DVA Claims

Cervical Spondylosis Secondary to Obesity: DVA Secondary Claim

14 May 202610 min readLuke Martin

Cervical spondylosis secondary to obesity follows the same obesity cascade as lumbar spondylosis, with one important clarification: the Cervical Spondylosis SoP does not contain a posture-compensation or secondary spinal condition factor. Veterans who assume they can claim cervical spondylosis secondary to lumbar spondylosis through altered posture will find that pathway does not exist. The obesity pathway is the viable secondary claim route.

The SoP factor

The Cervical Spondylosis SoP No. 11 of 2023 (Reasonable Hypothesis) contains factor 9(15): being obese (BMI 30 or greater) for a continuous period of at least ten years within the 25 years before the clinical onset of cervical spondylosis. The Balance of Probabilities version is SoP No. 12 of 2023.

The mechanism: sustained obesity increases compressive and tensile loading on the cervical spine, accelerates disc degeneration, and promotes facet joint arthritic changes. The 10-year requirement reflects the time needed for sustained mechanical loading to produce clinically significant structural changes.

Why the lumbar-to-cervical secondary pathway doesn't exist

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A question that comes up frequently: can cervical spondylosis be claimed secondary to lumbar spondylosis, on the basis that compensatory posture from the lumbar condition places excess load on the cervical spine? The answer is no — the Cervical Spondylosis SoP does not contain a factor for postural compensation from lumbar pathology. The RMA has not incorporated that clinical theory into the current instrument.

This means the obesity pathway is the primary available route for secondary cervical spondylosis claims where the veteran does not have a primary cervical trauma or load-bearing service claim.

Building the evidence chain

Link 1: Accepted injury reduces physical activity

Documented through medical records confirming the accepted condition limited exercise or weight-bearing activity.

Link 2: Sustained obesity for 10+ years

BMI of 30 or greater continuously for at least 10 years, established through GP records across the relevant period.

Link 3: Obesity causes cervical spondylosis

Imaging confirming cervical spondylosis (X-ray, MRI, or CT), and ideally a spine surgeon or rheumatologist report addressing the relationship between sustained obesity and cervical spine degeneration.

Claiming both lumbar and cervical spondylosis through the obesity cascade

If the same 10-year obesity period satisfies both the lumbar spondylosis factor (SoP No. 13 of 2023 factor 9(14)) and the cervical spondylosis factor (SoP No. 11 of 2023 factor 9(15)), both can be claimed from the same primary accepted injury through the same obesity cascade. Each has its own GARP M assessment under Chapter 9 and contributes impairment points independently.

Frequently asked questions

Can I claim both lumbar and cervical spondylosis secondary to obesity from the same accepted injury?

Yes. Each has its own SoP and impairment assessment. If the same obesity cascade satisfies both, both can be claimed, and each contributes impairment points independently.

I have lumbar spondylosis accepted as a primary condition. Can I claim cervical spondylosis secondary to it?

No. The Cervical Spondylosis SoP does not contain a factor for lumbar spondylosis or postural changes it causes. The obesity pathway is the primary available route for secondary cervical spondylosis claims where no primary cervical trauma or service exposure claim exists.

My neck pain followed a whiplash-type injury during service. Is that a primary claim instead?

If cervical spondylosis developed following a discrete traumatic neck injury during service, that is more likely a primary claim under the trauma or physical force factors in the SoP. This article covers the obesity secondary pathway for veterans whose primary claim anchor is an injury elsewhere that caused reduced mobility and weight gain.

What if my BMI fluctuated around 30 over the 10-year period?

The factor requires a continuous period. Fluctuations that break the continuity below 30 are potentially problematic. A careful review of the specific GP records with an advocate is needed to assess whether the continuity threshold is met.

This article provides general information about DVA cervical spondylosis secondary claims via the obesity pathway. It is not medical or legal advice. SoP factors are subject to change. For advice specific to your accepted conditions, book a free consultation with Clear Path Veterans.

Luke Martin

Luke Martin

Co-Founder · 12 years Royal Australian Navy

About Luke →

The information in this article is general in nature and does not constitute legal, medical, or financial advice. Clear Path Veterans Pty Ltd (ABN 78 690 447 879) is not a law firm and our team are not registered legal practitioners. Individual circumstances vary and outcomes depend on the specific facts of each case. For personalised advice, book a free consultation or speak with a qualified advocate.

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