---
kind: "section"
citation: "10 U.S.C. § 1216a"
title: "10"
title_heading: "Armed Forces"
number: "1216a"
heading: "Determinations of disability: requirements and limitations on determinations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1216a"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 61 — Retirement or Separation for Physical Disability"
---

# §1216a. Determinations of disability: requirements and limitations on determinations

- (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](/usc/10/101.md?p=a-4) for purposes of this chapter, the [Secretary concerned](/usc/10/2801.md?p=c-5)—
    - (A) shall, to the extent feasible, utilize the schedule for [rating](/usc/10/101.md?p=b-9) disabilities in use by the Department of Veterans Affairs, including any applicable interpretation of the schedule by the [United States](/usc/10/101.md?p=a-1) Court of Appeals for Veterans Claims; and
    - (B) except as provided in [paragraph (2)](#a-2), may not deviate from the schedule or any such interpretation of the schedule.
  - (2) In making a determination described in [paragraph (1)](#a-1), the [Secretary concerned](/usc/10/2801.md?p=c-5) may utilize in lieu of the schedule described in that paragraph such criteria as the [Secretary](/usc/10/4951.md?p=3) of Defense and the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/101.md?p=b-9) of disability of a member of the [armed forces](/usc/10/101.md?p=a-4) for purposes of this chapter, the [Secretary concerned](/usc/10/2801.md?p=c-5) 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](/usc/10/101.md?p=b-7), [rank](/usc/10/101.md?p=b-8), or [rating](/usc/10/101.md?p=b-9).

## Source credit

(Added Pub. L. 110–181, div. A, title XVI, § 1642(a), Jan. 28, 2008, 122 Stat. 465.)