VA BENEFITS REFERENCE
38 CFR 4.124a: Shared Regulatory Context
Read the source context and regulatory notes referenced by diagnostic-code pages using 38 CFR 4.124a, with official citations and the current text date.
These source provisions supply context for the linked rating criteria. They are not separate evaluations automatically assigned to every condition. Read the diagnostic code and its own cross-references together.
| Rating | |
|---|---|
| Note: It is required for the minimum ratings for residuals under diagnostic codes 8000-8025, that there be ascertainable residuals. Determinations as to the presence of residuals not capable of objective verification, i.e., headaches, dizziness, fatigability, must be approached on the basis of the diagnosis recorded; subjective residuals will be accepted when consistent with the disease and not more likely attributable to other disease or no disease. It is of exceptional importance that when ratings in excess of the prescribed minimum ratings are assigned, the diagnostic codes utilized as bases of evaluation be cited, in addition to the codes identifying the diagnoses. |
[With the exceptions noted, disability from the following diseases and their residuals may be rated from 10 percent to 100 percent 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, etc., referring to the appropriate bodily system of the schedule. With partial loss of use of one or more extremities from neurological lesions, rate by comparison with the mild, moderate, severe, or complete paralysis of peripheral nerves]
| Rating | |
|---|---|
| Brain, new growth of: |
| Rating | |
|---|---|
| Disability from lesions of peripheral portions of first, second, third, fourth, sixth, and eighth nerves will be rated under the Organs of Special Sense. The ratings for the cranial nerves are for unilateral involvement; when bilateral, combine but without the bilateral factor. |
| Rating | |
|---|---|
| Fifth (trigeminal) cranial nerve |
| Rating | |
|---|---|
| Seventh (facial) cranial nerve |
| Rating | |
|---|---|
| Ninth (glossopharyngeal) cranial nerve |
| Rating | |
|---|---|
| Tenth (pneumogastric, vagus) cranial nerve |
| Rating | |
|---|---|
| Eleventh (spinal accessory, external branch) cranial nerve. |
| Rating | |
|---|---|
| Twelfth (hypoglossal) cranial nerve. |
| Rating | |
|---|---|
| 8205 Paralysis of: | |
| Complete | 50 |
| Incomplete, severe | 30 |
| Incomplete, moderate | 10 |
| Note: Dependent upon relative degree of sensory manifestation or motor loss. |
| Rating | |
|---|---|
| 8207 Paralysis of: | |
| Complete | 30 |
| Incomplete, severe | 20 |
| Incomplete, moderate | 10 |
| Note: Dependent upon relative loss of innervation of facial muscles. |
| Rating | |
|---|---|
| 8209 Paralysis of: | |
| Complete | 30 |
| Incomplete, severe | 20 |
| Incomplete, moderate | 10 |
| Note: Dependent upon relative loss of ordinary sensation in mucous membrane of the pharynx, fauces, and tonsils. |
| Rating | |
|---|---|
| 8210 Paralysis of: | |
| Complete | 50 |
| Incomplete, severe | 30 |
| Incomplete, moderate | 10 |
| Note : Dependent upon extent of sensory and motor loss to organs of voice, respiration, pharynx, stomach and heart. |
| Rating | |
|---|---|
| 8211 Paralysis of: | |
| Complete | 30 |
| Incomplete, severe | 20 |
| Incomplete, moderate | 10 |
| Note: Dependent upon loss of motor function of sternomastoid and trapezius muscles. |
| Rating | |
|---|---|
| 8212 Paralysis of: | |
| Complete | 50 |
| Incomplete, severe | 30 |
| Incomplete, moderate | 10 |
| Note: Dependent upon loss of motor function of tongue. |
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| Upper radicular group (fifth and sixth cervicals) | ||
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| The term “incomplete paralysis,” with this and other peripheral nerve injuries, indicates a degree of lost or impaired function substantially less than the type picture for complete paralysis given with each nerve, whether due to varied level of the nerve lesion or to partial regeneration. When the involvement is wholly sensory, the rating should be for the mild, or at most, the moderate degree. The ratings for the peripheral nerves are for unilateral involvement; when bilateral, combine with application of the bilateral factor. | ||
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| Note: Combined nerve injuries should be rated by reference to the major involvement, or if sufficient in extent, consider radicular group ratings. | ||
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| Middle radicular group | ||
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| Lower radicular group | ||
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| All radicular groups | ||
