Understanding Spinal Ratings: The Rule of ROM and VA Assessments
Regarding veterans' spinal disability ratings, a crucial concept to grasp is the "Rule of ROM," or Range of Motion. This principle is central to how the VA (Veterans Affairs) assesses and determines ratings for spine-related disabilities, whether it involves the cervical spine (neck) or the thoracolumbar spine (mid and lower back). The primary tool used in this assessment during Compensation and Pension (C&P) exams is the goniometer, which measures the angle of spinal flexion and extension.
Why Regular Reassessment is Key
Spinal conditions can deteriorate over time. If you were rated at 10% years ago and haven't had a reassessment, your condition is likely to have worsened. Veterans often don't need to realize that they might qualify for a higher rating if they file for a reassessment. Remember, you won't get one if you don't ask for an increase.
Spinal Anatomy and VA Ratings
The spine is divided into several segments:
Cervical (C1-C7): Neck
Thoracic (T1-T12): Upper and mid-back
Lumbar (L1-L5): Lower back
Each section is rated based on specific criteria laid out in 38 CFR Part 4, the regulatory framework used by the VA to assign disability ratings.
How the VA Rates Spinal Conditions
Here's a simplified breakdown of the VA's rating criteria:
100%: Ankylosis (complete immobility) of the entire spine.
50%: Ankylosis of the entire thoracolumbar spine.
40%: Severe conditions such as unfavorable ankylosis of the entire cervical spine or forward flexion of the thoracolumbar spine 30 degrees or less.
20%: Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60, or when the combined range of motion is not greater than 120 degrees.
10%: Forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85, and the combined range of motion is more significant than 120 degrees but not greater than 235 degrees.
Practical Tips for Veterans
Understand Your Current Rating: Know the specifics of your spine's functionality and how it matches the VA's criteria.
Document Your Condition: During C&P exams, ensure that the measurements taken with a goniometer are accurate. Misalignments in measurement can lead to inaccurate ratings.
Recognize Limiting Factors: These include pain or physical restrictions like muscle spasms, which can limit your range of motion.
File for Reevaluation If Necessary: If your spinal condition has worsened, filing for a reassessment could increase your rating.
Conclusion
For veterans dealing with spinal issues, understanding the detailed criteria used by the VA can be a game-changer in managing your disability rating. Regular reassessment, accurate measurements during exams, and a proactive approach to managing your condition are crucial in ensuring you receive the compensation you deserve. Remember, it's your body, claim, and right to provide your rating that accurately reflects your condition.
ReferenceÂ
Cervical Spinal Stenosis Disability Rating | Back Pain Hero. https://backpainhero.com/cervical-spinal-stenosis-disability-rating/
Comments