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Regulation · 38 CFR § 4.13

38 CFR 4.13: When VA changes a diagnosis

§ 4.13 Effect of change of diagnosis.

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Claim Raven explanation

What this means

A new diagnostic label does not necessarily mean that the disability itself improved or worsened. VA must consider whether the change reflects the same service-connected condition, a genuine change in that condition, or another issue.

Before changing an evaluation, VA should distinguish an actual change in the disability from a more thorough examination or different terminology. This does not prevent correction of an erroneous rating or use of otherwise applicable rating rules.

How this helps your claim

Compare what the older and newer reports describe the condition doing. This can help you identify a decision that treats a change in wording as if it were proof of a change in function.

What to check in your records

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

  • Compare the previous diagnosis and the replacement diagnosis side by side.
  • Note changes in symptoms, findings, and functional limitations across the reports.
  • Find the examiner's explanation of why the diagnosis changed.

Compare the findings behind the diagnostic names

A clinician may use more precise terminology after additional testing. That does not automatically establish a new disability or improvement in the old one. Compare the symptoms, location, findings and medical explanation behind the earlier and later labels.

If the decision changes an evaluation after a new diagnosis, look for its explanation of what actually changed. A more thorough examination can reveal information that was previously missing. The key is understanding the medical relationship between the descriptions rather than treating a word change as a complete rating rationale.

Does a new diagnosis always create another separate rating?

No. It may describe the same disability, a progression or a distinct condition, depending on the evidence. The appropriate rating and rules against counting the same effects twice still apply. The medical label alone does not establish that another compensable manifestation exists.

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Official regulatory text

38 CFR § 4.13

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

§ 4.13 Effect of change of diagnosis.

The repercussion upon a current rating of service connection when change is made of a previously assigned diagnosis or etiology must be kept in mind. The aim should be the reconciliation and continuance of the diagnosis or etiology upon which service connection for the disability had been granted. The relevant principle enunciated in § 4.125, entitled “Diagnosis of mental disorders,” should have careful attention in this connection. When any change in evaluation is to be made, the rating agency should assure itself that there has been an actual change in the conditions, for better or worse, and not merely a difference in thoroughness of the examination or in use of descriptive terms. This will not, of course, preclude the correction of erroneous ratings, nor will it preclude assignment of a rating in conformity with § 4.7.

[29 FR 6718, May 22, 1964, as amended at 61 FR 52700, Oct. 8, 1996]

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