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Hemiparesis / Hemiplegia
✓ VERIFIED AGAINST 38 C.F.R.§ 4.124a (Neurological conditions and convulsive disorders) · reviewed 2026-05-15 · ClaimRecon Editorial Team
Hemiparesis / Hemiplegia is rated by the U.S. Department of Veterans Affairs under DC 8008 of 38 CFR § 4.124a, DC 8008 across 1 severity tier (0%). Service connection requires (1) a current diagnosis, (2) an in-service event, injury, or exposure, and (3) a medical nexus opinion linking the two under 38 C.F.R. § 3.303.
OVERVIEW
Weakness (hemiparesis) or paralysis (hemiplegia) of one side of the body, typically resulting from stroke or TBI.
RATING CRITERIA (1 LEVELS)
0%
Hemiparesis/hemiplegia is a clinical syndrome of unilateral motor weakness from upper-motor-neuron lesion, not a standalone diagnosis. Rate by combining: (1) the underlying cause — most commonly stroke (DC 8008 with combined-vascular-codes framework — see stroke entry), or other cerebral lesion (TBI DC 8045, brain tumor DC 8002/8003, MS DC 8018, cerebral palsy by analogy); (2) each affected extremity separately under § 4.124a peripheral-nerve series by territory (upper extremity: radicular groups DC 8510-8512 or specific nerves; lower extremity: sciatic DC 8520, femoral DC 8526, etc.) for the motor and sensory residuals; (3) any concurrent spasticity (DC 8024 by analogy), aphasia/dysarthria (rate per dominant hemisphere lesion), and combine all under § 4.25.
KEY EVIDENCE TO GATHER
-Service treatment records showing injury or complaints
-Imaging (X-ray, MRI, CT)
-Range of motion measurements
-Flare-up documentation per Sharp v. Shulkin
-Buddy statements describing limitations
-Prescription history
-Physical therapy records
-Employment impact documentation
C&P EXAM TIPS (6)
1.Do NOT stretch, warm up, or take pain medication before your exam. The VA needs your baseline limitation.
2.Report your WORST day. DeLuca v. Brown requires documentation of functional loss during flare-ups.
3.Tell the examiner about flare-ups: frequency, duration, estimated ROM loss. Sharp v. Shulkin (2017) requires estimates.
4.Request active, passive, weight-bearing, and non-weight-bearing ROM testing per Correia v. McDonald (2016).
5.If you use assistive devices (brace, cane), bring them.
6.Describe daily activity impact: work, sleep, household tasks.
SOURCES & EDITORIAL
Rating criteria text quoted verbatim from 38 C.F.R. § 4.124a (Neurological conditions and convulsive disorders). Source verified 2026-05-15 by ClaimRecon Editorial Team during a regulation-text comparison against the Cornell Law CFR mirror; eCFR.gov is the authoritative government source.
EDUCATIONAL TOOL ONLY. NOT LEGAL OR MEDICAL ADVICE.
NOT AFFILIATED WITH THE U.S. DEPARTMENT OF VETERANS AFFAIRS.
CLAIM RECON 2026