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38 CFR Part 4 — 38 CFR § 4.124a

Neuritis, ninth (glossopharyngeal) cranial nerve — VA Diagnostic Code 8309

Neurological

Diagnostic code

8309

38 CFR § 4.124a lists “Ninth (glossopharyngeal) cranial nerve” and then Diagnostic Code 8309 as “Neuritis.” The row prints no percentage. Section 4.123 says neuritis is rated on the scale for the nerve involved. The paralysis scale for this nerve is DC 8209. That scale has one Rating column. Appendix B to Part 4 indexes “Neuritis, ninth cranial nerve.” The rating row itself is only the word “Neuritis.”

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 § 4.124a source note prints 29 FR 6718, May 22, 1964, as amended at 40 FR 42540, Sept. 15, 1975; 41 FR 11302, Mar. 18, 1976; 43 FR 45362, Oct. 2, 1978; 54 FR 4282, Jan. 30, 1989; 54 FR 49755, Dec. 1, 1989; 55 FR 154, Jan. 3, 1990; 56 FR 51653, Oct. 15, 1991; 57 FR 24364, June 9, 1992; 70 FR 75399, Dec. 20, 2005; 73 FR 54705, Sept. 23, 2008; 73 FR 69554, Nov. 19, 2008; 76 FR 78824, Dec. 20, 2011; 79 FR 2100, Jan. 13, 2014. The § 4.123 and § 4.124 XML for this date print the neuritis and neuralgia paragraphs and do not print a Federal Register source note.

The rating criteria at each level

8309 Neuritis — the row under the ninth cranial nerve

Rating %: —

Criteria (verbatim). Neuritis.

8209 Paralysis of the ninth (glossopharyngeal) cranial nerve — the scale § 4.123 names

Rating %: 30

Criteria (verbatim). Complete

Rating %: 20

Criteria (verbatim). Incomplete, severe

Rating %: 10

Criteria (verbatim). Incomplete, moderate

DC 8309 prints the word “Neuritis.” and no number. DC 8409 prints “Neuralgia.” and no number. The percentages above are the DC 8209 column. There is no Mild line and no Major or Minor column.

The DC 8209 note: Dependent upon relative loss of ordinary sensation in mucous membrane of the pharynx, fauces, and tonsils.

The Diseases of the Cranial Nerves block says: Disability from lesions of peripheral portions of first, second, third, fourth, sixth, and eighth nerves will be rated under the Organs of Special Sense. The ratings for the cranial nerves are for unilateral involvement; when bilateral, combine but without the bilateral factor.

38 CFR § 4.123 says: “Neuritis, cranial or peripheral, characterized by loss of reflexes, muscle atrophy, sensory disturbances, and constant pain, at times excruciating, is to be rated on the scale provided for injury of the nerve involved, with a maximum equal to severe, incomplete, paralysis. See nerve involved for diagnostic code number and rating. The maximum rating which may be assigned for neuritis not characterized by organic changes referred to in this section will be that for moderate, or with sciatic nerve involvement, for moderately severe, incomplete paralysis.” On the DC 8209 scale, severe incomplete paralysis is 20. Moderate is 10. The sciatic clause in that section is “moderately severe, incomplete paralysis.” DC 8209 does not print a moderately severe line. The sciatic nerve is a different nerve. 38 CFR § 4.124 caps neuralgia at moderate incomplete paralysis. DC 8409 prints “Neuralgia.” and no percentage. Moderate on this scale is 10. 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 cranial-nerve sentence says ratings are for unilateral involvement, and when bilateral, combine but without the bilateral factor. That sentence also says lesions of peripheral portions of the first, second, third, fourth, sixth, and eighth nerves will be rated under the Organs of Special Sense. The ninth nerve is not in that list. DC 8209 is the paralysis row. Complete on that row is 30, which is above the neuritis maximum of severe. 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 8209’s lowest printed line is incomplete, moderate, at 10.

