40%
Highest listed pathwayThe 40% level describes widespread musculoskeletal pain and tender points, with or without associated symptoms such as fatigue, sleep disturbance, stiffness, paresthesias, headache, irritable bowel symptoms, depression, anxiety, or Raynaud's-like symptoms, that are constant, or nearly so, and refractory to therapy.
What separates the next level: The next lower tier (20 percent) describes episodic symptoms present more than one-third of the time rather than symptoms that are constant or nearly so and resistant to treatment.
Review CFR criteria, examples, and evidence
- Official CFR language
- Widespread musculoskeletal pain and tender points, with or without associated fatigue, sleep disturbance, stiffness, paresthesias, headache, irritable bowel symptoms, depression, anxiety, or Raynaud's-like symptoms that are constant, or nearly so, and refractory to therapy -- 40 percent.
- Qualification explanation
- Reached by confirmed widespread pain (per the Note's bilateral, above-and-below-waist, axial-plus-extremity definition) together with symptoms documented as constant, or nearly so, and refractory to therapy.
- Examples
- Records documenting ongoing widespread pain and tender points across the axial skeleton and extremities that have not responded to treatment attempts.
- Medical evidence
- Rheumatology or primary care treatment records; Documentation of tender-point examination findings; Treatment history showing therapies attempted and their lack of effect
- Functional impact examples
- Pain that persists nearly continuously despite treatment.; Symptoms that remain resistant across multiple treatment attempts.
- Common misconceptions
- A fibromyalgia diagnosis alone, without documentation that symptoms are constant or nearly so and refractory to therapy, does not reach this tier.
- Related topics
- widespread pain definition; tender points; refractory to therapy
- Source context
- 38 CFR 4.71a; 5025; Confirmed via eCFR versioner API and Cornell LII, word-for-word match. Traces to a 1996 rulemaking (RIN 2900-AH05).