EDUCATIONAL TOOL ONLY. Not legal or medical advice. Not affiliated with the VA.
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Spasticity
✓ VERIFIED AGAINST 38 C.F.R.§ 4.124a (Neurological conditions and convulsive disorders) · reviewed 2026-05-15 · ClaimRecon Editorial Team
Spasticity is rated by the U.S. Department of Veterans Affairs under DC 8024 of 38 CFR § 4.124a, DC 8024 across 1 severity tier (0%). Service connection requires (1) a current diagnosis, (2) an in-service event, injury, or exposure, and (3) a medical nexus opinion linking the two under 38 C.F.R. § 3.303.
OVERVIEW
Velocity-dependent increase in muscle tone causing stiffness and movement difficulty due to upper motor neuron damage.
RATING CRITERIA (1 LEVELS)
0%
Spasticity is a manifestation of upper-motor-neuron lesions, not a standalone diagnosis; the appropriate DC depends on the underlying cause. Rate under whichever upstream condition applies: stroke (DC 8008), spinal cord injury (DC 8024 by analogy + § 4.71a + residuals), multiple sclerosis (DC 8018 minimum 30% + residuals), cerebral palsy (DC 8000-series by analogy), traumatic brain injury (DC 8045), or hereditary spastic paraplegia (DC 8024 by analogy). Where spasticity is the predominant standalone manifestation without a separately ratable cause, DC 8024 by analogy applies with severity tiers based on the modified Ashworth scale and functional impact.
KEY EVIDENCE TO GATHER
-Service treatment records showing injury or complaints
-Imaging (X-ray, MRI, CT)
-Range of motion measurements
-Flare-up documentation per Sharp v. Shulkin
-Buddy statements describing limitations
-Prescription history
-Physical therapy records
-Employment impact documentation
C&P EXAM TIPS (6)
1.Do NOT stretch, warm up, or take pain medication before your exam. The VA needs your baseline limitation.
2.Report your WORST day. DeLuca v. Brown requires documentation of functional loss during flare-ups.
3.Tell the examiner about flare-ups: frequency, duration, estimated ROM loss. Sharp v. Shulkin (2017) requires estimates.
4.Request active, passive, weight-bearing, and non-weight-bearing ROM testing per Correia v. McDonald (2016).
5.If you use assistive devices (brace, cane), bring them.
6.Describe daily activity impact: work, sleep, household tasks.
SOURCES & EDITORIAL
Rating criteria text quoted verbatim from 38 C.F.R. § 4.124a (Neurological conditions and convulsive disorders). Source verified 2026-05-15 by ClaimRecon Editorial Team during a regulation-text comparison against the Cornell Law CFR mirror; eCFR.gov is the authoritative government source.
EDUCATIONAL TOOL ONLY. NOT LEGAL OR MEDICAL ADVICE.
NOT AFFILIATED WITH THE U.S. DEPARTMENT OF VETERANS AFFAIRS.
CLAIM RECON 2026