VA Rating for Back Pain: How the VA Uses Range of Motion Tests

Back pain is one of the most common service-related disabilities among veterans, and also one of those that is often underestimated. If you have filed a claim for back pain with the VA, understanding how they measure and rate your injury can significantly affect the benefits you receive.

Why Range of Motion Is Central to Your VA Back Rating

The VA evaluates most back conditions in accordance with 38 CFR § 4.71a, which is the regulatory framework for musculoskeletal disabilities. Specifically, for spinal conditions, the VA relies heavily on range of motion (ROM) testing to determine the percentage of disability. This is a structured clinical examination, not a casual assessment, that can determine whether you will receive 10% or 100% compensation.

Range of motion tests are used to measure how far a person can bend, flex and rotate their spine compared to normal movement. These measurements are used by the Veterans Administration (VA) to apply diagnostic codes that correspond to specific rating percentages. In other words, the less a person’s spine moves, the higher their rating is likely to be.

How the VA Measures Spinal Range of Motion

During a Compensation and Pension (C&P) examination, a VA examiner may use a goniometer – a tool that measures joint angles – to assess movement in the thoracolumbar and cervical spines. The normal forward flexion of the lower back is 90 degrees. The VA rates your condition based on how much your movement falls below a certain threshold:

• If your forward flexion is greater than 60 degrees, you receive a 0% rating.
• If it’s between 30 and 60 degrees, it’s a 10% rating.
• Between 0 and 30 degrees (or if you have favorable ankylosis), it’s a 40% rating.
• If you have unfavorable ankylosis of the entire thoracolumbar spine, it’s 50%.
• Unfavorable ankylosis of the entire spine gets you 100%.

These thresholds come directly from 38 CFR Part 4, which covers conditions including intervertebral disc syndrome, spinal stenosis, degenerative arthritis, and vertebral fractures. The diagnostic codes for these conditions are 5235-5243.

The Role of Painful Motion and Functional Loss

The range of motion alone does not tell the whole story. According to 38 CFR § 4.40 and § 4.45, the VA must take into account functional loss caused by pain, weakness, fatigue, and incoordination, even if the measured range of movement seems to be within normal limits. This means that if your back movements cause significant pain and limit your ability to perform daily activities, your disability rating should reflect these limitations.

Many veterans are underestimated because the C&P examiner fails to fully document pain experienced during movement or fails to conduct repeated movement testing, which reveals additional loss of function when using the body. Our lawyers at the Veterans Benefits Law Group carefully review C&P examination reports to identify these gaps and challenge incomplete findings.

Secondary Conditions That Can Increase Your Rating

Back injuries rarely occur in isolation. Disc herniation and spinal stenosis can lead to radiculopathy, which is pain, numbness, or weakness that radiates down the legs. The Veterans Administration (VA) rates radiculopathy under peripheral nerve diagnostic codes separately, meaning you may be eligible for additional compensation in addition to your back rating. Other conditions, such as bladder dysfunction that may indicate cauda equina syndrome, can also be rated separately.

Total Disability Based on Individual Unemployability (TDIU)

If your back condition makes it difficult for you to secure or maintain employment that provides a substantial income, you may be eligible for Total Disability based on Individual Unemployability (TDIU), as described in 38 CFR § 4.16. Even if your combined rating for disability is lower, TDIU provides 100% compensation. This benefit can be crucial for veterans with chronic back pain who find it impossible to maintain consistent employment.

Get the Rating You’ve Earned

The difference between a 10% and a 40% disability rating can mean thousands of dollars in lost benefits each year. Don’t leave your compensation to chance. At Veterans Benefits Law Group, our attorneys in Ridgeland, MS work with orthopedic experts and vocational specialists to build strong, evidence-based claims. We want to help you get the benefits you deserve. Contact us today for a free, no-obligation consultation. We understand that you served your country and we are here to fight for you.