BALDWIN COUNTY REVENUE COMMISSIONER
§3.340 Total and permanent total ratings and unemployability.
(a)
Total disability ratings—
(1) General. Total disability will be considered to exist when there is present any impairment of mind or
body which is sufficient to render it impossible for the average person to follow a substantially gainful
occupation. Total disability may or may not be permanent. Total ratings will not be assigned, generally, for
temporary exacerbations or acute infectious diseases except where specifically prescribed by the schedule.
(2) Schedule for rating disabilities. Total ratings are authorized for any disability or combination of
disabilities for which the Schedule for Rating Disabilities prescribes a 100 percent evaluation or, with less
disability, where the requirements of paragraph 16, page 5 of the rating schedule are present or where, in
pension cases, the requirements of paragraph 17, page 5 of the schedule are met.
(3) Ratings of total disability on history. In the case of disabilities which have undergone some recent
improvement, a rating of total disability may be made. provided:
(i) That the disability must in the past have been of sufficient severity to warrant a total disability rating;
(Il) That it must have required extended, continuous, or intermittent hospitalization, or have produced
total industrial incapacity for at least 1 year, or be subject to recurring, severe, frequent, or prolonged
exacerbations; and
(Iii) That it must be the opinion of the rating agency that despite the recent improvement of the physical
condition, the veteran will be unable to affect an adjustment into a substantially gainful occupation. Due
consideration will be given to the frequency and duration of totally incapacitating exacerbations since
incurrence of the original disease or injury, and to periods of hospitalization for treatment in determining
whether the average person could have reestablished himself or herself in a substantially gainful
occupation.
(b) Permanent total disability. Permanence of total disability will be taken to exist when such impairment is
reasonably certain to continue throughout the life of the disabled person. The permanent loss or loss of use
of both hands, or of both feet, or of one hand and one foot, or of the sight of both eyes. or becoming
permanently helpless or bedridden constitutes permanent total disability. Diseases and injuries of long
standing which are actually totally incapacitating will be regarded as permanently and totally disabling when
the probability of permanent improvement under treatment is remote. Permanent total disability ratings
may not be granted as a result of any incapacity from acute infectious disease, accident, or injury, unless
there is present one of the recognized combinations or permanent loss of use of extremities or sight, or the
person is in the strict sense permanently helpless or bedridden, or when it is reasonably certain that a
subsidence of the acute or temporary symptoms will be followed by irreducible totality of disability by way
of residuals. The age of the disabled person may be considered in determining permanence.
(c) Insurance ratings. A rating of permanent and total disability for insurance purposes will have no effect on
ratings for compensation or pension.
[26 FR 1585, Feb. 24, 1961, as amended at 46 FR 47541, sept. 29, 1981]
Physicians Signature Required_______________________________ Date____________
251-937-0245
FAIRHOPE
251-928-3002, EXT. 2640
FOLEY
251-943-5061, EXT. 2840
ROBERTSDALE
251-970-4035, EXT. 4810
EDDY
.
AUST,
R.
COLLECTIONS: P.O. Box 1549
ASSESSMENTS: P.O. Box 1389
BAY MINETTE, ALABAMA 36507
www.baldwincountyal.gov
1705 U.S. HWY. 31 SOUTH
