Many veterans find VA’s rules for rating back disabilities confusing. Despite having severe impairment and a lot of pain, veterans often find that VA rates their back injuries at 10 or 20 percent.
A lot of veterans feel that this 10 or 20 percent rating is low for how much their back disability affects them. Is that rating correct or should it be higher?
In this article, I will discuss how VA rates back disabilities and the ratings your can receive. I will focus on the thoracolumbar spine.
What is the thoracolumbar spine?
The thoracolumbar spine is what most people refer to as their back. It is your middle and lower back.
The thoracolumbar spine is actually composed of two parts of the spine:
The other part of your spine is what we would commonly call your neck. VA chooses to use 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 does VA rate my back disability?
VA ratings come from VA’s regulations which are published in the Code of Federal Regulations (CFR). Different medical conditions have different “diagnostic codes”.
For disabilities of the spine, VA uses diagnostic codes between 5235 and 5243. These diagnostic codes fall within “the spine” section of VA’s diagnostic codes.
Among other things, these codes cover diagnoses for:
Vertebral fracture and dislocation
Lumbosacral or cervical strain
Degenerative arthritis of the spine
Intervertebral disc syndrome
Spinal stenosis
The formula that VA uses to rate back disabilities with a diagnosis code between 5235 and 5242is the same. That formula actually covers both the cervical and thoracolumbar parts of the spine. This article will only focus on the portion of that formula that relates to the thoracolumbar spine.
How can I get a 40 percent rating for my thoracolumbar spine?
The VA diagnostic codes for disabilities of the spine primarily focus on ankylosis. Ankylosis basically means that the joint is stiff or will not move. So, spinal disabilities focus on the lack of mobility or range of motion.
Technically, the highest VA rating for a thoracolumbar spinal disability is 50 percent. To qualify for a 50 percent rating, a veteran would need to have “unfavorable ankylosis of the entire thoracolumbar spine.”
Because of that, qualifying for a 50 percent rating for a thoracolumbar spine disability is very difficult. But, veterans can still qualify for a 40 percent rating for a thoracolumbar disability if they can show one of the following two things:
Forward flexion of the thoracolumbar spine of 30 degrees or less
Favorable ankylosis of the entire thoracolumbar spine
Veterans who have less than 30 degrees of flexion at the waist when bending forward can qualify for a 40 percent rating. You have to be quite restricted by your back disability to have less than 30 degrees of flexion at your waist.
The other way you can qualify for the 40 percent thoracolumbar rating is favorable ankylosis of the entire thoracolumbar spine. Ankylosis of the entire thoracolumbar spine means that you cannot bend at all. The difference between favorable and unfavorable ankylosis focuses on the position of your spine.
Favorable ankylosis means that your spine is frozen in a neutral position or zero degrees. So, if your back is straight, but you cannot bend your thoracolumbar spine at all, then that is considered favorable ankylosis and would qualify you for a 40 percent VA disability rating.
If you are bent forward and cannot move your thoracolumbar spine at all, then you should qualify for a 50 percent rating for unfavorable ankylosis.
Can I still get a 40 percent rating or higher if I have good range of motion?
VA does have one other formula that can be used to rate thoracolumbar disabilities. That formula is found in diagnostic code 5243 which covers intervertebral disc syndrome.
VA can rate intervertebral disc syndrome under the range of motion formula mentioned earlier or under a separate formula for incapacitating episodes. VA should use the formula that results in the higher rating for all disabilities combined.
Under the incapacitating episode formula, a veteran can qualify for a rating of 40 percent or higher if the veteran has incapacitating episodes with a total duration of over 4 weeks over the last 12 months. The rating can go as high as 60 percent under this formula if the total duration of the incapacitating episodes is 6 weeks or more over the last 12 months.
VA defines incapacitating episodes as symptoms that require bedrest ordered by a physician. It is important to understand that the incapacitating episode time does not have to be consecutive. A veteran just needs to show a total time of 4 weeks of incapacitating episodes in the last twelve months to get a 40 percent rating.
What if I have other symptoms as a result of my back disability?
VA will rate some conditions caused by your back disability separately. For example, the diagnostic codes instruct VA to rate neurological symptoms separately. Some examples of neurological conditions that could be rated separately include:
Radiculopathy including pain, numbness or tingling in your arms and legs
Bowel or bladder symptoms
Can I get to a 100 percent rating for a back disability?
The diagnostic codes do allow for a 100 percent disability. But, you have to show unfavorable ankylosis of the entire spine to qualify for that.
This would mean that you are bent forward but cannot move any portion of your spine at all. In other words, your thoracolumbar spine does not move and your cervical spine does not move either. That is obviously a very significant limitation.
A 40 to 60 percent thoracolumbar spine rating means that you are severely limited by your back. You would either have very limited range of motion or incapacitating episodes requiring bedrest at least 4 weeks in the last year. Individuals with these limitations will often find it difficult to find or maintain employment.
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.
