Spondylolisthesis or spinal instability
The VA rates Spondylolisthesis or spinal instability under Diagnostic Code 5239 across 6 severity levels, from 10% to 100%. The applicable level depends on the full criteria and the evidence for the condition. These percentages are alternatives, not amounts to add together.
Catalog name: Spondylolisthesis or segmental instability.
Rating schedule · DC 5239 at a glance
- Minimum rating
- 10%
- Maximum rating
- 100%
- Rating tiers
- 6
- CFR section
- § 4.71a
- Body system
- Musculoskeletal System
- Secondary conditions
- 0
Lowest schedular rating available
Full schedular disability
10%, 20%, 30%, 40%, 50%, 100%
Where this code is published
None mapped
What are the VA rating criteria for Spondylolisthesis or spinal instability?
| Rating | Criteria |
|---|---|
| 10% | 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 Note: Via (For diagnostic codes 5235 to 5243 unless 5243 is evaluated under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes): |
| 20% | 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 Note: Via (For diagnostic codes 5235 to 5243 unless 5243 is evaluated under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes): |
| 30% | Forward flexion of the cervical spine 15 degrees or less; or, favorable ankylosis of the entire cervical spine Note: Via (For diagnostic codes 5235 to 5243 unless 5243 is evaluated under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes): |
| 40% | Unfavorable ankylosis of the entire cervical spine; or, forward flexion of the thoracolumbar spine 30 degrees or less; or, favorable ankylosis of the entire thoracolumbar spine Note: Via (For diagnostic codes 5235 to 5243 unless 5243 is evaluated under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes): |
| 50% | Unfavorable ankylosis of the entire thoracolumbar spine Note: Via (For diagnostic codes 5235 to 5243 unless 5243 is evaluated under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes): |
| 100% | Unfavorable ankylosis of the entire spine Note: Via (For diagnostic codes 5235 to 5243 unless 5243 is evaluated under the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes): |
“Unfavorable ankylosis of the entire cervical spine; or, forward flexion of the thoracolumbar spine 30 degrees or less; or, favorable ankylosis of the entire thoracolumbar spine”
What other musculoskeletal conditions does the VA rate?
These diagnostic codes sit next to Spondylolisthesis or spinal instability in 38 CFR Part 4. The rating schedule is ordered anatomically, so neighbouring codes usually cover the same joint, organ, or system, and a claim often involves more than one of them.
- 5230Ring or little finger, limitation of motion
- 5235Cervical StrainRated up to 100%
- 5236Sacroiliac injury and weaknessRated up to 100%
- 5237Lumbosacral or cervical strainRated up to 100%
- 5238Spinal stenosisRated up to 100%
- 5240Ankylosing spondylitisRated up to 100%
- 5241Spinal fusionRated up to 100%
- 5243Intervertebral Disc Syndrome (IVDS)Rated up to 100%
- 5244Traumatic paralysis, completeRated up to 60%
- 5250Hip, ankylosis ofRated up to 70%
What to do with a Spondylolisthesis or spinal instability rating
The tools, regulations and guides that pick up where the criteria above leave off.
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Common Questions About Spondylolisthesis or spinal instability VA Ratings
What is the VA rating range for Spondylolisthesis or spinal instability?
The VA rates Spondylolisthesis or spinal instability under Diagnostic Code 5239 at 10%, 20%, 30%, 40%, 50%, 100%. The minimum 10% rating requires: 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. The maximum 100% rating requires: Unfavorable ankylosis of the entire spine.
Which 38 CFR diagnostic code does the VA use for Spondylolisthesis or spinal instability?
The VA rates Spondylolisthesis or spinal instability under Diagnostic Code (DC) 5239, published in 38 CFR § 4.71a. The diagnostic code establishes the specific rating tiers and severity criteria the VA examiner applies.
What is the difference between a 10% and a 100% rating for Spondylolisthesis or spinal instability?
A 10% rating requires: 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. A 100% rating requires: Unfavorable ankylosis of the entire spine. The difference typically reflects the frequency, severity, or functional impact of the condition as documented in medical records and C&P examination findings.
Can Spondylolisthesis or spinal instability qualify for TDIU?
Yes, a 100% rating for Spondylolisthesis or spinal instability alone meets the single-disability threshold for TDIU (38 CFR § 4.16). If the condition prevents substantially gainful employment, the veteran is compensated at the 100% rate without a schedular 100% rating.
What evidence supports a higher rating for Spondylolisthesis or spinal instability?
The key evidence for Spondylolisthesis or spinal instability is documentation of how the condition affects daily functioning. For musculoskeletal conditions, range of motion measurements (active, passive, weight-bearing, and non-weight-bearing per Correia v. McDonald) and flare-up documentation are critical. A nexus letter from a qualified medical professional linking the current severity to service is essential for contested claims.
What happens at the C&P exam for Spondylolisthesis or spinal instability?
The C&P examiner uses a Musculoskeletal System DBQ and evaluates your condition against the DC 5239 rating criteria. Expect range of motion testing in multiple positions. Under Correia v. McDonald, the examiner must test active, passive, weight-bearing, and non-weight-bearing range of motion. Report your worst flare-up symptoms. If you cannot attend during a flare, request the exam be rescheduled.
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