How Veterans with Back Injuries Can Access Their VA Benefits
Back injuries are one of the most common service-connected disabilities among veterans. Military service is hard on the spine—heavy lifting, repetitive stress, combat trauma, and physical training can all cause lasting damage. If you’re a veteran suffering from a service-connected back injury, you may be entitled to VA disability compensation ranging from 10% to 100%, depending on how severely your condition limits your range of motion and daily functioning.
You’ve earned your benefits. You have the right to medical care that can improve your health and quality of life. Capovilla & Williams is here to help. Call 866-951-0466 or fill out our online form for a free consultation. There’s no out-of-pocket cost for the veterans we represent.
The VA rates back injuries based on objective measurements like range of motion, not just pain levels. Understanding how the VA evaluates your condition is critical to getting the rating you deserve.
Do Back Injuries Qualify for VA Benefits?
Back injuries can range from minor to serious and cover a range of conditions. To qualify for treatment, veterans will need to show that their condition relates to their service.
Veterans can establish a link between a back injury and their military service through:
- Current medical records and diagnoses
- Any injury, event, or illness that occurred while they were serving
- A medical link between their back injury and the in-service injury, event, or illness
Veterans can gain objective medical evidence through private medical opinions as well as from VA care. In some situations, lay evidence, such as a veteran’s statement of pain, may also be used as evidence.
Military service is known for being hard on joints, the back, and the spine. Heavy lifting, quick movements, and repeated stress and trauma can all increase the risk of injury and affect the back and spine’s long-term health.
Why Is Range of Motion Important for Back Injuries?
When examining a veteran for back injuries, the first question is how an injury, event, or illness has affected their range of motion. A limited or reduced range of motion is often the most important evidence of a veteran’s injury.
While the exact tests vary depending on the specific medical condition and part of the spine, range of motion generally tests three things:
- Flexion, or moving the body from side to side
- Extension, which is straightening or moving the body forward and back
- For example, for an upper spine issue, the veteran may move their head in a nodding motion.
- Rotation, or turning the body
Most veterans will be put through different types of motion to determine how much their range of motion has been negatively impacted. In some cases, even if a veteran only has a slight reduction in mobility, they may still qualify under the painful motion rule.
What Does the VA Consider a Normal Range of Motion?
In order to establish what qualifies as a limited range of motion, the VA defines what should be considered a normal range of motion for spine and back movement.
The VA divides normal movements into the upper and lower parts of the spine. Measurement involving the left and the right will involve two measures, one for the left and one for the right. Finally, the veteran’s combined range of motion is also considered.
Upper Spine Range of Motion
The movement of the cervical, or upper, spine, falls under a normal range of motion when:
- Normal forward flexion is zero to 45 degrees.
- Extension is zero to 45 degrees.
- Left and right lateral, or side-to-side, flexion is zero to 45 degrees.
- Left and right lateral, or side-to-side, rotation is zero to 80 degrees.
Lower Spine Range of Motion
The movement of the thoracolumbar, or lower, spine, falls under a normal range of motion when:
- Normal forward flexion is zero to 90 degrees.
- Extension is zero to 30 degrees.
- Left and right lateral, or side-to-side, flexion is zero to 30 degrees.
- Left and right lateral, or side-to-side, rotation is zero to 30 degrees.
Combined Range of Motion
The combined range of motion is the sum of the range of forward flexion, extension, left and right lateral flexion, and left and right rotation. Movements involving the left and right will have two numbers.
For the cervical spine, the maximum normal range of combined motion is 340 degrees. For the thoracolumbar spine, it’s 240 degrees.
Other Factors for Range of Motion
In addition to these measurements, an examination can also include other factors, such as age, body habits, neurologic disease, or other conditions. In some cases, these factors will make a reduced range of motion normal for that individual, regardless of how their measurements compare to the standard range of motion.
What Is Ankylosis in VA Back Injury Claims?
