for disabilities rated 50 percent or higher: concurrent payment of retired pay and veterans disability compensation · in this section

The term “disability rated as total” means—

(A) a disability that is rated as total under the standard schedule of rating disabilities in use by the Department of Veterans Affairs; or

(B) a disability for which the scheduled rating is less than total but for which a rating of total is assigned by reason of inability of the disabled person concerned to secure or follow a substantially gainful occupation as a result of service-connected disabilities.

Source