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Regulation · 38 CFR § 4.120

38 CFR 4.120: How VA evaluates neurological impairment

§ 4.120 Evaluations by comparison.

Claim Raven explanation

What this means

Neurological disability is evaluated in relation to the motor, sensory, or mental functions affected. This rule directs attention to the actual site and character of an injury and the impairments it causes.

Weakness, sensation changes, gait problems, speech difficulties, and other effects can involve different criteria. The medical record should identify the affected functions rather than treating the diagnosis name as a complete description.

How this helps your claim

This helps you connect a neurological examination with the rating schedule. Separate the documented effects and identify which code VA used for each relevant impairment.

What to check in your records

Use your decision, examination reports, and relevant records to check the following points.

  • Find the identified nerve, disease, or injury site.
  • Review motor, sensory, mental, and other functional findings that are relevant.
  • Compare those findings with the codes and effects discussed in the decision.

Describe the affected function and anatomical site

A neurological diagnosis can involve movement, sensation, cognition or several functions together. The examination should identify which are affected and the injury's location. A broad description such as nerve problems may not establish the particular nerve or functional pattern required by the schedule.

Keep subjective symptoms and objective findings clearly distinguished. Both may contribute to the picture, but they should not be treated as identical measurements. Read the selected diagnostic code with the clinical explanation so the evaluation follows the documented impairment rather than a diagnosis label alone.

Can every neurological symptom be combined separately?

Not automatically. Some findings overlap or are evaluated within one diagnostic framework. The applicable code and rules against duplicate compensation determine the treatment of distinct effects. Identify what each proposed evaluation would cover before assuming that several symptom names mean several separate disabilities.

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Official regulatory text

38 CFR § 4.120

eCFR snapshot: September 3, 2026. Layout and spacing are adapted for reading. The full section and its tables are included below.

§ 4.120 Evaluations by comparison.

Disability in this field is ordinarily to be rated in proportion to the impairment of motor, sensory or mental function. Consider especially psychotic manifestations, complete or partial loss of use of one or more extremities, speech disturbances, impairment of vision, disturbances of gait, tremors, visceral manifestations, injury to the skull, etc. In rating disability from the conditions in the preceding sentence refer to the appropriate schedule. In rating peripheral nerve injuries and their residuals, attention should be given to the site and character of the injury, the relative impairment in motor function, trophic changes, or sensory disturbances.

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