38 CFR Part 4, Rating Schedule

38 CFR § 4.68

Amputation rule

Comes up when a veteran has multiple disabilities in the same arm or leg and the combined math would otherwise exceed what amputating that limb would rate.

How the Board actually uses this section

Original RateMyVSO research, catalogued from the full archive of published Board of Veterans' Appeals decisions. No other source measures how each regulation plays out at the Board.

66.2%
granted at least one issue
4,845
published decisions citing it

The grant figure reflects the mix of claims where this section comes up, not the legal merit of any single claim.

Read the 4,845 decisions citing § 4.68

The conditions it decides

Decision counts per diagnostic code. Select a bar to read those exact Board decisions.

Knee, other impairment of (DC 5257)1,098about this conditionKnee, resurfacing or replacement (prosthesis) (DC 5055)869about this conditionPost-traumatic arthritis (DC 5010)216about this conditionLeg, limitation of extension of (DC 5261)202about this conditionCartilage, semilunar, dislocated, with frequent episodes of "locking," pain, and effusion into the joint (DC 5258)170about this conditionCartilage, semilunar, removal of, symptomatic (DC 5259)160about this conditionRing or little finger, limitation of motion (DC 5230)151about this conditionScar(s), unstable or painful (DC 7804)118about this condition

What this regulation says, in plain English

This section caps the combined rating for disabilities of one limb at the rating that amputation of that limb, at the chosen surgical level, would receive. It also assigns the rating for a painful stump neuroma at whatever level a follow-up amputation would be performed.

amputation rule
A cap that prevents combined ratings for one limb's disabilities from exceeding the rating for amputating that limb.

Read the full text of 38 CFR § 4.68

This text was last amended by VA on December 14, 2016. We check it against eCFR every week.

The combined rating for disabilities of an extremity shall not exceed the rating for the amputation at the elective level, were amputation to be performed. For example, the combined evaluations for disabilities below the knee shall not exceed the 40 percent evaluation, diagnostic code 5165. This 40 percent rating may be further combined with evaluation for disabilities above the knee but not to exceed the above the knee amputation elective level. Painful neuroma of a stump after amputation shall be assigned the evaluation for the elective site of reamputation.

(Authority: 38 U.S.C. 1155)

Related Tools and Guides

38 CFR § 4.30
Convalescent ratings
38 CFR § 3.344
Stabilization of disability evaluations
38 CFR § 4.41
History of injury
38 CFR § 3.2500
Review of decisions
38 CFR § 4.15
Total disability ratings

Read this section on eCFR ↗  ·  All rating regulations

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