The U.S. Department of Veterans Affairs (the VA) recognizes scoliosis as a service-connected disability that can qualify service members for VA benefits, including monthly compensation. You can receive a VA disability rating for scoliosis between 10% and 100%.
In this post we consider the following topics about scoliosis:
If you have any questions about these or any other aspects of service-connected scoliosis, then call Stone Rose Law at (480) 498-8998 to speak with an experienced veterans benefits attorney.
Scoliosis itself does not have a Diagnostic Code. Instead, it is rated under the General Rating Formula for the Spine (38 C.F.R. § 4.71a), which allows for 0%, 10%, 20%, 30%, 40%, 50%, or 100% depending on range of motion, ankylosis, or neurological complications.
Depending on the severity of your condition and its impact on your overall mobility, the VA will assign one of six disability ratings for service-connected scoliosis: 10%, 20%, 30%, 40%, 50%, or 100%.
This rating applies when you experience any of:
The VA assigns this rating for the following symptoms:
The VA assigns you a 30 percent disability rating when you have 15 degrees or less of forward flexion in your cervical spine, or stiffness and immobility in the entire cervical spine area.
The VA assigns this rating for the following symptoms:
This rating applies to unfavorable ankylosis of your entire thoracolumbar spine that causes the area between the thoracic cage and the lumbar spine to freeze or remain immobile.
This total disability rating applies to an unfavorable ankylosis of your entire spine.
Scoliosis can lead to a spinal condition called intervertebral disc syndrome (IVDS).
For IVDS, the VA defines an incapacitating episode as a period of acute signs and symptoms that requires bed rest prescribed by a doctor. You can receive a disability rating for IVDS of 10%, 20%, 40%, or 60%. The VA should apply your disability rating for a scoliosis or IVDS condition that gives you the highest applicable rating.
If your scoliosis condition prevents you from being able to obtain or keep substantially gainful employment, and you meet certain additional qualifications we discuss below, then you may be able to qualify for total disability benefits even if your scoliosis VA disability rating is not 100%. This is what the VA calls total disability based on individual unemployability, or TDIU.
You can receive TDIU benefits for scoliosis symptoms based on a schedular or extraschedular basis.
Schedular TDIU applies if you cannot obtain substantially gainful employment and you have either of:
If you do not qualify for schedular TDIU for scoliosis, you may still be able to receive total disability benefits if you can show that your scoliosis condition still uniquely hinders your ability to obtain substantially gainful employment.
To make a successful VA disability claim for scoliosis, you must establish a service connection to the condition. You can do this in one of three ways:
Scoliosis can have a primary service connection if it was caused by your military service.
Specifically, you must show the following:
Examples of service-related activities that can lead to scoliosis may include spinal injuries resulting from:
You can establish the direct service connection between the in-service cause of your scoliosis and your current symptoms by providing supporting documentation with your VA disability claim. Examples include:
If you have another VA disability rating that leads to a diagnosis of scoliosis, this can be the basis for scoliosis as a secondary service connection.
Scoliosis can also be a primary disability that leads to other disabilities as secondary claims.
Examples of other VA disabilities that can contribute to a scoliosis secondary connection include:
To establish a secondary service connection, the nexus you must show is between the primary VA disability and the scoliosis condition.
When you have multiple disabling service-connected conditions, the VA does not simply add the individual ratings to reach a combined rating. Instead, the VA uses a formula table to determine what your combined rating should be in a process some call “VA math.” To learn more about how VA combined ratings work, see our VA Disability Calculator.
An existing scoliosis condition does not necessarily preclude you from entering military service. If an in-service event, illness, or disability makes your existing scoliosis worse, then this worsened condition can become the basis for a VA disability claim.
If you had scoliosis before enlisting, then it is important to document the condition at your time of entry. Having this diagnosis in your medical records can be key in showing that the worsening of your scoliosis is service connected.
After you file your scoliosis disability benefits claim, the VA may require you to undergo a C&P exam.
The purpose of this exam is to give the VA a chance to gather more information about the nature of your claim, so it can decide whether to assign a disability rating for scoliosis to you and what disability rating that should be.
