[Federal Register Volume 70, Number 246 (Friday, December 23, 2005)]
[Proposed Rules]
[Page 76221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7758]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 70, No. 246 / Friday, December 23, 2005 / 
Proposed Rules  

[[Page 76221]]



DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 3 and 4

RIN 2900-AH21


Total Disability Ratings Based on Inability of the Individual To 
Engage in Substantially Gainful Employment

AGENCY: Department of Veterans Affairs.

ACTION: Withdrawal of proposed rule.

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SUMMARY: In a document published in the Federal Register at 66 FR 49886 
on October 1, 2001, the Department of Veterans Affairs (VA) proposed to 
amend those portions of its adjudication regulations and its Schedule 
for Rating Disabilities dealing with the issue of total disability 
ratings based on inability of the individual to engage in substantially 
gainful employment in claims for service-connected compensation or non-
service-connected pension. This document withdraws that proposed rule.

DATES: The proposed rule is withdrawn as of December 23, 2005.

FOR FURTHER INFORMATION CONTACT: Beth Easter, Consultant, Policy and 
Regulations Staff, Compensation and Pension Service, Veterans Benefits 
Administration, 810 Vermont Ave., NW., Washington, DC 20420, telephone 
(202) 273-7141.

SUPPLEMENTARY INFORMATION: The purpose of VA's notice of proposed 
rulemaking was to clarify the procedures and substantive standards for 
determining whether a veteran's disabilities, although they do not meet 
the schedular requirements for a total disability rating, nonetheless 
prevent him or her from engaging in substantially gainful employment. 
The intended effect of the rulemaking was to ensure consistency of 
decisions concerning claims for total disability ratings based upon 
individual unemployability. VA has carefully considered the issues 
relating to the payment of benefits under the proposed rule and 
determined that it does not accomplish the stated purpose or intended 
effect. Accordingly, VA is withdrawing the proposal and is developing a 
new proposal, which it intends to publish at a later date.

    Approved: December 14, 2005.
R. James Nicholson,
Secretary of Veterans Affairs.
[FR Doc. E5-7758 Filed 12-22-05; 8:45 am]
BILLING CODE 8320-01-P [FEDREG][VOL]*[/VOL][NO]*[/NO][DATE]*[/
DATE][PRORULES]