VA Laws & Regulations: Disability Claim Rules: Page 5
Browse laws, regulations, and VA manual guidance alongside Claim Raven explanations. Choose a collection or search the laws and regulations below.
This collection: 201 CFR sections and 68 U.S. Code sections for disability claims and reviews. Search covers this collection. Browse or search M21 separately.
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- 38 CFR § 4.23
Regulation2026-09-03Fair treatment during a VA rating claim
Rating officers must handle claims fairly and courteously. Personal feelings about a claimant, including a difficult interaction, must not influence how the claim is decided.
- 38 CFR § 4.24
Regulation2026-09-03When VA seeks guidance on rating questions
This section describes how rating agencies seek advice about unclear rating-schedule questions or unusual cases. It directs the agency to explain the question and provide the complete case file for review.
- 38 CFR § 4.25
Regulation2026-09-03VA combined ratings: how the math works
VA combines disability percentages using the remaining efficiency after each disability, rather than adding the percentages together. The combined ratings table supplies the intermediate values used in that calculation.
- 38 CFR § 4.26
Regulation2026-09-03The bilateral factor in VA combined ratings
The bilateral factor can apply when compensable disabilities affect both arms, both legs, or paired skeletal muscles. VA combines the qualifying ratings and applies the adjustment before continuing the overall rating calculation.
- 38 CFR § 4.27
Regulation2026-09-03Understanding VA diagnostic code numbers
A diagnostic code identifies the rating criteria VA used for a disability. The code can help you find the rule behind an evaluation, even when the medical diagnosis in your records uses different wording.
- 38 CFR § 4.28
Regulation2026-09-03VA prestabilization ratings after discharge
A prestabilization rating can address certain severe, unstable conditions immediately after discharge. It is intended for the circumstances listed in this section while the condition has not yet settled into a stable disability picture.
- 38 CFR § 4.29
Regulation2026-09-03Temporary VA ratings for hospitalization
A temporary total rating can apply when a service-connected disability requires qualifying hospital treatment or observation for more than 21 days. The type of hospitalization, reason for treatment, and time involved all matter.
- 38 CFR § 4.30
Regulation2026-09-03Temporary VA ratings during recovery from treatment
VA can assign a temporary total rating for qualifying convalescence, meaning recovery after treatment of a service-connected disability. The rule covers specified surgery-related recovery, severe postoperative residuals, and certain immobilization by cast.
- 38 CFR § 4.31
Regulation2026-09-03What a zero percent VA rating means
When a diagnostic code does not list a zero percent level, VA assigns zero percent if the requirements for a compensable evaluation are not met. A compensable evaluation is one that reaches a paying percentage under that code.
- 38 CFR § 4.40
Regulation2026-09-03Functional loss in VA joint and muscle ratings
VA looks at whether a musculoskeletal condition limits normal movement, strength, speed, coordination, or endurance. Functional loss describes what the affected part cannot do, not just the name of the injury.
- 38 CFR § 4.41
Regulation2026-09-03Why an injury's history matters to a VA rating
When evaluating lasting effects of an injury, VA should trace the history from the original event through treatment and recovery. The initial injury can explain problems that are not obvious from one recent examination.
- 38 CFR § 4.42
Regulation2026-09-03Complete examinations after an injury
An initial VA examination of an injury should cover the body systems affected by it. Depending on the injury, that can require neurological, psychiatric, or other special evaluation in addition to an orthopedic or general examination.
- 38 CFR § 4.43
Regulation2026-09-03VA ratings for chronic bone infection
Chronic or recurring osteomyelitis is a bone infection that can remain disabling even when obvious signs are not present at every examination. The rule addresses the ongoing process after it has been clinically identified.
- 38 CFR § 4.44
Regulation2026-09-03Bone deformity and VA disability evidence
Bone abnormalities after injury or disease can affect alignment and place abnormal stress on nearby joints. VA should consider the history, imaging, treatment, healing, and lasting deformity when evaluating those effects.
- 38 CFR § 4.45
Regulation2026-09-03Joint disability: what VA should consider
VA joint evaluations consider more than a single movement number. The rule lists factors such as restricted or excessive movement, weakness, fatigue, poor coordination, pain, swelling, deformity, and atrophy.
- 38 CFR § 4.46
Regulation2026-09-03Accurate measurements in VA examinations
VA examinations must accurately measure relevant joint movement, scars, amputation stumps, and muscle atrophy. This section specifically calls for a goniometer, an instrument that measures joint angles, when assessing limitation of motion.
- 38 CFR § 4.55
Regulation2026-09-03Combining VA muscle injury ratings
Muscle injuries have special combination rules based on the muscle groups, body regions, joints, and functions involved. They do not always combine in the same way as unrelated disabilities.
- 38 CFR § 4.56
Regulation2026-09-03How VA classifies muscle injury severity
VA classifies muscle injuries using the type of wound, treatment history, symptoms, and objective findings. The categories include slight, moderate, moderately severe, and severe disability of muscles.
- 38 CFR § 4.57
Regulation2026-09-03Flatfoot: acquired and congenital conditions
This rule distinguishes acquired flatfoot from the congenital condition described in its text. For acquired flatfoot, the depth of the arch alone is not the whole disability picture.
- 38 CFR § 4.58
Regulation2026-09-03Arthritis associated with leg amputation or shortening
This rule addresses certain disabling arthritis associated with a service-incurred lower-extremity amputation or shortening. The location of the arthritis and whether the joint is subject to the resulting strain matter.
- 38 CFR § 4.59
Regulation2026-09-03Painful motion in VA disability ratings
This section recognizes painful motion and actually painful, unstable, or misaligned joints as important rating concerns. It also describes observations and joint testing relevant to a proper examination.
- 38 CFR § 4.61
Regulation2026-09-03Arthritis examinations and affected joints
For the forms of arthritis addressed here, the rating examination should cover all major joints. The rule calls attention to particular physical findings rather than focusing only on the joint that happens to be most painful that day.
- 38 CFR § 4.62
Regulation2026-09-03Circulation problems after a knee-area injury
This section directs attention to circulation problems that can follow injury in the area behind the knee. It says those disturbances should not be overlooked and generally require evaluation as phlebitis.
- 38 CFR § 4.63
Regulation2026-09-03Loss of use of a hand or foot for VA benefits
For special monthly compensation, loss of use focuses on the effective function that remains in a hand or foot. The rule compares that function with what an amputation stump and suitable prosthetic appliance could provide.
- 38 CFR § 4.64
Regulation2026-09-03Loss of use of both buttocks: VA criteria
This section defines a specific loss-of-use situation involving severe damage to both sides of Muscle Group XVII and additional functional disability. It looks at the ability to rise from seated or stooped positions and maintain postural stability.