38 C.F.R. § 4.7 : Pensions, Bonuses, and Veterans' Relief — DEPARTMENT OF VETERANS AFFAIRS — SCHEDULE FOR RATING DISABILITIES — GENERAL POLICY IN RATING — Higher of two evaluations

Where there is a question as to which of two evaluations shall be applied, the higher evaluation will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned.

38 C.F.R. §4.7