Many veterans have back disabilities as a result of their military service. Unfortunately, proving that you have pain in your back from an injury is not necessarily sufficient to get a rating from VA.
VA has particular rules that determine the correct VA rating for back disabilities. Understanding these rules can help improve your chances of receiving the correct rating.
VA uses the term “thoracolumbar spine” to refer to what most people would call their back. This articles will focus on VA’s rules for rating disabilities of the thoracolumbar spine.
What is the thoracolumbar spine?
The thoracolumbar spine is what most people refer to as their back. Think of it as your middle and lower back.
It is actually composed of two parts of the spine:
The other part of your spine is what we would commonly call your neck. VA uses medical terminology and refers to your neck as your “cervical spine”. Look for me to discuss how VA rates cervical spine disabilities in future articles.
How to get a 20 percent VA disability rating for your thoracolumbar spine
VA has two methods from rating thoracolumbar spine disabilities. The most common way that VA rates thoracolumbar spine disabilities is a range of motion formula. VA looks at the flexion that you have at your waist and whether is is limited as a result of your back disability.
A 20 percent rating requires your flexion to be pretty limited. VA defines it as forward flexion greater than 30 degrees but less than 60 degrees. So, if your back disability significantly limits your ability to bend at the waist, you could qualify for a 20 percent rating or higher. VA will often looks to the examinations from your doctors or physical therapists to determine whether and how much your range of motion is limited.
Are there other ways to get a 20 percent VA rating for the thoracolumbar spine?
Sometimes, I find that veterans with significant back disabilities have pretty good range of motion. So, they do not qualify for a 20 percent rating under VA’s range of motion rules.
VA does provide three other ways to get a 20 percent thoracolumbar VA rating.
Combing range of motion of the thoracolumbar spine not greater than 120 degrees
Muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis
Intervertebral disc syndrome with incapacitating episodes of at least 2 weeks but less than 4 weeks in the last year
What does VA mean by combined range of motion?
Combined range of motion focuses on range of motion other than your forward flexion. The doctor should measure forward flexion, extension back, your lateral, which is again the side to side bending, and then rotation which is twisting on an axis.
The doctor should take measurements of each of those. If the measurements add up to be not greater than 120 degrees total, then that would also qualify you for a 20 percent rating.
How can I qualify for a 20 percent rating for an abnormal gait or abnormal spinal contour?
Some veterans have good range of motion but have an abrnormal gait or abnormal spinal contour from muscle spasm or guarding. These veterans can also qualify for a 20 percent rating.
If your back disability affects how you walk, you might certainly qualify for this rating. Also, diagnostic testing performed by your doctor may demonstrate scoliosis, reversed lordosis, or abnormal kyphosis.
What does VA mean by incapacitating episodes?
As I mentioned above, veterans can also qualify for a 20 percent VA rating by showing at least 2 weeks of incapacitating episodes in the last year. This applies most often to veterans who have periods where their back flares up or goes out, and they simply are unable to do much of anything. This really takes a toll on veterans and should be factored in by VA.
Fortunately, VA does factor that in. It’s another way to rate a spinal condition. Having back pain or some limitations alone will not be enough to qualify for the 20 percent VA rating since VA defines incapacitating episodes.
In VA’s rules, incapacitating episodes means signs and symptoms that your doctor says require bedrest that your doctor orders. The good news is that the episodes do not have to be two weeks in a row. You just have to have a total of at least two weeks in the last year.
VA’s rules also provide that VA should use whichever method of rating your thoracolumbar spine which provides you with the higher rating. So, if you qualify for a ten percent using range of motion and a 20 percent using incapacitating episodes, then VA should assign you a 20 percent rating.
Can I get a rating higher than 20 percent if my back disability is more severe?
Travis Studdard is an attorney who focuses on representing veterans in VA disability compensation claims. He regularly writes about issues that are important to veterans and their families.
You can subscribe to his Veterans Disability channel on YouTube.