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| The musculospiral nerve (radial nerve) | ||
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| Note: Lesions involving only “dissociation of extensor communis digitorum” and “paralysis below the extensor communis digitorum,” will not exceed the moderate rating under code 8514. | ||
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| The median nerve | ||
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| The ulnar nerve | ||
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| Musculocutaneous nerve | ||
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| Circumflex nerve | ||
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| Long thoracic nerve | ||
| Rating | |
|---|---|
| Sciatic nerve |
| Rating | |
|---|---|
| External popliteal nerve (common peroneal) |
| Rating | |
|---|---|
| Musculocutaneous nerve (superficial peroneal) |
| Rating | |
|---|---|
| Anterior tibial nerve (deep peroneal) |
| Rating | |
|---|---|
| Internal popliteal nerve (tibial) |
| Rating | |
|---|---|
| Posterior tibial nerve |
| Rating | |
|---|---|
| Anterior crural nerve (femoral) |
| Rating | |
|---|---|
| Internal saphenous nerve |
| Rating | |
|---|---|
| Obturator nerve |
| Rating | |
|---|---|
| External cutaneous nerve of thigh |
| Rating | |
|---|---|
| Ilio-inguinal nerve |
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| 8510 Paralysis of: | ||
| Complete; all shoulder and elbow movements lost or severely affected, hand and wrist movements not affected | 70 | 60 |
| Incomplete: | ||
| Severe | 50 | 40 |
| Moderate | 40 | 30 |
| Mild | 20 | 20 |
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| 8511 Paralysis of: | ||
| Complete; adduction, abduction and rotation of arm, flexion of elbow, and extension of wrist lost or severely affected | 70 | 60 |
| Incomplete: | ||
| Severe | 50 | 40 |
| Moderate | 40 | 30 |
| Mild | 20 | 20 |
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| 8512 Paralysis of: | ||
| Complete; all intrinsic muscles of hand, and some or all of flexors of wrist and fingers, paralyzed (substantial loss of use of hand) | 70 | 60 |
| Incomplete: | ||
| Severe | 50 | 40 |
| Moderate | 40 | 30 |
| Mild | 20 | 20 |
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| 8513 Paralysis of: | ||
| Complete | 90 | 80 |
| Incomplete: | ||
| Severe | 70 | 60 |
| Moderate | 40 | 30 |
| Mild | 20 | 20 |
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| 8514 Paralysis of: | ||
| Complete; drop of hand and fingers, wrist and fingers perpetually flexed, the thumb adducted falling within the line of the outer border of the index finger; can not extend hand at wrist, extend proximal phalanges of fingers, extend thumb, or make lateral movement of wrist; supination of hand, extension and flexion of elbow weakened, the loss of synergic motion of extensors impairs the hand grip seriously; total paralysis of the triceps occurs only as the greatest rarity | 70 | 60 |
| Incomplete: | ||
| Severe | 50 | 40 |
| Moderate | 30 | 20 |
| Mild | 20 | 20 |
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| 8515 Paralysis of: | ||
| Complete; the hand inclined to the ulnar side, the index and middle fingers more extended than normally, considerable atrophy of the muscles of the thenar eminence, the thumb in the plane of the hand (ape hand); pronation incomplete and defective, absence of flexion of index finger and feeble flexion of middle finger, cannot make a fist, index and middle fingers remain extended; cannot flex distal phalanx of thumb, defective opposition and abduction of the thumb, at right angles to palm; flexion of wrist weakened; pain with trophic disturbances | 70 | 60 |
| Incomplete: | ||
| Severe | 50 | 40 |
| Moderate | 30 | 20 |
| Mild | 10 | 10 |
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| 8516 Paralysis of: | ||
| Complete; the “griffin claw” deformity, due to flexor contraction of ring and little fingers, atrophy very marked in dorsal interspace and thenar and hypothenar eminences; loss of extension of ring and little fingers cannot spread the fingers (or reverse), cannot adduct the thumb; flexion of wrist weakened | 60 | 50 |
| Incomplete: | ||
| Severe | 40 | 30 |
| Moderate | 30 | 20 |
| Mild | 10 | 10 |
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| 8517 Paralysis of: | ||
| Complete; weakness but not loss of flexion of elbow and supination of forearm | 30 | 20 |
| Incomplete: | ||
| Severe | 20 | 20 |
| Moderate | 10 | 10 |
| Mild | 0 | 0 |
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| 8518 Paralysis of: | ||
| Complete; abduction of arm is impossible, outward rotation is weakened; muscles supplied are deltoid and teres minor | 50 | 40 |
| Incomplete: | ||
| Severe | 30 | 20 |
| Moderate | 10 | 10 |
| Mild | 0 | 0 |
