Spondylolisthesis or segmental instability
The VA rates Spondylolisthesis or segmental instability under Diagnostic Code 5239 across 6 severity levels, from 10% to 100%. At 100%, veterans receive $3939/month or more in compensation.
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%
Part 4 rating schedule
None mapped
What are the VA rating criteria for Spondylolisthesis or segmental 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”
Common Questions About Spondylolisthesis or segmental instability VA Ratings
What is the VA rating range for Spondylolisthesis or segmental instability?
The VA rates Spondylolisthesis or segmental 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 segmental instability?
The VA rates Spondylolisthesis or segmental instability under Diagnostic Code (DC) 5239, governed by 38 CFR 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 segmental 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 segmental instability qualify for TDIU?
Yes — a 100% rating for Spondylolisthesis or segmental 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 segmental instability?
The key evidence for Spondylolisthesis or segmental 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 segmental 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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