Revised July 29, 2021
VIII.iv.8.A.1.aPurpose of Prestabilization Ratings Under 38 CFR 4.28
Prestabilization ratings under 38 CFR 4.28 are provided to assure earliest payment to those Veterans separated from service with a significant unstabilized disability at a time when they are most likely in need and least likely to be self-sufficient.
VIII.iv.8.A.1.bWhen to Prepare a Prestabilization Rating
If a Veteran has an unstable, significantly disabling service-connected (SC) disability at the time of separation that will continue for an indefinite period
- prepare a prestabilization rating for the unstabilized disability(ies) without waiting for further development or examination on the disability(ies), and
- defer a decision on any issues that are not ready for a decision.
2Rating Considerations for Prestabilization Ratings
This topic contains rating considerations for prestabilization ratings, including
- criteria for assigning a prestabilization rating
- when a prestabilization rating is not appropriate
- when to assign 100- and 50- percent prestabilization ratings
- duration of the award under 38 CFR 4.28
- assigning a prestabilization rating when potential eligibility for special monthly compensation (SMC) exists, and
- handling
- prestabilization ratings when severance pay is awarded, and
- certain mental disorders that cause discharge from service.
Revised July 29, 2021
VIII.iv.8.A.2.aCriteria for Assigning a Prestabilization Rating
Assign a prestabilization rating if service treatment records show the existence of an unstabilized condition stemming from any disease or injury for which service connection (SC) may be awarded.
VIII.iv.8.A.2.bWhen a Prestabilization Rating Is Not Appropriate
Do not assign a
- total 100-percent prestabilization rating in any case in which a total rating is immediately assignable
- under the regular provisions of the rating schedule, or
- on the basis of individual unemployability, or
- 50-percent prestabilization rating in any case in which an evaluation of 50 percent or higher would otherwise be immediately assignable under the regular provisions of the rating schedule.
VIII.iv.8.A.2.cWhen to Assign 100 and 50 Percent Prestabilization Ratings
Use the information below to determine when to assign 100 and 50 percent prestabilization ratings.
| When … | Then assign a … |
|---|---|
| 100-percent prestabilization rating. |
| 50-percent prestabilization rating. |
VIII.iv.8.A.2.dDuration of the Award Under 38 CFR 4.28
Prepare prestabilization ratings under 38 CFR 4.28 as “open ratings.”
VIII.iv.8.A.2.eAssigning a Prestabilization Rating When Potential Eligibility for SMC Exists
If there is an indication of possible entitlement to special monthly compensation (SMC), but records are insufficient to make a determination
- evaluate disabilities in a prestabilization rating at the level of loss that is shown, and
- request an at-once examination to determine the full extent of disability.
VIII.iv.8.A.2.f. Handling Prestabilization Ratings When Severance Pay Is Awarded | In some cases, VA assigns a 50- or 100-percent prestabilization rating for 1 or more, but not all, of the same disabilities for which the Veteran received severance pay. In such cases, assign separate evaluations for the disabilities for which severance pay was awarded to assist authorization activity in processing an award. | |
VIII.iv.8.A.2.g. Handling Certain Mental Disorders That Cause Discharge From Service | The provisions of 38 CFR 4.129 operate similarly to 38 CFR 4.28 prestabilization ratings. They both state that qualifying significant disabilities that exist at service discharge will be evaluated at the 50 percent level or higher. However, under 38 CFR 4.129 |
- the only covered condition is a mental disorder that
- develops in service as a result of a highly stressful event, and
- is significant enough to cause release from active service, and
- the evaluations are assigned under the regular rating schedule.
Where a qualifying mental disorder is at issue, consider whether the schedular rating available under 38 CFR 4.129 makes a pre-stabilization rating under 38 CFR 4.28 inappropriate. Reference: For more information on evaluations in cases of service discharge from mental disorders caused by traumatic stress, see
3Reexaminations and Reductions for Prestabilization Ratings
This topic contains guidance on reexaminations and reductions for prestabilization ratings, including
- future examination control of prestabilization ratings
- reevaluation of the service-connected (SC) disability(ies) in prestabilization ratings, and
- effective date of reductions in combined evaluations under 38 CFR 3.105(e).
Revised July 29, 2021
VIII.iv.8.A.3.aFuture Examination Control of Prestabilization Ratings
When assigning a prestabilization rating, set a future examination control between 6 and 12 months following separation from service for all SC disabilities that are evaluated under 38 CFR 4.28. Reference: For more information on future examinations, see M21-1, Part IV, Subpart ii, 1.B.
VIII.iv.8.A.3.bExpediting Reevaluation of the SC Disability(ies) in Prestabilization Ratings
After the rating activity receives the report of the examination, completed 6 to 12 months following separation, it must reevaluate the SC disability(ies) to which it assigned a prestabilization rating. Note: A Veteran who, without good cause, fails to report for the Department of Veterans Affairs examination scheduled in connection with a prestabilization rating under 38 CFR 4.28 is subject to adjustment of benefits under 38 CFR 3.655. References: For more information on
- a Veteran’s failure to report for a review examination, see M21-1, Part IV, Subpart ii, 2.B, and
- denials when a Veteran fails to report for an examination, see M21-1, Part VI, Subpart i, 1.A.4.b.
VIII.iv.8.A.3.cEffective Date of Reductions in Combined Evaluations Under 38 CFR 3.105(e)
Reductions in combined evaluations under 38 CFR 3.105(e) are effective the later of the following:
- the end of the period under the provisions of 38 CFR 3.105(e), or
- the first day of the month following the twelfth month after discharge.
End of Part VIII, Subpart iv, Chapter 8, Section A