Following are the diagnostic codes for rating the spine:
With or without symptoms such as pain (whther or not it
radiates), stiffness, or aching in the area of the spine
affected by residuals of injury or disease
Unfavorable ankylosis of the entire spine 100%
Unfavorable ankylosis of the entire thoracolumbar spine 50%
Unfavorable ankylosis of the entire cervical spine; or, 40%
forward flexion of the thoracolumbar spine 30 degrees or
less; or, favorable ankylosis of the entire thoracolumbar
spine
Forward flexion of the cervical spine 15 degrees or less; 30%
or, favorable ankylosis of the entire cervical spine
Forward flexion of the thoracolumbar spine greater than 20%
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
Forward flexion of the thoracolumbar spine greater than 10%
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 (1): Evaluate any associated objective neurologic
abnormalities, including, but not limited to, bowel or
bladder impairment, separately, under an appropriate
diagnostic code.
Note (2): (See also Plate V.) For VA compensation
purposes, normal forward flexion of the cervical spine is
zero to 45 degrees, extension is zero to 45 degrees, left
and right lateral flexion are zero to 45 degrees, and
left and right lateral rotation are zero to 80 degrees.
Normal forward flexion of the thoracolumbar spine is zero
to 90 degrees, extension is zero to 30 degrees, left and
right lateral flexion are zero to 30 degrees, and left
and right lateral rotation are zero to 30 degrees. The
combined range of motion refers to the sum of the range
of forward flexion, extension, left and right lateral
flexion, and left and right rotation. The normal combined
range of motion of the cervical spine is 340 degrees and
of the thoracolumbar spine is 240 degrees.The normal
ranges of motion for each component of spinal motion
provided in this note are the maximum that can be used
for calculation of the combined range of motion.
Note (3): In exceptional cases, an examiner may state
that because of age, body habitus, neurologic disease, or
other factors not the result of disease or injury of the
spine, the range of motion of the spine in a particular
individual should be considered normal for that
individual, even though it does not conform to the normal
range of motion stated in Note (2). Provided that the
examiner supplies an explanation, the examiner's
assessment that the range of motion is normal for that
individual will be accepted.
Note (4): Round each range of motion measurement to the
nearest five degrees.
Note (5): For VA compensation purposes, unfavorable
ankylosis is a condition in which the entire cervical
spine, the entire thoracolumbar spine, or the entire
spine is fixed in flexion or extension, and the ankylosis
results in one or more of the following: difficulty
walking because of a limited line of vision; restricted
opening of the mouth and chewing; breathing limited to
diaphragmatic respiration; gastrointestinal symptoms due
to pressure of the costal margin on the abdomen; dyspnea
or dysphagia; atlantoaxial or cervical subluxation or
dislocation; or neurologic symptoms due to nerve root
stretching. Fixation of a spinal segment in neutral
position (zero degrees) always represents favorable
ankylosis.
Note (6): Separately evaluate disability of the
thoracolumbar and cervical spine segments, except when
there is unfavorable ankylosis of both segments, which
will be rated as a single disability.
5235 Vertebral fracture or dislocation
5236 Sacroiliac injury and weakness
5237 Lumbosacral or cervical strain
Ir looks from your description that the VA's 40% rating is not necesarily wrong, but make sure the examination report contains comments on your fatiguability, etc. in accordance with the DeLuca case.
Alex