38 CFR § 4.10 — Functional impairment

Title 38, Code of Federal Regulations · full text below reproduced from the eCFR, revision of 2026-07-01.

In practice: Functional impairment is the measure — ability to function under the ordinary conditions of daily life including employment.

Regulation text

Every lettered or numbered paragraph has its own link (¶) and a Copy cite button, e.g. /cfr/4-10#a.

The basis of disability evaluations is the ability of the body as a whole, or of the psyche, or of a system or organ of the body to function under the ordinary conditions of daily life including employment. Whether the upper or lower extremities, the back or abdominal wall, the eyes or ears, or the cardiovascular, digestive, or other system, or psyche are affected, evaluations are based upon lack of usefulness, of these parts or systems, especially in self-support. This imposes upon the medical examiner the responsibility of furnishing, in addition to the etiological, anatomical, pathological, laboratory and prognostic data required for ordinary medical classification, full description of the effects of disability upon the person's ordinary activity. In this connection, it will be remembered that a person may be too disabled to engage in employment although he or she is up and about and fairly comfortable at home or upon limited activity.

Amendment history

eCFR records 2 amendments to § 4.10 since 2016-12-14 (the versioner’s floor is 2016-12-14). Each row is a word-level comparison of the section’s text before and after that date; the date links to the text as amended on eCFR, where the earlier version is one click back in time. Why it matters: the version in force when a claim was filed or decided can govern it, and a liberalizing change can carry its own effective date (38 CFR 3.114).

AmendedWordsWhat changed (first differing passage)
2026-02-27+2 / −75
was: conditions of daily life including employment. To ensure that disability evaluations are based on the actual level of functional impairment under the ordinary conditions of daily life, the medical examiner will not estimate …
· codes near the change: 7120, 9712
2026-02-17+78 / −5
now: conditions of daily life including employment. To ensure that disability evaluations are based on the actual level of functional impairment under the ordinary conditions of daily life, the medical examiner will not estimate …
· codes near the change: 7120

Source note: [91 FR 9712, Feb. 27, 2026]

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