---
kind: "section"
citation: "38 C.F.R. § 4.17a"
title: "38"
number: "4.17a"
heading: "Misconduct etiology."
url: "https://uscodex.org/cfr/38/4.17a"
---

# §4.17a. Misconduct etiology.


A permanent and total disability rating under the provisions of §§ [4.15](/cfr/38/4.15.md), [4.16](/cfr/38/4.16.md) and [4.17](/cfr/38/4.17.md) will not be precluded by reason of the coexistence of misconduct disability when:

- (a) A veteran, regardless of employment status, also has innocently acquired 100 percent disability, or
- (b) Where unemployable, the veteran has other disabilities innocently acquired which meet the percentage requirements of §§ [4.16](/cfr/38/4.16.md) and [4.17](/cfr/38/4.17.md) and would render, in the judgment of the rating agency, the average person unable to secure or follow a substantially gainful occupation.

## Notes

### Amendments

[40 FR 42536, Sept. 15, 1975, as amended at 43 FR 45349, Oct. 2, 1978]

### Authority

Authority: 38 U.S.C. 1155, unless otherwise noted.

### Source

Source: 29 FR 6718, May 22, 1964, unless otherwise noted.

### Amendments

[40 FR 42536, Sept. 15, 1975, as amended at 43 FR 45349, Oct. 2, 1978]