My name is Vernita Smith, I endured a I jury on my job in 2019, I got a little discourage not knowing what to do regarding this matter. One day I researched online for myself. I researched Workman's Comp Lawyers in Atlanta, there were several pulled up, but for some reason I chose Perkins StuddardLLC. I can truly say Mr. Jason and his entire staff has been there and guided me every step of the way. It was a blessing 🙏 for me to have found 🙏 this Company. Mr.Jason and his staff members was always caring, kind, helpful, pleasant everytime I spoke with them. I would highly recommend this company to my family ❤️ and anyone who needs ❤️ assistance. So I thank you so much to Mr. Jason and his entire staff. May God continue 🙏 to bless you 🙏 to be able to serve 🙏 many people all over the world.🙏 💞🙏🥰🙏💞
💞Best regards💞
Vernita SmithVernita Smith
My deepest thanks to Travis Studdard, Jessica Hyatt and their team at Perkins Studdard! My odyssey with the VA began after my Marine Corps career ended and has gone on well over a decade. I initially worked on my claim myself but after 6 years, yes 6 years, of fighting with the VA, I was finally at the end of what I thought was a hopeless battle. Then I came across Perkins Studdard LLC while on Facebook and decided, what did I have to lose, so I gave them a call and had a conversation with Travis. He was very helpful, honest, and frank in his advise to me and thankfully he decided to take my case. He took a completely different strategy than the one I had been employing and with his expertise, once my case and multiple appeals had finally been settled, I received everything he promised and everything I deserved. The only thing I would have changed...I would have hired Perkins Studdard when I first intended to file a claim with the VA, rather than try to do it myself.
Thank you and Semper Fi
Rich LarsenRichard Larsen
Throughout Mr. Perkins's engagement as legal counsel, from initial contact to case resolution, the firm consistently demonstrated professionalism, responsiveness, and efficiency. His instructional materials were easily comprehensible, and both he and his staff provided clear and concise explanations at every stage. His representation was highly effective. I wholeheartedly recommend his services; he is both diligent and fair.Carol
My experience with this firm was great. My VA claim was handled in a professional way resulting in a very positive result. They handled all of the paperwork and kept me informed of anything that I needed to do or know about. I highly recommend Perkin Studdard to handle your VA claim. Msgt USMC retiredFrank Desselle
Went with Perkins Studdard for assistance with my VA claim and received the result I was looking for! The team is extremely professional and provides great communication. I highly recommend!Desirae
I highly recommend going to Perkins studdard for VA claims! We have been fighting with the VA on service connected disabilities for 5 years and they helped us get our claims processed. Thank you guys!!!Chelsea
Recommend 100% After calling many attorneys and being turned away. They took my case and did amazingly well. They were patient and respectful throughout the process. Thease guys are legit and know their stuff!!!Mary Ann Sotelo
Great people, Great Service 100% Satisfied and has recommended them to a few people.Flo N Scnts Johnson
Happy and impressed working with Perkins Studdard to help me through the VA claim maze. Don't hesitate to contact them for help. You cannot do it alone.Jim & Linda Woychik
My experience with this firm was overwhelmingly awesome! My attorney is very knowledgeable in veteran law and the rest of the staff is polite and they answer emails in a timely manner. I definitely recommend Perkins Studdard for you VA claim needs.Juan Armenta
I understand you want your VA claim to be done as quickly as possible. But remember the ultimate goal – to win your VA disability compensation claim.
You may eventually get there on your own, but it may be after a series of decisions by the Regional Office and Board of Veterans Appeals. Sometimes claims are appealed and remanded several times, which can cause a claim to drag on for years. If you are interested in avoiding unnecessary delay in your claim and want to do everything you can to maximize your chances of success, it is probably a good idea for you to consult with an accredited veterans disability attorney.
We would be happy to talk to you. If you would like a free consultation with our Perkins Studdard veterans disability attorneys just click here or give us a call to begin the process.
