38 C.F.R. § 4.120
Evaluations by comparison
Disability in this field is ordinarily to be rated 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, injury to the skull, etc. In rating disability from the conditions in the preceding sentence refer to the appropriate schedule. In rating peripheral nerve injuries and their residuals, attention should be given to the site and character of the injury, the relative impairment in motor function, trophic changes, or sensory disturbances.
Notes of Decisions
Cited in 32
cases (8 in the last 5 years), 2006–2023 · leading case: Slaughter v. McDonough, 29 F.4th 1351 (Fed. Cir. 2022).
Slaughter v. McDonough, 29 F.4th 1351 (Fed. Cir. 2022). “This conclusion is confirmed by 38 C.F.R. § 4.120 , which states, inter alia: “In rating peripheral nerve inju- ries and their residuals, attention should be given to the site and character of the injury, the relative impairment in mo- tor function, trophic changes, or sensory…”
Jonathan L. Haas v. R. James Nicholson, 20 Vet. App. 257 (Vet. App. 2006). “307 (a)(6)(h) does not allow for presumptive service connection for any of the listed diseases unless the disease has “become manifest to a degree of 10 percent or more at any time after service.”
190731-15574 (Board of Vet. App. 2021). “38 C.F.R. § 4.120 . Consideration is also given for loss of reflexes, pain, and muscle atrophy.”
Joseph Spellers v. Robert L. Wilkie (Vet. App. 2018). “124a, Diagnostic Code (DC) 8520 and 38 C.F.R. § 4.120 , we hold that the schedular rating criteria contemplate the symptoms necessitating the use of assistive devices, as well as the severity of those symptoms, and thus referral for extraschedular consideration on that basis was…”
181105-847 (Board of Vet. App. 2019). “38 C.F.R. § 4.120 . The term “incomplete paralysis” indicates a degree of lost or impaired function substantially less than the type of picture for complete paralysis given with each nerve, whether due to varied level of the nerve lesion or to partial regeneration.”
190408-8611 (Board of Vet. App. 2019). “38 C.F.R. § 4.120 . Consideration is also given for loss of reflexes, pain, and muscle atrophy.”
09-32 677 (Board of Vet. App. 2014). “See 38 C.F.R. § 4.120 . An 80 percent rating is assignable for complete paralysis of the sciatic nerve; the foot dangles and drops, no active movement possible of muscles below the knee, flexion of knee weakened or (very rarely) lost.”
11-04 992 (Board of Vet. App. 2016). “38 C.F.R. § 4.120 . Under 38 C.F.R. § 4 .”
11-04 295 (Board of Vet. App. 2017). “38 C.F.R. § 4.120 . Turning to the evidence of record, the Veteran was afforded a VA examination in January 2010.”
12-33 697 (Board of Vet. App. 2017). “38 C.F.R. § 4.120 . Complete paralysis of the sciatic nerve is evidenced by the foot dangled and dropped, no active movement possible of muscles below the knee, and flexion of knee weakened or (very rarely) lost.”
13-17 665 (Board of Vet. App. 2018). “38 C.F.R. § 4.120 . Descriptive words such as "mild," "moderate," "moderately severe" and "severe" are not defined in the Rating Schedule.”
180904-696 (Board of Vet. App. 2019). “38 C.F.R. § 4.120 . The term “incomplete paralysis” indicates a degree of lost or impaired function substantially less than the type pictured for complete paralysis given with each nerve, whether due to varied level of the nerve lesion or to partial regeneration.”
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