Ankylosis means the spine has become fixed or immobile—essentially “frozen” in position. The VA distinguishes between two types:
What Is Unfavorable Ankylosis?
The spine is fixed in an abnormal, bent position that severely limits movement and functioning. This receives higher disability ratings because it’s more disabling.
Examples:
- Spine permanently bent forward
- Fixed sideways curvature (severe scoliosis)
- Unable to straighten or move normally
What Is Favorable Ankylosis?
The spine is fixed but maintains a relatively straight, upright posture. While movement is still limited, the positioning allows for better functioning.
Examples:
- Spine straight but rigid
- Maintains normal posture while standing/sitting
- Some limited movement may be possible
Why the Distinction Matters
Unfavorable ankylosis receives significantly higher ratings (40-100%) than favorable ankylosis (30-40%) because of the greater functional impairment.
The VA uses the terms unfavorable ankylosis and favorable ankylosis when referring to back pain. It defines unfavorable ankylosis as the spine being in a bent position that’s unnatural and often severely limits movement. Unfavorable ankylosis can affect the entire spine, the lower spine, or the upper spine.
Favorable ankylosis is when the spine maintains a straight posture and may allow for some movement. It can also affect the entire spine, the lower spine, or the upper spine.
What Are the VA Disability Ratings for Back Injuries?
Back injuries fall under the VA’s schedule of ratings for the musculoskeletal system. For back injuries, the ratings range from 10 to 100 percent, with 100 being the most serious.
Symptoms such as pain, stiffness, or aches aren’t required when determining the rating for a back injury or condition. While they can provide additional information, the lack of pain, for example, shouldn’t reduce or affect the rating.
Back injuries cover a wide range of conditions and muscle groups. The VA has multiple schedules of ratings for the back and spine. The example given here is for the general rating schedule for spine and back diseases and injuries.
The VA rates back and spine conditions from 10% to 100% based primarily on range of motion limitations, not pain levels. The more limited your movement, the higher your rating.
VA Rating | Key Criteria |
---|---|
10 percent |
Any of the following:
|
20 percent |
Any of the following:
|
30 percent |
Either of the following:
|
40 percent |
One of the following:
|
50 percent | Unfavorable ankylosis for the entire thoracolumbar spine |
100 percent | Unfavorable ankylosis of the entire spine |
What is Functional Loss?
Functional loss means how much a back injury or condition limits a veteran’s ability to move with a normal range of motion. This can include excursion, strength, speed, coordination and endurance. Weakness can matter as much as limited motion. How a veteran’s range of motion has changed over time is also a consideration.
What is the Painful Motion Rule?
A veteran may experience pain in their back or spine even if their range of motion is only slightly limited. They may experience pain without a formal diagnosis of arthritis. These veterans may fall under the VA’s painful motion rule.
The painful motion rule says that, even if a veteran has no restriction or a minimal limitation in movement, if they’re experiencing pain when moving that joint, the VA must consider awarding them the minimum compensable rating. While not a joint, back injuries fall under the painful motion rule.
If a veteran falls under the painful motion rule, the VA should apply a minimum rating of 10 percent.
Is an Arthritis Diagnosis Required Under the Painful Motion Rule?
Court cases have clarified that a formal diagnosis of arthritis isn’t needed for the painful motion rule to apply. When assessing what a veteran is entitled to, the focus should be on functional loss instead of the formal diagnosis.
If a veteran’s medical record includes documented, objective evidence of painful movement during a medical exam, and if that pain relates to an injury, event, or illness during the veteran’s military service, the painful motion rule should apply.
Capovilla & Williams Can Help You Access Your Benefits
Back pain can take a variety of forms, but even minor conditions can have a drastic influence on a person’s quality of life. Proper treatment not only reduces current symptoms but can often help prevent worsening issues.
If you have an injury, event, or illness to your back or spine related to your military service, the team at Capovilla & Williams is here to help. We help guide our clients through the process. These benefits aren’t a luxury for you but a right. Call 866-951-0466 or fill out our online form for a free consultation.