M21-1MR, Part IV, Subpart II, Chapter 2, Section F


Exhibit 1: Rating Decision Addressing a Veteran’s Failure to Complete a Field Examination



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29. Exhibit 1: Rating Decision Addressing a Veteran’s Failure to Complete a Field Examination



Introduction

This topic contains an example of a rating decision addressing a veteran’s failure to complete a field examination.


Change Date

September 8, 2009


a. Rating Decision: Failure to Complete a Field Examination

An example of a rating decision addressing a veteran’s failure to complete a field examination is below.




DECISION: A reduction to the schedular evaluation shown below is proposed because of the veteran’s failure to cooperate with a required field examination.
EVIDENCE: Notice of Failure to Cooperate with field examiner.
REASONS FOR DECISION: A total disability rating has been in effect because of unemployability. Notice has been received that the veteran refused to cooperate in completing a required field examination.
JURISDICTION: Field Examiner Notification

SUBJECT TO COMPENSATION (1.SC)


                           
                           
                           
                           
                           
COMBINED EVALUATION FOR COMPENSATION:
Individual Unemployability from           
NOT SERVICE CONNECTED/NOT SUBJECT TO COMPENSATION (8.NSC)



30. Exhibit 2: Rating Decision Addressing a Veteran’s Failure to Respond to a Notice of Proposed Adverse Action After Failure to Complete a Field Examination




Introduction

This topic contains an example of a rating decision addressing a veteran’s failure to respond to a notice of proposed adverse action after failure to complete a field examination.


Change Date

September 8, 2009

Continued on next page

30. Exhibit 2: Rating Decision Addressing a Veteran’s Failure to Respond to a Notice of Proposed Adverse Action After Failure to Complete a Field Examination, Continued


a. Rating Decision: Failure to Respond to a Notice of Proposed Adverse Action

An example of a rating decision addressing a veteran’s failure to respond to a notice of proposed adverse action after failure to complete a field examination is below.



DECISION: Reduction to the schedular evaluation is in order because of the veteran’s failure to cooperate in the completion of a required field examination.
EVIDENCE: Notice of Failure to Cooperate with field examiner.
REASONS FOR DECISION: A total disability rating has been in effect because of unemployability. Notice has been received that the veteran failed to cooperate with a required field examination and the veteran failed to respond to the notice of proposed adverse action sent           .
JURISDICTION: Field Examiner Notification

SUBJECT TO COMPENSATION (1.SC)


                            from                
                            from                
                            from                
                            from                
                            from                
COMBINED EVALUATION FOR COMPENSATION:
Individual Unemployability from            to            
NOT SERVICE CONNECTED/NOT SUBJECT TO COMPENSATION (8.NSC)

          
          



31. Exhibit 3: Rating Decision Addressing the Subsequent Receipt of Evidence That Restores IU After Failure to Complete a Field Examination




Introduction

This topic contains an example of a rating decision addressing the subsequent receipt of evidence that restores IU after failure to complete a field examination.


Change Date

September 8, 2009

Continued on next page

31. Exhibit 3: Rating Decision Addressing the Subsequent Receipt of Evidence That Restores IU After Failure to Complete a Field Examination, Continued


a. Rating Decision: Subsequent Receipt of Evidence That Restores IU

An example of a rating decision addressing the subsequent receipt of evidence that restores IU after failure to complete a field examination is below.




DECISION: The total rating based on unemployability is restored.
ISSUE: Total Disability Because of Unemployability
EVIDENCE: Report of Field Examination 12/11/95
REASONS FOR DECISION: Veteran’s total disability rating because of unemployability was reduced to the schedular evaluation because of the lack of cooperation in completing a required field examination. Sufficient evidence, including completion of the field examination, has been received establishing continuing unemployability.
JURISDICTION: Completion of Field Examination
SUBJECT TO COMPENSATION (1.SC)
                            from                
                            from                
                            from                
                            from                
                            from                
COMBINED EVALUATION FOR COMPENSATION
Individual Unemployability from           
NOT SERVICE CONNECTED/NOT SUBJECT TO COMPENSATION (8.NSC)



32. Exhibit 4: Poverty Threshold Information




Introduction

This topic contains information on the poverty threshold, including


  • marginal employment based on income below the poverty level, and

  • the poverty threshold for one person.



Change Date

September 8, 2009



a. Marginal Employment Based on Income Below the Poverty Threshold

38 CFR 4.16(a) provides that marginal employment is generally deemed to exist when a veteran’s earned income does not exceed the amount established by the U.S. Census Bureau as the average poverty threshold for one person.
Reference: For more information on the U.S. Census Bureau’s poverty thresholds, see http://www.census.gov/hhes/www/poverty/threshld.html.



Continued on next page

32. Exhibit 4: Poverty Threshold Information, Continued


b. Poverty Threshold for One Person

The table below lists the poverty threshold for one person by year.




Calendar Year

Amount

1989

$6,310

1990

$6,652

1991

$6,932

1992

$7,143

1993

$7,363

1994

$7,547

1995

$7,763

1996

$7,995

1997

$8,183

1998

$8,316

1999

$8,501

2000

$8,794

2001

$9,039

2002

$9,183

2003

$9,393

2004

$9,645

2005

$9,973

2006

$10,294

2007

$10,590



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