Conditions

How the VA rates neck and cervical spine conditions

The neck is rated on how far it bends and turns, counted in degrees. Most neck ratings come down to one measurement, forward flexion, which is how far the chin can drop toward the chest.

Neck conditions are rated under the same rule as back conditions, the General Rating Formula for Diseases and Injuries of the Spine in 38 CFR § 4.71a. The formula has one set of numbers for the lower and mid back and a different, stricter set for the neck. The diagnosis picks the diagnostic code, and the formula picks the percentage. The back pain guide covers the lower back; this page covers the cervical spine.

Which diagnostic code a neck condition gets

DCs 5237, 5238 and 5242 share the same range-of-motion tiers. The code matters most for disc disease, which has a second way to be rated.

The cervical tiers

RatingWhat the schedule requires
10%Forward flexion greater than 30° but not greater than 40°; or combined range of motion greater than 170° but not greater than 335°; or muscle spasm, guarding, or localized tenderness not resulting in abnormal gait or abnormal spinal contour; or vertebral body fracture with loss of 50% or more of the height.
20%Forward flexion greater than 15° but not greater than 30°; or combined range of motion not greater than 170°; or muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour.
30%Forward flexion 15° or less; or favorable ankylosis of the entire cervical spine.
40%Unfavorable ankylosis of the entire cervical spine.
100%Unfavorable ankylosis of the entire spine.

Note (2) to the formula, which also points to Plate V, the schedule's motion diagram, sets normal neck motion for VA purposes: 45° of forward flexion, 45° of extension, 45° of lateral flexion to each side, and 80° of rotation to each side. Those six numbers add up to a normal combined range of motion of 340°. Because the 10% band stops at 335°, a neck that is only 5° short of normal in total still falls in it.

The criteria in each tier are joined by "or", so meeting any one of them is enough. Ankylosis means the spine is fixed in place, and the scoliosis and ankylosis guide explains favorable versus unfavorable.

Worked example

Suppose a veteran with a cervical strain (DC 5237) is measured at 28° of forward flexion, 32° of extension, 22° of left lateral flexion, 28° of right lateral flexion, 58° of left rotation, and 62° of right rotation. The notes to the formula turn those readings into a tier like this:

  1. Rounding. Note (4) rounds each measurement to the nearest 5°: flexion 30°, extension 30°, left lateral flexion 20°, right lateral flexion 30°, left rotation 60°, right rotation 60°.
  2. Combined range of motion. The six movements add to 30 + 30 + 20 + 30 + 60 + 60 = 230°. That is greater than 170° and not greater than 335°, the 10% band.
  3. Forward flexion. 30° is "greater than 15 degrees but not greater than 30 degrees," the 20% band.

Because the criteria are joined by "or," the flexion reading meets the 20% criteria even though the combined figure only reaches the 10% band. Had flexion been measured at 33°, it would round to 35° and fall in the 10% band, so each degree on the exam report matters.

Now suppose the same veteran has numbness and tingling down the left arm, and the exam ties it to the C5 and C6 nerve roots with mild incomplete paralysis. That is rated separately under DC 8510 at 20%. A 20% neck and a 20% arm combine to 36% under § 4.25, which rounds to 40%. The two ratings do not simply add.

Pain, flare-ups and repeated use

The degrees on a single exam day are not supposed to be the whole picture. Three regulations and two court decisions tell the examiner to account for what pain does to motion:

Say where it hurts

Bending past the pain to show what is possible hides the problem. The examiner records where motion ends and separately notes where pain, weakness, or fatigue limits it. Go only as far as the neck actually allows, say where the pain starts, and describe flare-ups in specific terms: how often, how long, and what stops working. The Neck DBQ asks the examiner to estimate flare-up loss in degrees from all available information, including your own description. With nothing specific to go on, the examiner may state that no estimate is feasible.

Disc disease and incapacitating episodes

A herniated disc in the neck with nerve root involvement (DC 5243) can be rated under the general formula above or under a separate formula based on incapacitating episodes in the past 12 months, whichever gives the higher result once all disabilities are combined. The tiers are 10% for at least one week but less than two, 20% for at least two weeks but less than four, 40% for at least four weeks but less than six, and 60% for at least six weeks.

An incapacitating episode, by Note (1), is a period of acute signs and symptoms that requires bed rest prescribed by a physician and treatment by a physician. Staying home with a bad neck does not count unless a doctor ordered the bed rest. If disc disease affects more than one spinal segment and the effects are clearly distinct, Note (2) lets each segment use whichever method gives the higher result.

The arm symptoms are rated separately

Note (1) to the spine formula says to rate any associated objective neurologic abnormalities separately under an appropriate code. For a neck, the usual one is radiculopathy: nerve pain, numbness, tingling, or weakness running into an arm or hand. It is rated under the upper radicular group codes in 38 CFR § 4.124a:

For DCs 8510 to 8512, mild incomplete paralysis is 20%, moderate is 40% for the dominant arm and 30% for the other, severe is 50% and 40%, and complete paralysis is 70% and 60%. DC 8513 runs higher for severe and complete involvement. When the involvement is wholly sensory, the nerve codes say the rating should be mild, or at most moderate. Each affected arm is its own rating, and both arms together take the bilateral factor. The radiculopathy guide covers the tiers.

Neck and back are two separate ratings

Note (6) says to evaluate the thoracolumbar and cervical segments separately. The one exception is unfavorable ankylosis of both segments, which is rated as a single disability. A veteran with neck and lower back conditions therefore has two spine ratings, which combine with each other and with any nerve ratings under the combined rating math.

Sources

See what the numbers combine to

READY214's rating calculator combines spine, nerve, and other ratings the way the VA does, so a neck and an arm can be checked before filing. Free, no account needed.

Open the calculator