38 CFR § 4.40 — Functional loss

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

In practice: Functional loss of the musculoskeletal system, including loss due to pain, weakness and incoordination. With § 4.45, the basis of the DeLuca analysis of a joint exam.

Regulation text

Every lettered or numbered paragraph has its own link (¶) and a Copy cite button, e.g. /cfr/4-40#a.

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.

Amendment history

The eCFR versioner records no amendment to § 4.40 since 2016-12-14 (its point-in-time floor); the text above has been in force at least that long. Earlier amendments are listed in the section’s source note.

See this regulation applied to your own claim

VetAid's free analyzer reads your decision letter and evidence against the regulations — including § 4.40 — and shows its reasoning with citations.

Analyze my claim free →

VetAid is a free veterans claims tool, not a VA-accredited representative — it does not file anything with VA for you, and it works alongside your accredited VSO, claims agent or attorney. About VetAid