38 CFR Part 4 — 38 CFR § 4.71a

Foot, loss of use of — VA Diagnostic Code 5167

Musculoskeletal

Diagnostic code

5167

Start free worksheet Get the Founding Pass — $9.99/month

38 CFR § 4.71a lists Diagnostic Code 5167 under Amputations: Lower Extremity. The title is “Foot, loss of use of.” The rating is 40. Footnote 2 is on that 40. The footnote reads: “Also entitled to special monthly compensation.” Appendix B to Part 4 indexes the same title at 5167.

Reviewed 2026-10-05. Text checked against the eCFR versioner full-text XML for 2026-10-01 on 2026-10-05. Title 38 was up to date as of 2026-10-01 and last amended on 2026-08-27. The § 4.71a source note prints 29 FR 6718, May 22, 1964, as amended at 34 FR 5062, Mar. 11, 1969; 40 FR 42536, Sept. 15, 1975; 41 FR 11294, Mar. 18, 1976; 43 FR 45350, Oct. 2, 1978; 51 FR 6411, Feb. 24, 1986; 61 FR 20439, May 7, 1996; 67 FR 48785, July 26, 2002; 67 FR 54349, Aug. 22, 2002; 68 FR 51456, Aug. 27, 2003; 69 FR 32450, June 10, 2004; 80 FR 42041, July 16, 2015; 85 FR 76460, Nov. 30, 2020, 85 FR 85523, Dec. 29, 2020, 86 FR 8142, Feb. 4, 2021. The source note uses a comma, not a semicolon, before 85 FR 85523 and before 86 FR 8142.

The rating criteria at each level

5167 Foot, loss of use of

Rating %: 40

Criteria (verbatim). Foot, loss of use of

Rating %	Criteria (verbatim)
40	Foot, loss of use of

Footnote 2, on the 40: Also entitled to special monthly compensation.

The same footnote 2 is on the 40 for DC 5165, amputation at a lower level, permitting prosthesis, and on the 40 for DC 5166, forefoot amputation proximal to the metatarsal bones. Footnote 1, on the upper-extremity amputation table, reads “Entitled to special monthly compensation,” without the word “Also.”

38 CFR § 4.63 defines loss of use of a hand or a foot for the purpose of special monthly compensation. It is held to exist when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below elbow or knee with use of a suitable prosthetic appliance. For the foot, the determination looks at whether balance and propulsion, and so on, could be accomplished equally well by an amputation stump with prosthesis. Paragraph (b) says complete paralysis of the external popliteal nerve (common peroneal) and consequent footdrop, accompanied by characteristic organic changes including trophic and circulatory disturbances and other concomitants confirmatory of complete paralysis of this nerve, will be taken as loss of use of the foot. That paragraph names the external popliteal nerve. It does not name DC 5167.

38 CFR § 3.350(a) says special monthly compensation under 38 U.S.C. 1114(k) is payable for each anatomical loss or loss of use of one foot, among other listed losses. The DC 5167 footnote does not cite § 3.350 and does not name a level. This page does not state a payment amount.

38 CFR § 4.68 says 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. The example says the combined evaluations for disabilities below the knee shall not exceed the 40 percent evaluation, diagnostic code 5165. The example names DC 5165. DC 5167 is also 40. 38 CFR § 4.7 assigns the higher rating when the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. 38 CFR § 4.6 requires each element affecting the evidence to be studied so that decisions will be equitable and just.

The code prints no 0 percent line. 38 CFR § 4.31 says that in every instance where the schedule does not provide a zero percent evaluation for a diagnostic code, a zero percent evaluation shall be assigned when the requirements for a compensable evaluation are not met.

DC 5269, plantar fasciitis, Note (1), says: “With actual loss of use of the foot, rate 40 percent.” That note does not name DC 5167. The public page for DC 5269 is the plantar fasciitis guide.

Source: 38 CFR § 4.71a, Diagnostic Code 5167, eCFR full-text XML for 2026-10-01. The § 4.63 source note prints 29 FR 6718, May 22, 1964, as amended at 43 FR 45349, Oct. 2, 1978.

What the words mean in your records

40, and the footnote says Also

The rating cell is 40 with superscript 2. The footnote text is “Also entitled to special monthly compensation.” DC 5165 and DC 5166 print the same 40 and the same footnote. Their titles are amputation levels. DC 5167’s title is loss of use.

The amputation-rule example names 5165

Section 4.68’s below-the-knee example is the 40 percent evaluation under diagnostic code 5165. It does not use the number 5167. Both codes print 40.

