**§3.343 Continuance of total disability ratings.**

\(a\) *General.* Total disability ratings when warranted by the severity
of the condition and not granted purely because of hospital, surgical,
or home treatment, or individual unemployability will not be reduced, in
the absence of clear error, without examination showing material
improvement in physical or mental condition. Examination reports showing
material improvement must be evaluated in conjunction with all the facts
of record, and consideration must be given particularly to whether the
veteran attained improvement under the ordinary conditions of life,
i.e., while working or actively seeking work or whether the symptoms
have been brought under control by prolonged rest, or generally, by
following a regimen which precludes work, and, if the latter, reduction
from total disability ratings will not be considered pending
reexamination after a period of employment (3 to 6 months).

\(b\) *Tuberculosis; compensation.* In service-connected cases,
evaluations for active or inactive tuberculosis will be governed by the
Schedule for Rating Disabilities (Part 4 of this chapter). Where in the
opinion of the rating board the veteran at the expiration of the period
during which a total rating is provided will not be able to maintain
inactivity of the disease process under the ordinary conditions of life,
the case will be submitted under §3.321.

\(c\) *Individual unemployability.*

\(1\) In reducing a rating of 100 percent service-connected disability
based on individual unemployability, the provisions of §3.105(e) are for
application but caution must be exercised in such a determination that
actual employability is established by clear and convincing evidence.
When in such a case the veteran is undergoing vocational rehabilitation,
education or training the rating will not be reduced by reason thereof
unless there is received evidence of marked improvement or recovery in
physical or mental conditions or of employment progress, income earned,
and prospects of economic rehabilitation, which demonstrates
affirmatively the veteran's capacity to pursue the vocation or
occupation for which the training is intended to qualify him or her, or
unless the physical or mental demands of the course are obviously
incompatible with total disability. Neither participation in, nor the
receipt of remuneration as a result of participation in, a therapeutic
or rehabilitation activity under 38 U.S.C. 1718 shall be considered
evidence of employability. (Authority: 38 U.S.C. 1718(f))

\(2\) If a veteran with a total disability rating for compensation
purposes based on individual unemployability begins to engage in a
substantially gainful occupation during the period beginning after
January 1, 1985, the veteran's rating may not be reduced solely on the
basis of having secured and followed such substantially gainful
occupation unless the veteran maintains the occupation for a period of
12 consecutive months. For purposes of this subparagraph, temporary
interruptions in employment which are of short duration shall not be
considered breaks in otherwise continuous employment. (Authority: 38
U.S.C. 1163(a))

\(d\) \[Removed\]

\[33 FR 16273, Nov. 6, 1968, as amended at 39 FR 14944, Apr. 29, 1974;
50 FR 52775, Dec. 26, 1985; 53 FR 23236, June 21, 1988; 55 FR 17271,
Apr. 24, 1990; 57 FR 10426, Mar. 26, 1992; 58 FR 32445, June 10, 1993;
58 FR 46865, Sept. 3, 1993\]

**Cross reference:** Protection, total disability. See §3.951(b).

**Supplement *Highlights* reference**: 8(2b).