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.
Jason Perkins' skill and care in navigating the Workers' Compensation labyrinth were invaluable. While the road was not always smooth, I cannot imagine traveling it with anyone other than Jason Perkins. He is generous with his time and expertise, patiently answering questions and explaining legal issues. Jason's intelligent, individualized attention enabled me to endure the otherwise hideous business of Workers' Comp. litigation. Throughout the entire process, he remained unshakably friendly, good natured, and easy to talk to. We had some genuinely enjoyable conversation unrelated to the case! Above all else, Jason's expert counsel succeeded in securing me the best possible settlement. He has my highest recommendation.Kelly McCaffrey
Perkins Studdard LLC, is a professional team to have on your side if you are on Workmans Comp.
They handle your case till you get a fair settlement that you feel comfortable with.harold smith
Jessica, Travis, and his team are nothing short of angels. I was not making progress, so I spent 6 months researching law firms. I'm beyond grateful that they took the time to help me and I'm confident that no other firm could have gotten the same results.
The process was the most difficult and mentally defeating experience of my life, but they took 100% of the bourdon off of my shoulders. They communicated every step of the long and overly complicated process. I'm forever indebted to these people and I will never forget them. Every Christmas I pause to think about my guys who didn't make it home, and I'll keep this team in my thoughts during those hard times.
I know it's difficult, but there are people like Travis and his team out there willing and able to help. To the warriors, keep your head up and stay in the fight.Michael
I can’t say enough wonderful things about Travis, and Jessica at Perkins Studdard! They went above and beyond for me and did everything they could to help. Their kindness, professionalism, patience, and genuine care truly meant a lot to me. I’m incredibly grateful for everything they did and the way they treated me. I highly recommend Travis and Jessica at Perkins Studdard to anyone looking for people who genuinely care about their customers. Thank you both for everything!Joe Tarno
They got me over $100,000 in back pay. Got me to 100% P&T.James Powell
I initially started my workers’ compensation case with another attorney. Although he was a good attorney, I eventually realized that I needed a different level of communication and support throughout my case. After searching online, I came across Jason Perkins and decided to give him a try. I can truly say that I have not regretted that decision.
One of the things I appreciated most about Jason and his team was how responsive and communicative they were. Having an attorney who kept me informed was extremely important to me. I never felt like I had to constantly call and ask what was happening with my case or where things stood. Whenever there was movement or an important update, Jason and his team made sure I knew about it. I always felt informed and included throughout the process.
Jason was also straightforward with me and consistently gave me what he believed was the best advice for my situation. My case was a lengthy process, but having an attorney I trusted and knowing that my case was being handled properly made that process much easier to get through. I never felt like I was just another case or that I was being left in the dark.
Looking back, I am very glad that I made the decision to switch attorneys and work with Jason Perkins. He and his team gave me the communication, guidance, and reassurance I needed throughout a very long process. I would absolutely recommend Jason to anyone looking for a workers’ compensation attorney who will communicate with you, keep you informed, and genuinely work to get the best possible outcome for your case.Christina Barrett
Jason did a great job very fast and efficient got me a bankroll in less than 30 days i highly recommendReality Rap
OMG, I wish I could articulate how Fantastic (5 stars) my experiences have been having Travis Studdard represent me over the years. He is amazing at what he does and he has done so much for me I can never thank him enough. Jessica is also Fantastic and always responds expeditiously.
I highly recommend Perkins Studdard LLC to represent you!!
Thank you for all your fantastic work representing me, I sincerely, appreciate it!!keith morrow
Jessica and Travis listened and worked very hard getting us a really great disability payment. Thank you so much for listening and every month we appreciate your time and energy. Thanks againJeannie Brown
Working with Jason was an absolute pleasure if I had any questions or concerns they were right there with the right answers I would recommend Perkins and Studdard to anyoneRickey
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.
