410.426—Determining total disability: Age, education, and work experience criteria.
(a)
Pneumoconiosis which constitutes neither an impairment listed in the appendix to this subpart (see § 410.424 ), nor the medical equivalent thereof, shall nevertheless be found totally disabling if because of the severity of such impairment, the miner is (or was) not only unable to do his previous coal mine work, but also cannot (or could not), considering his age, his education, and work experience, engage in any other kind of comparable and gainful work (see § 410.412(a)(1)) available to him in the immediate area of his residence. A miner shall be determined to be under a disability only if his pneumoconiosis is (or was) the primary reason for his inability to engage in such comparable and gainful work. Medical impairments other than pneumoconiosis may not be considered.
The following criteria recognize that an impairment in the transfer of oxygen from the lung alveoli to cellular level can exist in an individual even though his chest roentgenogram (X-ray) or ventilatory function tests are normal.
(b)
Subject to the limitations in paragraph (a) of this section, pneumoconiosis shall be found disabling if it is established that the miner has (or had) a respiratory impairment because of pneumoconiosis demonstrated on the basis of a ventilatory study in which the maximum voluntary ventilation (MVV) or maximum breathing capacity (MBC), and 1-second forced expiratory volume (FEV1 ), are equal to or less than the values specified in the following table or by a medically equivalent test:
| Height (inches) | MVV (MBC) equal to or less than L./Min. | FEV1 equal to or less than I. |
|---|---|---|
| 57 or less | 52 | 1.4 |
| 58 | 53 | 1.4 |
| 59 | 54 | 1.4 |
| 60 | 55 | 1.5 |
| 61 | 56 | 1.5 |
| 62 | 57 | 1.5 |
| 63 | 58 | 1.5 |
| 64 | 59 | 1.6 |
| 65 | 60 | 1.6 |
| 66 | 61 | 1.6 |
| 67 | 62 | 1.7 |
| 68 | 63 | 1.7 |
| 69 | 64 | 1.8 |
| 70 | 65 | 1.8 |
| 71 | 66 | 1.8 |
| 72 | 67 | 1.9 |
| 73 or more | 68 | 1.9 |
(c)
Where the values specified in paragraph (b) of this section are not met, pneumoconiosis may nevertheless be found disabling if a physical performance test establishes a chronic respiratory or pulmonary impairment which is medically the equivalent of the values specified in the table in paragraph (b) of this section. Any decision with respect to such medical equivalence shall be based on medically accepted clinical and laboratory diagnostic techniques including a medical judgment furnished by one or more physicians designated by the Administration.
(d)
Where a ventilatory study and/or a physical performance test is medically contraindicated, or cannot be obtained, or where evidence obtained as a result of such tests does not establish that the miner is totally disabled, pneumoconiosis may nevertheless be found totally disabling if other relevant evidence (see § 410.414(c)) establishes that the miner has (or had) a chronic respiratory or pulmonary impairment, the severity of which prevents (or prevented) him not only from doing his previous coal mine work, but also, considering his age, his education, and work experience, prevents (or prevented) him from engaging in comparable and gainful work.
(e)
When used in this section, the term age refers to chronological age and the extent to which it affects the miner's capacity to engage in comparable and gainful work.
(f)
When used in this section, the term education is used in the following sense: Education and training are factors in determining the employment capacity of a miner. Lack of formal schooling, however, is not necessarily proof that a miner is an uneducated person. The kinds of responsibilities with which he was charged when working may indicate ability to do more than unskilled work even though his formal education has been limited.