The VA offers disability benefits for a variety of back and spinal conditions connected to or aggravated by military service. One of those conditions is scoliosis, which is rated under the VA’s General Rating Formula for Diseases and Injuries of the Spine between 10% and 100%.
If you have scoliosis you believe was caused by your military service or made worse due to the physically strenuous nature of your service, you may be eligible for disability payments from the VA.
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In this article about the VA rating for scoliosis:
What is scoliosis?
Scoliosis is a condition that causes the spine to curve. Those diagnosed with scoliosis will often have spines that resemble an “S,” “C,” or even a “Z” shape rather than a straight line down their back.
Scoliosis can be mild, moderate, or severe. Symptoms of this condition may include:
- Uneven shoulders, hips, or ribs
- Back pain
- Abnormalities on the skin over the spine like patches of hair, dimples, etc.
- Body leans to the side
- Difficulty breathing
Types of scoliosis
Scoliosis is often categorized based on when it starts or its cause.
Some people are born with scoliosis, which is called congenital scoliosis.
Others develop it later in life due to spinal cord trauma, atrophy, or other conditions of the muscular or neurological systems. This is referred to as neuromuscular scoliosis.
Degenerative scoliosis is also known as adult-onset scoliosis and is related to aging and wear and tear on the body.
Finally, the fourth and most common category of scoliosis is idiopathic scoliosis. This type has no known cause and typically develops around the time adolescents are experiencing puberty and growth spurts.
Scoliosis may also be categorized based on the direction the spine curves. For example, with levoscoliosis, the spine will curve to the left, typically making a “C” shape. With dextroscoliosis, the spine will curve to the right, usually making a backward “C” or “S.” These curves may be in the upper, middle, or lower portion of the spine.
Scoliosis is not to be confused with kyphosis, a similar condition that causes an abnormal curvature of the spine. However, kyphosis causes the spine to round forward rather than sideways, creating a slouch or hunchback.
Service connecting scoliosis
If you are a veteran with scoliosis, you may qualify for a scoliosis VA rating.
To prove your scoliosis was caused by your service, you would first need to first show you have scoliosis, ideally through a formal diagnosis.
The next step would be getting a medical nexus to show there is a link between your service and your scoliosis. This could either indicate a direct or secondary connection.
In the case of direct connections, one example would be showing you experienced spinal trauma during your service that could cause neuromuscular scoliosis.
In the case of a secondary connection, there may be another condition that you can service connect that has led to you developing scoliosis. Some examples include degenerative disc disease (DDD) and cerebral palsy, which have both been linked to scoliosis. Therefore, if you have DDD that has already been service connected or can be service connected, and the condition has led to you developing an unnatural curvature of your spine, you could be eligible for scoliosis VA benefits.
Scoliosis aggravated by military service
If an individual has scoliosis prior to enlisting in the military, it would be important to have that documented at the time of entry. Having this diagnosis in your medical records, along with information about any incidents that may have caused repeated unnatural curving of the spine during service, could be key in showing the worsening of your scoliosis is service connected. This is important as scoliosis can naturally get worse as a person ages. You would want to show your service played a role in the unnatural progression of your scoliosis.
Conditions secondary to scoliosis
Another thing to consider if you have service-connected scoliosis is the other conditions that can arise as a result of scoliosis. Scoliosis has been linked to spinal stenosis and arthritis in the spine. If you are experiencing spinal arthritis or stenosis and have scoliosis, you may want to discuss further with a healthcare provider. This would also be worth talking about at a VA claim exam, also known as a C&P exam.
Scoliosis VA disability rating and benefits
Veterans may be eligible to receive VA disability benefits for scoliosis if the condition was caused or aggravated by their service. It may also be possible to receive benefits if a veteran has scoliosis that is caused by another service-connected condition.
Scoliosis is rated under the VA’s General Rating Formula for Diseases and Injuries of the Spine in the Schedule of Ratings. The rates are based on an individual’s range of motion rather than their pain level. At a compensation and pension (C&P) exam, your range of motion in both your cervical and thoracolumbar spine will be considered. You can see the typical form that is used in C&P exams for scoliosis here.
| Description | VA Rating |
|---|---|
| Unfavorable ankylosis (stiffening and immobility) of the entire spine | 100% |
| Unfavorable ankylosis of the entire thoracolumbar spine (from the neck down to the rib cage) | 50% |
| Unfavorable ankylosis of the entire cervical spine (neck region); OR, forward flexion of the thoracolumbar spine 30 degrees or less; OR, favorable ankylosis of the entire thoracolumbar spine | 40% |
| Forward flexion (the ability to bend) of the cervical spine 15 degrees or less; OR, favorable ankylosis (fixed in a neutral position) of the entire cervical spine | 30% |
| Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; OR, forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees; OR, the combined range of motion of the thoracolumbar spine not greater than 120 degrees; OR, the combined range of motion of the cervical spine not greater than 170 degrees; OR, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis | 20% |
| Forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees; OR, forward flexion of the cervical spine greater than 30 degrees but not greater than 40 degrees; OR, combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees; OR combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees; OR, muscle spasm, guarding, or localized tenderness not resulting in abnormal gait or abnormal spinal contour; OR, vertebral body fracture with loss of 50% percent or more of the height | 10% |
If you struggle to work due to your scoliosis or other related back and spinal conditions, you may choose to apply for total disability based on individual unemployability (TDIU) through the VA. TDIU pays at the same rate as a 100% disability because the VA acknowledges your conditions keep you from maintaining gainful employment.
TDIU requires you to have at least one service-connected disability rated at least 60% or two or more service-connected disabilities, with at least one disability rated at 40% or more, and with a combined total rating of 70% or more. If your limited range of motion or back pain prevents you from working, you may consider applying for TDIU.
“The firm got me to 70%, and I was happy. Individual unemployability was awarded to me and to this day, I’m so grateful. My future is no longer bleak. These people work very hard for you.”
R.C., a Navy veteran in Hawaii
How Woods and Woods can help
Woods and Woods has helped thousands of veterans across the country fight for the disability benefits they deserve, particularly those who find it difficult to stay employed due to their condition. We charge no upfront fees—you’ll only pay us a portion of your back pay if we win your case.
If you are feeling lost on where to start with your disability application or struggling through the cycle of appeals and rejections, we want to help. Contact us today for your free consultation.
Talk to Us About Your Claim:
(812) 426-7200
FREQUENTLY ASKED QUESTIONS
Yes. Veterans with scoliosis that developed before or after their military service may be eligible for disability benefits, as long as they can prove the condition was made worse or caused by their service.
Yes, in certain mild to moderate cases of scoliosis, a person can still enter the U.S. Armed Forces. You would want to make sure your existing diagnosis of scoliosis is discussed and documented at entry. If it is not, it would likely be more difficult to claim your service aggravated the condition and to receive benefits.
Neil Woods
VA disability attorney
Woods & Woods
Neil Woods is the firm’s owner and president. He received his law degree from Western Michigan University.
