What's the VA Rating for Back Pain in 2024?
Addressing back pain through a VA disability claim can feel as daunting as the condition itself. For countless veterans, back pain following years of service is a constant reminder of the sacrifices you made. Starting the journey to file a VA disability claim for back pain is an essential step towards getting relief and compensation your service entitled you to.
In this comprehensive guide, I’ll walk you through the critical milestones of your claim. I’ll help you understand what unfolds during your Compensation and Pensions (C&P) Exam, decode the current VA Rating Schedule for back injuries, and explain what you need to do in order to prove your service connection for your back pain.
Finally, I’ll address the most pressing questions that Veterans have when filing VA back pain claims, illuminating the path forward. There’s a lot of information here, so let’s get right into it!
Contents
What to Expect During Your Compensation and Pensions (C&P) Exam for Back Pain
After you file a claim with the VA for disability compensation due to back pain, you’ll undergo a Compensation & Pensions exam (C&P exam). Here’s what you can expect during this examination:
A Review of Your Medical History, Medical Records, and Current Symptoms
First, your medical records will be reviewed, and you’ll be asked to provide a holistic account of your current symptoms and back pain. This includes describing the pain, treatments you currently take, additional symptoms, your walking ability, and your need (if any) for mobility-assistance devices.
You’ll also be asked to share your history of injuries to your back, hospitalizations and surgeries. Finally, you’ll be asked to share how your injury or pain impacts your daily life.
The Examiner Will Measure Your Range of Motion
Next, you’ll undergo a physical exam. During this, your examiner will inspect your spine, limbs, posture and gait, the position of your head, and the curve of your spine. They’ll assess your range of motion in your cervical spine (your neck) and your thoracolumbar spine (your upper and lower back) using a tool called a goniometer, which is like a protractor.
Your range of motion is critical because it’s the basis for your disability rating for back injuries. The less mobility you have in your back, and the higher your disability rating will be in most cases.
The VA measures your range of motion, including your ability to bend and twist in all directions, in your cervical spine (your neck) and your thoracolumbar spine (your lower-to-upper back). Additionally, your examiner will also look for things like:
Visible indicators of pain
Guarding, or an aversion to moving in certain ways that cause pain.
Walking abnormally
Your spine rests or curves in a way it’s not supposed to.
The examiner will also assess you for ankylosis, which refers to your back or neck being stiff or inflexible. Your ankylosis could be fixed in a position that is either considered ‘favorable’ or ‘unfavorable,’ meaning it causes you pain.
Finally, if your pain is due to Intervertebral Disc Syndrome, your examiner will assess you thoroughly for that. That includes separate exams for the cervical, thoracic, and lumbar regions of your spine, a review of any surgeries in the affected areas, and a report of periods when you were unable to carry out the tasks of your daily life due to the pain.
The VA Rating Schedule for Back Pain, Stiffness, and Skeletal Disorders in 2024
The VA’s rating schedule for spinal injuries and diseases is explained in Title 38, Section 4.71a of the Code of Federal Regulations. Ratings for back pain and spinal conditions vary depending on your level of immobility or ankylosis.
Your neck and back will each be assessed. Because you could be rated based on either area, I’ve broken the ratings down for each area of your body.
VA Ratings for Thoracolumbar Back Injuries
The 2024 VA ratings for thoracolumbar back injuries and diseases (based on a single Veteran with no dependents) are as follows:
50% rating, $1,075.16 per month: Unfavorable ankylosis of the entire thoracolumbar spine. This means that you’re unable to move your back, and that your back is stuck in an uncomfortable, painful, or ‘unfavorable’ position.
40% rating, $755.28 per month: You can receive a 40% rating if you meet one of two criteria: Either you can’t bend your spine 30º forward, or you have ankylosis of the entire spine in a favorable position.
20% rating, $338.49 per month:* There are few ways you could receive a 20% rating for back or spine disabilities. However, the rating criteria is a little more complicated, so let’s break it down. You could receive a 20% rating if:
For your thoracolumbar spine: You can bend forward slightly (more than 30º) but not too much (no more than 60º). Alternatively, when you try to bend, twist, and turn in all directions, the total movement you can make adds up to 120 degrees or less.
For spasms and guarding: Your back muscles are extremely tight, tense, or protect themselves by staying very still (guarding). This can result in an abnormal gait or curvature of your spine.
10% rating, $171.23 per month: A 10% rating also has several qualifying criteria, so let’s take a quick look at those. You could receive a 10% rating if:
For your thoracolumbar spine: You can bend forward a bit more than making a small "L" shape with your body (over 60º) but not more than 85º, or when you try to bend, twist, and turn in all directions, the total movement you can do is more than 120º but not more than 235º.
For spasms and guarding: Your back muscles are tight, guarding, or sore in one spot (localized tenderness), but it doesn't make you walk abnormally or make your spine curve abnormally.
For vertebral fractures: If one of the bones in your spine (vertebral body) is broken and compressed so much that it's half as tall as it should be.
