[Code of Federal Regulations]

[Title 38, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 38CFR4.40]



[Page 375]

 

            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF

 

                CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS

 

PART 4_SCHEDULE FOR RATING DISABILITIES--Table of Contents

 

                      Subpart B_Disability Ratings

 

Sec. 4.40  Functional loss.



                       The Musculoskeletal System





    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.