[Code of Federal Regulations]
[Title 38, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR4.40]

[Page 380]
 
            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.