Direct result of an injury—A disability results directly from an injury if the injury is a substantial factor in bringing the disability about.
Gainful work means full-or part-time activity that actually is compensated or commonly is compensated.
Medical certainty—A fact exists to a degree of medical certainty, when, pursuant to a medical assessment, the fact is demonstrated by convincing evidence.
Permanently disabled—An individual is permanently disabled only if there is a degree of medical certainty (given the current state of medicine in the United States) that his disabled condition—
(1) Will progressively deteriorate or remain constant, over his expected lifetime; or
(2) Otherwise has reached maximum medical improvement.
Product of an injury—Permanent and total disability is produced by a catastrophic injury suffered as a direct and proximate result of a personal injury if the disability is a direct result of the personal injury.
Residual functional capacity means that which an individual still is capable of doing, as shown by medical (and, as appropriate, vocational) assessment, despite a disability.
Totally disabled—An individual is totally disabled only if there is a degree of medical certainty (given the current state of medicine in the United States) that his residual functional capacity is such that he cannot perform any gainful work.
authority: 34 U.S.C. ch. 101, subch. XI;
34 U.S.C. 10110,
10221,
10225,
10226,
10251,
10261,
10272,
110286,
10287,
10288; Pub. L. 90 351, title IX, sec. 1601, 82 Stat. 239; Pub. L. 94 430, secs. 4 through 6, 90 Stat. 1348; Pub. L. 106-113, div. B, sec. 1000(a)(1) [title I, sec. 108(a)], 113 Stat. 1535, 1501A-20, as amended by Pub. L. 107-56, title VI, sec. 614, 115 Stat. 370, and codified (as amended) as a statutory note to
34 U.S.C. 10110; Pub. L. 106-553, sec. 1(a)(2) [title I, sec. 108], 114 Stat. 2762, 2762A-6; Pub. L. 107 37, secs. 1 and 2, 115 Stat. 219
source: 71 FR 46037, Aug. 10, 2006, unless otherwise noted.
cite as: 28 CFR 32.23