Lumbosacral Strain (Legacy DC 5295) — VA Disability Rating
Diagnostic Code 5295 · 38 CFR §4.71a
What Is It?
DC 5295 no longer exists. VA replaced the entire pre-2003 spine schedule effective September 26, 2003 with the General Rating Formula for Diseases and Injuries of the Spine at DCs 5235 through 5243. Appendix A to 38 CFR part 4, which records every amendment to the rating schedule since 1946, states it plainly: DC 5235 "Replaces 5285-5295 September 26, 2003." The current formula is measured in degrees of range of motion, with a separate route through DC 5243 for intervertebral disc syndrome based on incapacitating episodes, and it evaluates any associated objective neurologic abnormality separately under the appropriate neurological code. 38 CFR § 3.951(a) is the provision that answers it: a readjustment to the rating schedule "shall not be grounds for reduction of a disability rating in effect on the date of the readjustment unless medical evidence establishes that the disability to be evaluated has actually improved." Under § 3.951(b), an evaluation continuously held at or above its level for 20 years or more cannot be reduced at all except on a showing of fraud, with the 20 years counted from the effective date of the evaluation. Under § 3.957, service connection in effect for 10 years or more cannot be severed except for fraud or a showing from military records that the person did not have the requisite service or character of discharge. And any reduction at all has to run through § 3.105(e): a written proposal setting out all material facts and reasons, 60 days to submit evidence, and — under § 3.105(i) — 30 days from the notice to request a predetermination hearing. The criteria below are the legacy ones — the criteria your evaluation was actually made under. They are reproduced because that is what a veteran holding this rating needs to be able to read, not because they govern a claim filed today. There is one asymmetry worth knowing before filing for an increase: the claim would be decided under the current General Rating Formula, which is measured in degrees, and the two schedules do not map onto each other cleanly. A veteran at 20 percent under the legacy criteria for muscle spasm on extreme forward bending may or may not reach 20 percent under a formula that asks for forward flexion greater than 30 degrees but not greater than 60. Filing for an increase does not by itself put the existing evaluation at risk — § 3.951(a) and § 3.105(e) both stand — but it is worth measuring your actual range of motion before you file. Lumbosacral strain is injury to the muscles, tendons and ligaments supporting the lower spine, and for veterans it is one of the most common service-connected conditions there is.
Rating Criteria
| Rating | Criteria |
|---|---|
| 40% | Severe lumbosacral strain — listing of the whole spine to the opposite side, positive Goldthwaite's sign, marked limitation of forward bending in the standing position, loss of lateral motion with osteoarthritic changes, or narrowing or irregularity of the joint space, OR some of the above findings with abnormal mobility on forced motion. |
| 20% | Lumbosacral strain with muscle spasm on extreme forward bending, OR loss of lateral spine motion to one side in the standing position. |
| 10% | Characteristic pain on motion of the lumbar spine, without other significant findings. |
| 0% | Lumbosacral strain with slight subjective symptoms only — no objective findings on examination and no functional impairment. |
Evidence Needed
The original rating decision letter establishing the DC 5295 evaluation is the anchor — it locks in the protected status. A current physical examination measuring lumbar range of motion (forward flexion, extension, lateral bending, rotation), checking for muscle spasm, and assessing functional capacity establishes the current state. Lumbar spine X-rays or MRI document any structural changes — degenerative disc disease, narrowed joint spaces, listing of the spine — that support the higher tiers. Service treatment records establishing the in-service back injury and the original treatment history support the protected service connection. If the veteran has been told the VA wants to re-evaluate under the current spine formula, that proposal letter and the basis for it should be reviewed before agreeing to anything.
C&P Exam Tips
For an increase claim under DC 5295, focus on the specific findings in the rating criteria: muscle spasm on extreme bending, lateral motion loss, listing of the spine, Goldthwaite's sign, X-ray evidence of joint space narrowing. These are physical exam findings the examiner should document explicitly. If the examiner only does the modern goniometry-based ROM measurement used for the general spine formula, ask whether the legacy criteria are being evaluated separately — they are different sets of findings. Bring imaging showing structural changes and pain logs documenting flares. Do not consent to a re-evaluation under the current general spine formula unless that formula clearly produces a higher rating for your specific case, because the protection rules favor keeping the legacy rating.
How to File
If you already hold this rating, nothing is required of you and the code being retired is not a reason to act. For an increase, file VA Form 21-526EZ for the lumbar spine condition and expect the current formula: forward flexion of the thoracolumbar spine in degrees, combined range of motion, muscle spasm or guarding severe enough to result in abnormal gait or abnormal spinal contour, and ankylosis at the top. Get goniometer measurements, including after repetitive use. Claim radiculopathy separately — the General Rating Formula directs that any associated objective neurologic abnormality be evaluated separately under the appropriate diagnostic code — and consider DC 5243 if you have physician-prescribed bed rest for intervertebral disc syndrome.
Common Mistakes
Letting a VA examiner perform only the modern goniometry-based exam when the legacy DC 5295 findings have not been evaluated — the result is a lower rating because the legacy criteria measure different things Agreeing to re-evaluation under the current general spine formula without checking whether it produces a higher rating Missing the radiculopathy secondary claim, which is independently ratable from the back condition itself Not understanding that the protected DC 5295 rating cannot generally be reduced after 5 years under 38 CFR §3.951(a), or after 10 years for service-connected status under §3.951(b)
Frequently Asked Questions
Why is DC 5295 still used if it was replaced in 2003?
The 2003 amendment to the spine rating schedule did not retroactively re-rate every existing claim. Veterans rated under the old codes — DC 5285 through 5295 — kept those ratings under the long-standing principle that an existing favorable rating is not reduced by a regulatory change. New claims and reopened claims use the current general spine formula, but the legacy ratings remain on the books for tens of thousands of veterans, and the rating criteria still apply when those veterans file for increase or face proposed reductions.
Should I ask the VA to re-evaluate under the new spine formula?
Usually no, unless you and your representative have confirmed it produces a higher rating in your specific situation. The current general spine formula uses goniometric range-of-motion measurements and combined motion measurements that often produce a similar or lower rating than the legacy code for a given level of disability. The protection rules under 38 CFR §3.951 strongly favor keeping the existing rating, and a re-evaluation that lowers it would normally be barred — but the rules around what counts as a re-evaluation versus a new claim are technical and worth checking with a VSO before proceeding.
Can I file an increase claim and stay under DC 5295?
Yes. An increase claim filed for a condition already rated under DC 5295 is evaluated against the DC 5295 criteria, not the new general spine formula. The examiner should document the specific findings — muscle spasm on extreme bending, lateral motion loss, Goldthwaite's sign, joint space narrowing — and the rater should apply them. If the exam comes back evaluating only modern ROM measurements without addressing the legacy criteria, that is a basis for requesting an adequate examination under 38 CFR §3.159.