DDD of the back or neck is rated mainly on how much motion you've lost, not on what your MRI says. Here is the actual formula, in plain language, and the parts of it most veterans never get shown.
"Degenerative arthritis, degenerative disc disease other than intervertebral disc syndrome (also, see either DC 5003 or 5010)."
| Rating | Criteria (any one qualifies) |
|---|---|
| 10% | Forward flexion greater than 60° but not greater than 85°; or combined range of motion greater than 120° but not greater than 235°; 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 height. |
| 20% | Forward flexion greater than 30° but not greater than 60°; or combined range of motion not greater than 120°; or muscle spasm or guarding severe enough to cause abnormal gait or abnormal spinal contour (such as scoliosis, reversed lordosis, or abnormal kyphosis). |
| 40% | Forward flexion 30° or less; or favorable ankylosis of the entire thoracolumbar spine. |
| 50% | Unfavorable ankylosis of the entire thoracolumbar spine. |
| Rating | Criteria (any one qualifies) |
|---|---|
| 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 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 abnormal gait or abnormal spinal contour (such as scoliosis, reversed lordosis, or abnormal kyphosis). |
| 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 (neck and low back both fixed).
If your flexion measured better than the 10% line on imaging-confirmed DDD, that is not the end of your claim. File anyway.
Tell the examiner about your flare-ups. Ask that flare-up range of motion be written down.
Ankylosis means the spine is fixed — it will not bend — in that section. VA's definition: the entire cervical spine, the entire thoracolumbar spine, or the entire spine is fixed in flexion or extension, and that fixation causes one or more of: difficulty walking from a limited line of vision; restricted opening of the mouth and chewing; breathing limited to diaphragmatic respiration; gastrointestinal symptoms from pressure of the costal margin on the abdomen; dyspnea or dysphagia; atlantoaxial or cervical subluxation or dislocation; or neurologic symptoms from nerve root stretching.
Fixation at zero degrees (neutral position) always counts as favorable ankylosis.
If DDD affects both your neck and your low back, you get two separate ratings — one for the cervical spine, one for the thoracolumbar spine — combined together under 38 CFR 4.25. The two tables above are not either/or if both parts of your spine are affected. That is money a veteran leaves on the table by assuming one rating covers the whole spine.
| Rating | Incapacitating episodes, past 12 months |
|---|---|
| 10% | At least 1 week, less than 2 weeks total |
| 20% | At least 2 weeks, less than 4 weeks total |
| 40% | At least 4 weeks, less than 6 weeks total |
| 60% | 6 weeks or more total |
If IVDS affects more than one part of your spine with clearly distinct effects in each, each part is rated by whichever method gives the higher number for that part, then the two ratings are combined.
An accredited Veterans Service Organization (VSO) representative helps you file for free. An accredited attorney or claims agent may only charge a fee after VA issues its initial decision on the claim — up to 20% of past-due benefits is presumed reasonable under 38 CFR 14.636. You never have to pay anyone up front to file a claim.