What this means
m21-1:XIII.ii.2.B explains ratings for veterans' civil service disability preference. In plain terms, the official guidance says for the purpose of certifying civil service disability preference, a service-connected (SC) disability may be assigned an evaluation of “ less than ten percent ” for any directly or presumptively SC disease or injury that exhibits some extent of actual impairment. It also addresses for non-combat disabilities, there must be ascertainable residuals before a “ less than ten percent ” evaluation may be assigned for civil service preference purposes. Ascertainable residuals means symptoms that can be objectively verified on examination.
How this may help with a claim
Use m21-1:XIII.ii.2.B when organizing evidence or checking VA's handling of ratings for veterans' civil service disability preference. Compare your application, supporting records, and notice with this source-specific point: For the purpose of certifying civil service disability preference, a service-connected (SC) disability may be assigned an evaluation of “ less than ten percent ” for any directly or presumptively SC disease or injury that exhibits some extent of actual impairment. For non-combat disabilities, there must be ascertainable residuals before a “ less than ten percent ” evaluation may be assigned for civil service preference purposes. Save proof of submission and identify the exact condition, exception, or missing development step before requesting correction or choosing a review option.
What to review in your file
- Check the file against this official condition: when a rating is required for civil service preference, and
- Confirm that the record or notice addresses this source point: For non-combat disabilities, there must be ascertainable residuals before a “ less than ten percent ” evaluation may be assigned for civil service preference purposes.
- Document how this stated step or exception applies: XIII.ii.2.B.1.c. When a Rating Is Required for Civil Service Preference
Important limits
m21-1:XIII.ii.2.B explains VA guidance for ratings for veterans' civil service disability preference; it does not guarantee an award or replace the statutes, regulations, binding decisions, and review instructions that control an individual claim. Conditions and exceptions still matter, including this source point: For the purpose of certifying civil service disability preference, a service-connected (SC) disability may be assigned an evaluation of “ less than ten percent ” for any directly or presumptively SC disease or injury that exhibits some extent of actual impairment. A rating is required for civil service preferance purposes if a previous rating did not establish entitlement to compensation, which includes special monthly compensation or entitlement under 38 CFR 3.324.
Search terms when useful
Phrases that may help when searching your claim file or this library.
- Ratings for Veterans' Civil Service Disability Preference
- m21-1:XIII.ii.2.B
- Ratings Civil Service
- Disability Preference
- Rating Determination Veteran Civil
- certifying civil service disability
- requirements civil service evaluations
- when rating required civil
Original VA guidance
The official VA text of this section
Overview
In This Section
This section contains the topic, " Rating Determination for Veterans' Civil Service Disability Preference."
1. Rating Determination for Veteran’s Civil Service Disability Preference
Introduction
This topic contains information on rating determination for Veteran’s civil service disability preference, including
- certifying civil service disability preference
- requirements for civil service evaluations
- when a rating is required for civil service preference, and
- what to include in the rating Narrative for civil service preference determinations.
Change Date
November 16, 2004
XIII.ii.2.B.1.a. Certifying Civil Service Disability Preference
For the purpose of certifying civil service disability preference, a service-connected (SC) disability may be assigned an evaluation of “ less than ten percent ” for any directly or presumptively SC disease or injury that exhibits some extent of actual impairment.
Reference: For more information on the definition of Veterans’ preference, see M21-1, Part XIII, Subpart ii, 2.A.
XIII.ii.2.B.1.b. Requirements for Civil Service Evaluations
For non-combat disabilities, there must be ascertainable residuals before a “ less than ten percent ” evaluation may be assigned for civil service preference purposes. Ascertainable residuals means symptoms that can be objectively verified on examination.
Note: Combat-incurred non-compensable disabilities warrant an evaluation of “ less than ten percent.”
Reference: For more information on civil service preference ratings, see 38 CFR 3.357.
XIII.ii.2.B.1.c. When a Rating Is Required for Civil Service Preference
A rating is required for civil service preferance purposes if a previous rating did not establish entitlement to compensation, which includes special monthly compensation or entitlement under 38 CFR 3.324.
XIII.ii.2.B.1.d. What to Include in the Rating Narrative for Civil Service Preference Determinations
In the Narrative of the civil service preference determination, show the diagnostic code, diagnosis, and an evaluation of either
- “ less than ten percent,” or
- “ The noncompensable service-connected disabilities have no ascertainable residuals.”