VA Ratings for Cervical Spine Injuries
The 2024 VA ratings for cervical spine injuries and diseases are slightly different from those for the thoracolumbar spine. Let’s take a look at the VA’s ratings based on a single Veteran with no dependents:
40% rating, $755.28 per month: You can receive a 40% rating if you have an unfavorable ankylosis of your entire cervical spine, meaning your neck is stuck in an uncomfortable position.
30% rating, $524.31 per month: You can be rated at 30% if you can’t bend your neck 15º forward, or you have ankylosis of your entire neck in a favorable position.
20% rating, $338.49* per month: If you can tilt your head forward a little bit more than if you were nodding “yes” very slightly (more than 15º) but not too much (no more than 30 degrees), or when you try to move your neck in all different ways, the total movement adds up to 170º or less.
10% rating, $171.23* per month: If you can tilt your head forward more than 30º but not more than 40º, or, when moving your neck around in all the ways it can go, your total movement is more than 170 degrees, but not more flexible than 335º.
*Note that for all disability ratings 20% or lower, the monthly compensation rate doesn’t change if you have dependents.
VA Ratings for Intervertebral Disc Syndrome
Intervertebral Disc Syndrome (IVDS) is a condition where your discs (soft, cushion-like pads between the bones of your spine), become damaged or deteriorate. This damage can cause you pain, discomfort, and nerve issues.
If you’ve been incapacitated by IVDS to the point your doctor has prescribed bed rest and treatment, you could be entitled to VA benefits. The VA rating schedule for IVDS is based on how long you’ve been incapacitated by the condition in the last 12 months. Here’s what that rating schedule looks like:
60% rating, $1,361.88 per month: Your IVDS episodes had a combined duration of at least 6 weeks in the past 12 months.
40% rating, $755.28 per month: Your IVDS episodes had a combined duration of at least 4 weeks but less than 6 weeks in the past 12 months.
20% rating, $338.49 per month:* Your IVDS episodes had a combined duration of at least 2 weeks but less than 4 weeks in the past 12 months.
10% rating, $171.23 per month: Your IVDS episodes had a combined duration of at least one week but less than 2 weeks in the past 12 months.
How to Prove a Service Connection for Back Pain
Proving a service connection for back pain or spinal injuries is no different than any other disability. There are three main things that you’ll need to demonstrate a service connection.
First, you’ll need a current diagnosis.
Second, you’ll need an in-service injury, stressor, or illness. This could be something like an impact or crash you were involved in that was directly related to your service. Additionally, your back pain could be secondary to another service-connected disability. For example, an injury to a leg during your service could have impacted your gait, leading to back pain over time.
Finally, you’ll need to prove that there’s a link between your current diagnosis and your in-service injury or stressor. You may be able to make the link clear through your military service or medical records. Buddy letters can also be helpful for proving that your back pain began during or as a result of your service. However, one of the easiest ways to prove a connection or ‘nexus’ between your current condition and your in-service injury is with a nexus letter from a private physician. If you’re not familiar with nexus letters, my article on nexus letters will answer your questions.
When your claim for back pain checks all these boxes, your VA disability claim has a stronger chance of being granted.
How to File a VA Disability Claim for Back Pain and Spine Injuries
The first step to filing a VA disability claim for sleep apnea is filing VA Form 21-526EZ. When you submit your claim, be sure to include all the records necessary to establish a service connection, such as your military medical records, your military service records, and diagnoses from your primary care physician.
Frequently Asked Questions About VA Back Pain Claims
What Does the VA Recommend for Back Pain?
If you’re experiencing low back pain, the VA may recommend you participate in yoga or high-intensity stretching programs, which are available across the VA system. It has been demonstrated that yoga and high-intensity stretching are often effective non-pharmaceutical pain-management solutions.
I Have a 50% Rating for Another Condition. Will another 50% Rating Make Me 100% Disabled?
No, two 50% ratings, or a 70% rating and a 30% rating, for example, don’t combine to make you 100% disabled. Here’s how the VA’s combined ratings table works:
Assume you receive a 50% disability rating. imagine this simply leaves you 50% unaffected.
Then, assume you receive an additional 30% disability rating. This 30% applies to the remaining 50% that was unaffected.
So, if you receive a 30% disability, you’re actually receiving 30% of 50%, which is 15%.
Those totals are then combined. In this case, you would have a combined 65% disability rating. However, the VA rounds to the nearest 10%, so you’d receive a combined 70% disability rating.
What Should I Do if My Claim for Back Pain is Denied?
If you filed a VA disability claim for back pain and were denied, it can be exhausting. On top of dealing with ongoing pain, the process of filing an appeal is a daunting task, and it’s not always easy. However, if your condition is service connected, you should receive the compensation you’re entitled to.
Depending on your circumstances, a hearing before a Board of Veterans’ Appeals, a higher-level review or supplemental claim could help you receive the benefits you’re entitled to. To learn which type of appeal makes the most sense for your claim, contact me today to schedule a free case evaluation.
Note: Consultations for Veterans’ Benefits Appeals Matters are free; however, consultations for Military Records Correction Issues and Medical/Physical Evaluation Boards are paid.
The information contained in this article is for general information only, and should not be construed as legal advice, nor does this article establish a client-attorney relationship.