When a veteran's disability is significantly worse than what the VA's standard rating schedule accounts for, an extraschedular rating under 38 CFR § 3.321(b) may provide a higher compensation level. This process, known as extraschedular consideration, is evaluated using a three-step analysis established in the Thun case.
The Three-Step Thun Analysis
The Thun analysis involves three key questions:
- Does the veteran's disability present symptoms or functional impairment not contemplated by the standard rating criteria?
- If so, are those symptoms or impairments so exceptional or unusual that the standard rating is inadequate to fairly evaluate the disability?
- If the answer to both is yes, the case is referred to the Director of Compensation Service for a determination of an appropriate rating.
The Director of Compensation Referral Process
Once a case meets the first two Thun criteria, the VA regional office must forward the claim to the Director of Compensation Service. The Director can then assign a rating higher than the maximum allowed by the schedule, or refer the case back with instructions. This referral is mandatory when the threshold is met.
Extraschedular TDIU Under 4.16(b)
In addition to extraschedular ratings for a single disability, veterans may also qualify for extraschedular Total Disability based on Individual Unemployability (TDIU) under 38 CFR § 4.16(b). This applies when a veteran's service-connected disabilities, while not meeting the standard schedular criteria for TDIU, nonetheless render them unable to secure or follow a substantially gainful occupation.
Quiz Time
The video concludes with a quiz to help viewers test their understanding of the extraschedular rating process. For more information, visit Professor Erica's VA resources page or use her VA Ratings Calculator.
This article is based on a video by Professor Erica, available on YouTube.