38 CFRUpdated
Regulation text

§ 4.22Rating of disabilities aggravated by active service.

The full text of this section from 38 CFR. Check the official source for the controlling version before you rely on it.

View official source

Looking for something else?

Full text of § 4.22151 words

In cases involving aggravation by active service, the rating will reflect only the degree of disability over and above the degree existing at the time of entrance into the active service, whether the particular condition was noted at the time of entrance into the active service, or it is determined upon the evidence of record to have existed at that time. It is necessary therefore, in all cases of this character to deduct from the present degree of disability the degree, if ascertainable, of the disability existing at the time of entrance into active service, in terms of the rating schedule, except that if the disability is total (100 percent) no deduction will be made. The resulting difference will be recorded on the rating sheet. If the degree of disability at the time of entrance into the service is not ascertainable in terms of the schedule, no deduction will be made.

End of § 4.22

This text is a rendering of § 4.22. The official version is the one that governs your claim.

View official source
What next

Using this section

A regulation only helps if you point at it. Here is how to put this one to work.

  1. Cite it by number

    Write § 4.22 into your statement and quote the sentence you are relying on. A rater reading a claim that names the rule spends less time guessing what you meant.

  2. Find the rest of the rule

    Sections cross-reference each other constantly. Search 38 CFR and M-21-1 for any reference this one sends you to.

  3. Check the percentages

    Procedure is one half of a claim; the rating criteria are the other. Browse the rating schedule for the diagnostic code that covers your condition.

See what this means for your claim.

Six reads your file against the rules that actually apply to it and tells you what the VA is still missing.

Start for freeBrowse all VA regulations