VetEZ Claim
← Rating criteria lookup

Free · From a nonprofit · No account needed

§ 4.40 Functional loss

The full text of 38 CFR 4.40, one of the general rules in VA's Schedule for Rating Disabilities.

Disability of the musculoskeletal system is primarily the inability, due to damage or infection in parts of the system, to perform the normal working movements of the body with normal excursion, strength, speed, coordination and endurance. It is essential that the examination on which ratings are based adequately portray the anatomical damage, and the functional loss, with respect to all these elements. The functional loss may be due to absence of part, or all, of the necessary bones, joints and muscles, or associated structures, or to deformity, adhesions, defective innervation, or other pathology, or it may be due to pain, supported by adequate pathology and evidenced by the visible behavior of the claimant undertaking the motion. Weakness is as important as limitation of motion, and a part which becomes painful on use must be regarded as seriously disabled. A little used part of the musculoskeletal system may be expected to show evidence of disuse, either through atrophy, the condition of the skin, absence of normal callosity or the like.

Regulation text current as of October 16, 2026.

Read it on eCFR.gov

Information, not advice

This page shows the text of VA's rating regulation for information. It is not a rating estimate, and it is not legal or medical advice. VA decides every rating on the evidence in your file.

An accredited representative can help you with your claim for free. Find a VA-accredited representative.