Plantar fasciitis Note (1) uses the number 40

The note says to rate 40 percent with actual loss of use of the foot. It does not say “under DC 5167.” DC 5167 is the schedule row titled loss of use of the foot, and that row is 40.

Evidence that speaks to each level

What the rater needs to see. Loss of use of the foot, which is the DC 5167 title.

Where that usually lives. The examination of remaining foot function. Section 4.63 is the special-monthly-compensation definition of loss of use. The DC 5167 percentage is the rating-schedule line.

Footnote 2

What the rater needs to see. The footnote says also entitled to special monthly compensation. It does not name a level or a dollar amount.

Where that usually lives. The same decision. Section 3.350(a) names loss of use of one foot. This page does not state a payment amount.

Level	What the rater needs to see	Where that usually lives
40	Loss of use of the foot, which is the DC 5167 title.	The examination of remaining foot function. Section 4.63 is the special-monthly-compensation definition of loss of use. The DC 5167 percentage is the rating-schedule line.
Footnote 2	The footnote says also entitled to special monthly compensation. It does not name a level or a dollar amount.	The same decision. Section 3.350(a) names loss of use of one foot. This page does not state a payment amount.

VA’s public DBQ list, checked October 5, 2026, names “Amputations” under Musculoskeletal. The file is Amputations.

The exam form

DC 5167 prints 40 percent and footnote 2. This page does not say the form replaces that row.

Related codes and how they interact

External popliteal paralysis is a named path in § 4.63(b).

That paragraph will take complete paralysis of the external popliteal nerve, with footdrop and the organic changes it lists, as loss of use of the foot. DC 8521 is paralysis of that nerve. DC 8525 is the posterior tibial nerve. Section 4.63(b) does not name 8525.

Secondary conditions and presumptions

The 2026-10-01 text of 38 CFR § 3.309 does not contain “loss of use.” DC 5167 is a rating-schedule line. The footnote is the special-monthly-compensation sentence. This page does not state a payment amount.

A separate question, when a presumption does not decide it, is a medical question on the facts under 38 CFR § 3.310. Paragraph (a) covers disability proximately due to or the result of a service-connected disease or injury. Paragraph (b) covers increase in severity and requires a medical baseline.

Short answers

What is the VA rating for loss of use of the foot?

Under 38 CFR § 4.71a, Diagnostic Code 5167 is 40 percent. Footnote 2 says also entitled to special monthly compensation. Education only. VA decides on the evidence. This page does not state a payment amount.

Which amputation code does the amputation rule use as the below-knee example?

Section 4.68 names diagnostic code 5165, the 40 percent evaluation for amputation at a lower level, permitting prosthesis. DC 5167 is also 40 percent. The example does not use the number 5167.

FAQ

How does VA rate loss of use of the foot under DC 5167?

The rating is 40 percent. Footnote 2 says also entitled to special monthly compensation. The footnote does not name a level or a dollar amount. Education only.

What is the § 4.63 definition?

For special monthly compensation, loss of use of a foot exists when no effective function remains other than that which would be equally well served by an amputation stump at the site of election below the knee with a suitable prosthesis. The acts named for the foot are balance, propulsion, and so on. Paragraph (b) names complete paralysis of the external popliteal nerve with footdrop. The DC 5167 percentage is a separate line.

Does the plantar fasciitis note assign DC 5167?

DC 5269 Note (1) says to rate 40 percent with actual loss of use of the foot. It does not name DC 5167. DC 5167 is 40 percent and is titled foot, loss of use of.

Next steps

Read the decision for DC 5167, the 40 percent line, and any special-monthly-compensation footnote.
The free worksheet is a place to write the code, the findings, and the records you already have. It does not file a claim or protect a filing date. An accredited representative is at find a VSO.
Other musculoskeletal codes are on the musculoskeletal diagnostic-code index. The category page is musculoskeletal conditions.

Education only. Not legal or medical advice. My Claim Packet is not a VA-accredited representative and does not file claims. VA decides every claim on its own evidence.

Other codes in this body system

Nearby catalog entries in Musculoskeletal, ordered by diagnostic code number. All Musculoskeletal codes

Also: DC code lookup (tools) lists the same index in a compact layout.

Source: 38 CFR Part 4, Diagnostic Code 5167 • va.gov

⚠️ Important Disclaimer

This page provides general educational information based on public VA regulations and VA.gov resources. It is not legal or medical advice, and My Claim Packet is not a VA-accredited representative. Any worksheets or draft documents produced by the tools must be reviewed for accuracy and are not filed with VA for you. Ratings and service connection are decided case-by-case from the individual record. Consult a VA-accredited VSO, claims agent, attorney, or qualified clinician for help with your situation, and verify current rules using the linked official source.