Conditions

How the VA rates scoliosis, spondylosis, spinal arthritis and ankylosis

The rating schedule has no diagnostic code named scoliosis or spondylosis. Both are rated through the spine formula, which measures what the spine can do, not what the X-ray looks like.

Scoliosis is a sideways curve of the spine. Spondylosis is a medical term for degenerative change in the spine, generally arthritis of the vertebrae. Veterans often search for a rating for the diagnosis by name and find none. The reason is that 38 CFR § 4.71a lists spine conditions by kind and then rates nearly all of them with one shared rule, the General Rating Formula for Diseases and Injuries of the Spine.

The spine codes the schedule actually lists

CodeCondition
DC 5235Vertebral fracture or dislocation
DC 5236Sacroiliac injury and weakness
DC 5237Lumbosacral or cervical strain
DC 5238Spinal stenosis
DC 5239Spondylolisthesis or segmental instability
DC 5240Ankylosing spondylitis
DC 5241Spinal fusion
DC 5242Degenerative arthritis, degenerative disc disease other than intervertebral disc syndrome
DC 5243Intervertebral disc syndrome, only with disc herniation pressing on or irritating the adjacent nerve root

DCs 5235 to 5243 all use the General Rating Formula, and DC 5243 can alternatively use the incapacitating-episode formula. The range-of-motion tiers are in the back pain guide and the neck guide. This page covers the conditions that do not fit neatly, and the ankylosis tiers that sit at the top of the formula.

How scoliosis is rated

The word scoliosis appears in the schedule once, inside the 20% criteria: "muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis." As written, the trigger is the muscle spasm or guarding, with the curve as one example of what severe spasm can cause. The formula has no tier for the size of a curve.

For a condition the schedule does not list, § 4.20 allows rating under a closely related condition whose affected functions, anatomical location, and symptoms are closely analogous, and warns against conjectural analogies. Section 4.27 says an unlisted condition rated by analogy gets a built-up code ending in 99, which for a spine condition would look like 5299. That is the practical answer to "what is the code for scoliosis": it depends on how the rater analogizes it, and the spine tiers then apply.

Spondylosis and spinal arthritis

The schedule has no code named spondylosis. Its closest listed code is DC 5242, degenerative arthritis, and the DC 5242 entry says "also, see either DC 5003 or 5010." Those two codes are the arthritis rules. Under DC 5003, arthritis confirmed by X-ray is rated on limitation of motion under the codes for the joint involved. If that limitation is not compensable, DC 5003 allows a 10% rating for each group of minor joints affected, as long as the limited motion is objectively confirmed by findings such as swelling, muscle spasm, or satisfactory evidence of painful motion. Section 4.45 lists the cervical, dorsal and lumbar vertebrae as groups of minor joints for arthritis ratings. DC 5010 covers post-traumatic arthritis, which it rates as limitation of motion under the affected joint.

DC 5239 covers spondylolisthesis, a vertebra slipping out of line, and segmental instability. DC 5240 covers ankylosing spondylitis, a form of inflammatory arthritis that can fuse the spine. DC 5241 covers spinal fusion. All of them use the same formula, so the measurements still decide the percentage.

Favorable and unfavorable ankylosis

Ankylosis is a spine fixed in place. It sits at the top of the formula, and the schedule splits it into two kinds with very different ratings. Note (5) defines the kinds:

Fixed segmentFavorableUnfavorable
Entire cervical spine (neck)30%40%
Entire thoracolumbar spine (mid and lower back)40%50%
Entire spineNot listed100%

The word "entire" matters, because every ankylosis tier describes an entire segment fixed in place. Short of that, the range-of-motion tiers apply. Under Note (6), the neck and back are rated as separate segments, unless both are unfavorably ankylosed, in which case they are rated as a single disability.

Worked example

Suppose a veteran's entrance exam notes mild scoliosis. During service a lifting injury leaves chronic lower back pain, and years later X-rays show degenerative changes in the lumbar spine. The exam records thoracolumbar forward flexion of 55°, extension of 15°, lateral flexion of 20° to each side, and rotation of 25° to each side. Reading it in order:

  1. Preexisting condition. A condition noted at entry counts as preexisting, so the question is whether service made it worse (§ 3.306), not whether it began in service.
  2. Code. The degenerative changes are rated under DC 5242, with the General Rating Formula.
  3. Rounding. Note (4) rounds each reading to the nearest 5°. These readings are already multiples of 5.
  4. Combined range of motion. 55 + 15 + 20 + 20 + 25 + 25 = 160°. That is greater than 120° and not greater than 235°, the 10% band.
  5. Forward flexion. 55° is greater than 30° and not greater than 60°, the 20% band, which is the higher of the two.

The size of the curve never enters the arithmetic. Only the 20% criterion about severe spasm or guarding mentions it, and the measurements above reach 20% without it. Had the whole thoracolumbar spine instead been fixed at 0°, Note (5) makes that favorable ankylosis, which carries 40%. Fixed bent forward with, for example, difficulty walking because of a limited line of vision, it would be unfavorable ankylosis at 50%.

Born with it, or developed in service

Scoliosis and some other spine conditions can be congenital (present from birth) or developmental (they appear as the body grows). The regulations draw a line here. Section 3.303(c) says congenital or developmental defects "as such are not diseases or injuries within the meaning of applicable legislation," and § 4.9 says the same of "mere congenital or developmental defects." A defect on its own cannot be service connected.

VA's General Counsel drew the line more precisely in VAOPGCPREC 82-90, which originated as General Counsel Opinion 1-85. It holds that service connection may be granted for diseases, but not defects, of congenital, developmental or familial origin. For a disease, the usual question is whether it was aggravated in service. For a defect, the opinion adds that many can be subject to superimposed disease or injury, and if that happens during service, service connection may be warranted for the resulting disability.

Three details decide how this plays out:

Evidence checklist

  1. The entrance exam, the separation exam, and any in-service spine imaging, to show what was noted and when.
  2. Current imaging naming the condition and the segment: cervical, thoracic, or lumbar.
  3. Range-of-motion readings in degrees, plus flare-up and repeated-use estimates.
  4. For a congenital or developmental condition, a medical opinion on whether it is a disease or a defect, and what service added.

Sources

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