Source: 38 CFR § 4.124a and 38 CFR § 4.123, Diagnostic Code 8309, eCFR full-text XML for 2026-10-01.

What the words mean in your records

Severe is 20 on this scale

Section 4.123’s higher neuritis maximum is severe, incomplete, paralysis when the organic changes it names are present. DC 8209 prints “Incomplete, severe” as 20. “Incomplete, moderate” is 10.

No mild line

The DC 8209 scale prints complete, incomplete severe, and incomplete moderate. It does not print Mild. The wholly-sensory sentence about mild or moderate is in the peripheral-nerve block, not in this cranial-nerve block.

The sensation note

The DC 8209 note says the evaluation is dependent upon relative loss of ordinary sensation in mucous membrane of the pharynx, fauces, and tonsils.

Evidence that speaks to each level

The DC 8309 row

What the rater needs to see. Neuritis of the ninth, glossopharyngeal, cranial nerve, and whether the organic changes § 4.123 names are present.

Where that usually lives. The neurological examination that identifies this nerve.

Incomplete, severe — 20, or incomplete, moderate — 10

What the rater needs to see. The severe incomplete line when those organic changes are present. Otherwise the maximum is moderate, because this scale has no moderately severe line and the sciatic clause is a different nerve.

Where that usually lives. The same examination, including the mucous-membrane sensation the DC 8209 note names. Complete, 30, is the DC 8209 paralysis line and is above the neuritis maximum.

VA’s public DBQ list, checked October 5, 2026, names “Cranial Nerve Conditions” under Neurological. The file is Cranial Nerve Conditions.

The exam form

DC 8309 prints no percentage. Section 4.123 and DC 8209 are the scale. This page does not say the form replaces that text.

Related codes and how they interact

Paralysis of this nerve is DC 8209.

That row prints 30, 20, and 10. DC 8409 is neuralgia and stops at moderate incomplete paralysis under § 4.124. On this scale that moderate line is 10.

Secondary conditions and presumptions

The 2026-10-01 text of 38 CFR § 3.309 does not contain “glossopharyngeal” or “neuritis.” Section 3.309(a) lists “Other organic diseases of the nervous system.” That family name is not assigned to DC 8309.

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 neuritis of the ninth cranial nerve?

Under 38 CFR § 4.124a, Diagnostic Code 8309 prints “Neuritis.” and no percentage. Section 4.123 caps that neuritis at severe, incomplete, paralysis when the organic changes it names are present. On Diagnostic Code 8209, incomplete severe is 20 percent. Education only. VA decides on the evidence.

Does a bilateral ninth-nerve rating use the bilateral factor?

The cranial-nerve sentence says that when involvement is bilateral, combine but without the bilateral factor. The peripheral-nerve sentence that applies the bilateral factor is in a different block.

FAQ

How does VA rate ninth-cranial neuritis under DC 8309?

The DC 8309 row prints no percentage. Section 4.123 rates neuritis on the DC 8209 scale. When the organic changes that section names are present, the maximum is severe, 20 percent. Otherwise the maximum is moderate, 10 percent. This scale has no moderately severe line. Education only.

Is the 30 percent complete line a neuritis rating?

That 30 percent line is the complete paralysis cell on DC 8209. Section 4.123 sets the neuritis maximum at severe, incomplete, paralysis when the named organic changes are present. Complete is above that maximum.

What sensation does the DC 8209 note name?

Relative loss of ordinary sensation in mucous membrane of the pharynx, fauces, and tonsils. The note ends with a period.

Next steps

  • Read the decision for DC 8309 or DC 8209, and whether the evaluation stopped at severe or at moderate.
  • 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 nerve codes are on the neurological diagnostic-code index.

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 Neurological, ordered by diagnostic code number. All Neurological codes

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

Source: 38 CFR Part 4, Diagnostic Code 8309 • 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.

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