Title 10, Armed ForcesRelease 119-110

§1216a Determinations of Disability: Requirements and Limitations on Determinations

Title 10 › Subtitle A — General Military Law › PART II — PERSONNEL › CHAPTER 61 — RETIREMENT OR SEPARATION FOR PHYSICAL DISABILITY › § 1216a

Last updated Sep 22, 2026|Official source

Summary

When rating a service member’s disability, the Secretary must use the Department of Veterans Affairs’ disability rating schedule whenever possible, including how courts have interpreted it. The Secretary cannot ignore that schedule unless the Secretary of Defense and the Secretary of Veterans Affairs together make different rules that would give the member a higher disability percentage. The Secretary must also count every medical condition, alone or together, that makes the member unable to do their duties when deciding the disability rating.

Full Legal Text

Title 10, §1216a

Armed Forces, Source: USLM XML via OLRC

(a)Utilization of VA Schedule for Rating Disabilities in Determinations of Disability.—

(1)In making a determination of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned—

(A)shall, to the extent feasible, utilize the schedule for rating disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of the schedule by the United States Court of Appeals for Veterans Claims; and

(B)except as provided in paragraph (2), may not deviate from the schedule or any such interpretation of the schedule.

(2)In making a determination described in paragraph (1), the Secretary concerned may utilize in lieu of the schedule described in that paragraph such criteria as the Secretary of Defense and the Secretary of Veterans Affairs may jointly prescribe for purposes of this subsection if the utilization of such criteria will result in a determination of a greater percentage of disability than would be otherwise determined through the utilization of the schedule.

(b)Consideration of All Medical Conditions.—

In making a determination of the rating of disability of a member of the armed forces for purposes of this chapter, the Secretary concerned shall take into account all medical conditions, whether individually or collectively, that render the member unfit to perform the duties of the member’s office, grade, rank, or rating.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1216a

Title 10, Armed Forces

Last Updated

Sep 22, 2026

Release point: 119-110