Understanding 38 CFR: The VA Rating Criteria Explained
"38 CFR is the rulebook the VA uses to rate disabilities. Learn how to read it, find your condition, and understand what rating you qualify for."
━━━THE VETERAN'S TAKE━━━
What Is 38 CFR?
Title 38 of the Code of Federal Regulations (38 CFR) is the legal foundation for all VA disability ratings. It's the rulebook that VA raters must follow when evaluating your claim.
Understanding 38 CFR gives you a massive advantage. Instead of guessing what the VA is looking for, you can see the exact criteria they use, and make sure your evidence matches.
How 38 CFR Is Organized
The rating criteria are found in 38 CFR Part 4, which is divided into sections by body system:
- 4.71a, Musculoskeletal System (back, knees, shoulders, etc.)
- 4.97, Respiratory System
- 4.104, Cardiovascular System
- 4.114, Digestive System
- 4.118, Skin conditions
- 4.124a, Neurological conditions
- 4.125-4.130, Mental disorders
Key Concepts in 38 CFR
Diagnostic Codes
Every ratable condition has a Diagnostic Code (DC). Knowing your DC helps you understand exactly how you'll be evaluated.
Rating by Analogy
If your condition doesn't have its own Diagnostic Code, the VA will rate it under a closely related code.
Pyramiding
38 CFR 4.14 prohibits rating the same symptoms under multiple codes. However, you CAN receive separate ratings for distinct symptoms.
Benefit of the Doubt
38 CFR 3.102 requires the VA to give you the benefit of the doubt when evidence is approximately balanced.
How to Use 38 CFR to Strengthen Your Claim
- Find your Diagnostic Code
- Read the rating criteria
- Compare to your evidence
- Fill the gaps
- Reference 38 CFR in your statement
Where to Find 38 CFR
The full text is available free online at eCFR.gov and Cornell Law School's Legal Information Institute.
The Bottom Line
38 CFR isn't light reading, but it's the key to understanding how the VA evaluates your claim. When you know the criteria, you can gather the right evidence and present your case more effectively.
About FWD Assist HQ
J. Erickson is a service-disabled Air Force veteran. He served as a military firefighter and as a veteran service officer, where he spent years walking veterans through the same claims process he writes about now. He holds an MBA and writes plain-language guides for veterans who want to understand the system without a translator. Learn more about the mission.
Educational Content Only: This article is for educational purposes only and does not constitute legal or professional claims advice. If you need help with your VA claim, start by contacting your local Veterans Service Organization (VSO) -- they're free, accredited, and can represent you through the entire process. If your situation requires more specialized support, consider consulting an accredited VA attorney or claims agent.
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Related Condition Guides
From the VA Condition Library
Cardiovascular / Respiratory
Asthma and Respiratory Conditions
Respiratory conditions rated by the VA include asthma, chronic bronchitis, chronic obstructive pulmonary disease (COPD), constrictive or obliterative bronchiolitis, pulmonary fibrosis, interstitial lung disease, sarcoidosis, and others.
View GuideMusculoskeletal / Joint
Limitation of Motion: Shoulder (Rotator Cuff)
Shoulder limitation of motion refers to a documented reduction in range of motion at the shoulder joint, typically resulting from rotator cuff injuries, tears, tendinitis, bursitis, impingement syndrome, or post-surgical changes.
View GuideMusculoskeletal / Joint
Knee: Limitation of Flexion (Including Patellofemoral Syndrome)
VA rates limited knee bending under DC 5260 based on degrees of flexion lost. Patellofemoral syndrome is commonly rated here. Separately ratable from extension and instability.
View Guide