| Schedule of ratings | Rating | |
|---|---|---|
| Major | Minor | |
| 8519 Paralysis of: | ||
| Complete; inability to raise arm above shoulder level, winged scapula deformity | 30 | 20 |
| Incomplete: | ||
| Severe | 20 | 20 |
| Moderate | 10 | 10 |
| Mild | 0 | 0 |
| Note: Not to be combined with lost motion above shoulder level. | ||
| Rating | |
|---|---|
| 8520 Paralysis of: | |
| Complete; the foot dangles and drops, no active movement possible of muscles below the knee, flexion of knee weakened or (very rarely) lost | 80 |
| Incomplete: | |
| Severe, with marked muscular atrophy | 60 |
| Moderately severe | 40 |
| Moderate | 20 |
| Mild | 10 |
| Rating | |
|---|---|
| 8521 Paralysis of: | |
| Complete; foot drop and slight droop of first phalanges of all toes, cannot dorsiflex the foot, extension (dorsal flexion) of proximal phalanges of toes lost; abduction of foot lost, adduction weakened; anesthesia covers entire dorsum of foot and toes | 40 |
| Incomplete: | |
| Severe | 30 |
| Moderate | 20 |
| Mild | 10 |
| Rating | |
|---|---|
| 8522 Paralysis of: | |
| Complete; eversion of foot weakened | 30 |
| Incomplete: | |
| Severe | 20 |
| Moderate | 10 |
| Mild | 0 |
| Rating | |
|---|---|
| 8523 Paralysis of: | |
| Complete; dorsal flexion of foot lost | 30 |
| Incomplete: | |
| Severe | 20 |
| Moderate | 10 |
| Mild | 0 |
| Rating | |
|---|---|
| 8524 Paralysis of: | |
| Complete; plantar flexion lost, frank adduction of foot impossible, flexion and separation of toes abolished; no muscle in sole can move; in lesions of the nerve high in popliteal fossa, plantar flexion of foot is lost | 40 |
| Incomplete: | |
| Severe | 30 |
| Moderate | 20 |
| Mild | 10 |
| Rating | |
|---|---|
| 8525 Paralysis of: | |
| Complete; paralysis of all muscles of sole of foot, frequently with painful paralysis of a causalgic nature; toes cannot be flexed; adduction is weakened; plantar flexion is impaired | 30 |
| Incomplete: | |
| Severe | 20 |
| Moderate | 10 |
| Mild | 10 |
| Rating | |
|---|---|
| 8526 Paralysis of: | |
| Complete; paralysis of quadriceps extensor muscles | 40 |
| Incomplete: | |
| Severe | 30 |
| Moderate | 20 |
| Mild | 10 |
| Rating | |
|---|---|
| 8527 Paralysis of: | |
| Severe to complete | 10 |
| Mild to moderate | 0 |
| Rating | |
|---|---|
| 8528 Paralysis of: | |
| Severe to complete | 10 |
| Mild or moderate | 0 |
| Rating | |
|---|---|
| 8529 Paralysis of: | |
| Severe to complete | 10 |
| Mild or moderate | 0 |
| Rating | |
|---|---|
| 8530 Paralysis of: | |
| Severe to complete | 10 |
| Mild or moderate | 0 |
| Rating | |
|---|---|
| A thorough study of all material in §§ 4.121 and 4.122 of the preface and under the ratings for epilepsy is necessary prior to any rating action. | |
| Mental Disorders in Epilepsies: A nonpsychotic organic brain syndrome will be rated separately under the appropriate diagnostic code (e.g., 9304 or 9326). In the absence of a diagnosis of non-psychotic organic psychiatric disturbance (psychotic, psychoneurotic or personality disorder) if diagnosed and shown to be secondary to or directly associated with epilepsy will be rated separately. The psychotic or psychroneurotic disorder will be rated under the appropriate diagnostic code. The personality disorder will be rated as a dementia (e.g., diagnostic code 9304 or 9326). | |
| Epilepsy and Unemployability: (1) Rating specialists must bear in mind that the epileptic, although his or her seizures are controlled, may find employment and rehabilitation difficult of attainment due to employer reluctance to the hiring of the epileptic. | |
| (2) Where a case is encountered with a definite history of unemployment, full and complete development should be undertaken to ascertain whether the epilepsy is the determining factor in his or her inability to obtain employment. | |
| (3) The assent of the claimant should first be obtained for permission to conduct this economic and social survey. The purpose of this survey is to secure all the relevant facts and data necessary to permit of a true judgment as to the reason for his or her unemployment and should include information as to: | |
| (a) Education; | |
| (b) Occupations prior and subsequent to service; | |
| (c) Places of employment and reasons for termination; | |
| (d) Wages received; | |
| (e) Number of seizures. | |
| (4) Upon completion of this survey and current examination, the case should have rating board consideration. Where in the judgment of the rating board the veteran's unemployability is due to epilepsy and jurisdiction is not vested in that body by reason of schedular evaluations, the case should be submitted to the Compensation Service or the Director, Pension and Fiduciary Service. | |
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