A VA examiner will conduct your C&P exam. The exam includes a medical evidence records review, the VA examining physician asking you some questions about your scoliosis symptoms and how they are affecting you, and a physical examination. Often, the VA examiner will use one of the DBQ forms we refer to above during the conduct of the C&P exam.
A DBQ prepared by your treating physician can also be part of your initial benefits claim package.
When the C&P exam is complete, the VA examiner will prepare a report for the VA. You are entitled to a copy of this report that you or your VA benefits attorney can obtain.
Attending a scheduled C&P exam is essential. If you miss the exam for no good reason, this will negatively affect your claim and may result in a claim denial by the VA.
Sometimes the VA will not approve an initial claim for scoliosis. This can happen because of an incomplete claim, a lack of sufficient supporting evidence, or the VA making an error in processing your claim.
If the VA does not approve your claim, then you have three appeal options to revive it.
The purpose of a supplemental claim is to give the VA new and relevant evidence to bolster your initial claim, in an attempt to overcome a denial based on a lack of sufficient evidence or an incomplete claim.
If you believe that the VA has mistakenly denied your claim, a higher-level review can give a senior VA examiner the opportunity to go over your claim again.
If you have tried a supplemental claim or requested a higher-level review and the VA is still denying your claim, then you can make an appeal to the Board of Veterans Appeals. In this formal appeal, you will have a hearing before a VA law judge who will review your claim and any new supporting evidence you present.
Scoliosis describes a spinal column that has developed a twist or a curve.
Unlike kyphosis, which is a condition that causes the spine to curve forward in a slouch or “hunchback” position, scoliosis causes the spine to curve in a way that affects its ability to keep a straight vertical line.
This curvature can take a “C” form to the left (levoscoliosis) or to the right (dextroscoliosis), or be in an “S” form. These curves can occur in your upper, middle, or lower spine.
Medical professionals classify scoliosis into four types.
This kind of scoliosis happens because of a cause that occurs before birth.
This is also known as adult-onset scoliosis. It is caused by aging and wear and tear on your body.
This kind of scoliosis has no obvious cause, but usually occurs during adolescence.
Scoliosis of this type is often the result of a disease or trauma. It can also be associated with cerebral palsy, muscular dystrophy, and spina bifida.
This type of scoliosis is the one most commonly associated with VA disability claims. The circumstances of your military service that can lead to neuromuscular scoliosis include:
In some cases your scoliosis condition can be a pre-existing condition when you enter military service, and the conditions of your service can worsen it. This is known as aggravation, and can be the basis of a VA disability rating for scoliosis.
Scoliosis can manifest multiple other symptoms. These include:
Scoliosis symptoms can also include “flare-ups.” These are sudden, acute increases in the severity of your symptoms that can be severe enough to be incapacitating. Flare-ups can worsen your scoliosis condition to the point where they can affect the VA disability rating for scoliosis that you receive, especially if they result in your range of motion becoming more limited.
As you may imagine, these symptoms can make it hard or impossible to find or keep gainful employment and can make even simple life activities challenging or impossible to engage in. This is why a service-connected scoliosis condition can qualify you to receive VA benefits.
Although it is possible to prepare and submit your VA benefits claim by yourself, having an experienced VA benefits lawyer to assist with its preparation can help you in meaningful ways:
At Stone Rose Law, we are board-certified VA claims lawyers who help veterans receive VA disability benefits nationwide. Our VA-accredited attorneys give you affordable, high-quality legal assistance with VA disability claims, including claims for scoliosis.
A Stone Rose Law VA disability lawyer can help you prepare your disability claim, monitor your claim status, and consult with you before disability examinations at no cost to you.
If the VA denies your original claim, our VA benefits law firm will help you respond effectively, up to making a formal request for a hearing with the Board of Appeals if necessary.
For more information about how one of our VA disability lawyers can help you with your VA disability compensation claim or appeal, request a free case evaluation consultation at (480) 498-8998 or use our contact form.
