#11. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC)so you can increase your rating FAST! #4. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. First, you need to know that the VA will not automatically give you a 100% disability rating just because youve had spinal fusion surgery. Lay statements come from family members or the veteran themselves, and simply detail more information about how the veterans daily life is affected by the disability. How to Get a 100 Percent VA Rating (if deserved)! Pain in the neckor cervicalgiais recognized by VA as a disability that should be compensated if caused by military service. Feel free to call us at (866) 232-5777 anytime. All Rights Reserved. The reality of that math (thank goodness it isnt VA Math!) VA disability ratings for back pain go from 10% to 100% depending on how severe your symptoms are, including your range of motion and pain frequency and level. Combat and deployment do not factor into this decision, so even car wrecks that happen on leave are considered viable. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 VA Ratings for Spondylosis. Neck conditions typically affect the cervical spine, which consists of seven bones (vertebrae) that are separated by intervertebral discs. Intervertebral disc syndrome is a common cause of back pain. Your back can even go into an abnormal contour, which simply means its bending in ways it isnt supposed to. If you are a veteran with a spinal fusion, you may wonder if you can get a service connection for your disability. If there is no diagnosis, a veteran will still need to show VA that connection. As your backbones bang together, pieces can chip off and cause even more pain and problems. Its crucial to note any discomfort or pain in the area that may have existed before your enrollment because your service may have significantly worsened or reinjured a prior injury. What is the VA Disability Rating for Neck Pain? VA Disability Ratings for Back Pain Explained (The Definitive Guide) Neck Pain is the #5 most claimed VA disability. Any sorts of spine surgery while in the service, injuries that affected your back like falls or impacts, and events like car wrecks can all point to spine and back service-connected injuries. Back pain typically refers to injuries in the lower half of the spine or the thoracolumbar section. This can all be amplified by long caravans on bumpy roads, carrying 100 pounds of the worlds lightest equipment every day. The examiner should provide the estimated range of motion based on a review of all procurable information to include the Veterans statement on examination, case-specific evidence (to include medical treatment records when applicable and lay evidence), and the examiners medical expertise. General Rating Formula for Diseases and Injuiries of the Spine. The courts further likened the reasonable doubt rule as akin to the principle in baseball that the tie goes to the runner.. The important part is that the veteran proves the pain is not merely subjective. What Should I Expect at a C&P Exam for Neck Pain? Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 If accepted into our ELITE membership program, youll get free up-front access and permission to use $13,119 worth of proprietary VA claim resources, including access to our network of independent medical professionals for medical examinations, disability evaluations, and credible Medical Nexus Letters, which could help you get a HIGHER VA rating in LESS time. The VA only gives a 50% rating if you have unfavorable ankylosis of the entire thoracolumbar spine. First, You will need a current diagnosis for a spinal condition that necessitates spinal fusion as treatment. The Back and Spine - Military Disability Made Easy From a VA disability perspective, this can help you get a permanent rating. VA Disability Benefits for Spondylosis | CCK Law The more you are immobilized, the more your VA rating will increase. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! At VA Claims Insider, were here to walk you through everything you need to know, including how to file your VA claims. According to Spine Health, signs and symptoms of Neck Pain include: To be eligible for a VA rating for neck and shoulder pain, a veteran must meet three (3) criteria by law: If you think you have a neck condition, but dont have a medical diagnosis,pick-up the phone and call the VA health facility nearest youto make an appointment right away! Dear Veteran, Heres the brutal truth about VA disability claims: According to our data, 8/10 (80%) of veterans reading this message right now are underrated by the VA. This occurs when a veteran is unable to perform with the same strength and endurance as before the condition. Veterans are not awarded compensation for neck issues that were present at one time but have since healed or gone away. Share with: Link: Copy link. This injury can even require surgery to relieve the pain. or, forward flexion of the cervical spine greater than 30 degrees but not greater than 40 degrees; . How to Get Disability for Spinal Fusion (Updated for 2023) By joining the vertebrae, the surgeon can stabilize the spine and take pressure off the nerves. For example, the following Diagnostic Codes (DC) from 38 CFR, Part 4, Schedule for Rating Disabilities apply: These six neck and back conditions can often lead to pinched or damaged nerve roots, which can cause significant pain known as Radiculopathy. Unfavorable ankylosis of the entire thoracolumbar spine. Other Conditions That Come With Fused Vertebrae The reasonable doubt rule, means that the evidence provided by the claimant/beneficiary (or obtained on his/her behalf) must only persuade the decision maker that each factual matter is at least as likely as not.. Your diagnosis and rating may not be permanent, since you may be able to gain movement again with physical therapy or surgery, but you can at least get awarded for 5-10 years before being called for a review. Surgeries, such as spinal fusion, discectomy, and laminectomy; . For example, if you also have arthritis, the VA might factor that into your rating. VA Ratings for Intervertebral Disc Syndrome - Hill & Ponton, P.A. If youre only 45 years old but it feels as though your neck is 80, it may be beneficial to speak with a doctor about applying for a VA disability rating. It also means that every few years you should check with the VA to see if you can get an increased rating. Dealing with back and spine ailments are hugely detrimental to ones quality of life, and spinal fusion could be a potential solution to some of those symptoms. Currently, VA rates neck pain severity on the following values: 0% rating Forward flexion of the cervical spine over 40 degrees, 10 % rating Forward flexion of the cervical spine over 30 degrees, but less than or equal to 40 degrees; or a combined range of motion of the cervical spine above 170 degrees but not causing abnormal spine contour or abnormal gait, 20% rating Forward flexion of the cervical spine over 15 degrees, but less than or equal to 30 degrees; or a combined range of motion of the cervical spine above 170 degrees, 30% rating Forward flexion of the cervical spine less than or equal to 15 degrees; or favorable ankylosis of the entire cervical spine, which occurs when the spine is stuck, but in a position that does not heavily interfere with an individuals daily activities, 40% rating Unfavorable ankylosis of the entire cervical spine, which occurs when the spine is stuck in a position that makes daily activities extremely difficult, 50% rating NOT APPLICABLE to the cervical spine, only assigned to individuals with unfavorable ankylosis of the entire thoracolumbar spine, 100% rating Unfavorable ankylosis of the ENTIRE spine. You can enlist the help of an attorney or disability advocate. (cervical) part of the . Forward flexion of the thoracolumbar spine up to 85 or of the cervical spine up to 40 OR the combined range of motion at 120-235 for thoracolumbar or 170-335 for cervical. They keep you informed. Use our VA disability calculator to estimate your combined VA rating and monthly payment. The VA will evaluate your condition based on several factors, including the severity of your symptoms, the extent of your disability, and your ability to perform daily activities. Youll bend forward and backward as well as side to side, and every measurement matters. Some examples of cervical conditions that are rated under this code include the following: Diagnostic Code 5237 Cervical Strain A torn tendon or muscle in the neck, Diagnostic Code 5238 Cervical Spine Stenosis The spinal canal narrowing for one reason or another, Diagnostic Code 5242 Degenerative Arthritis of the Spine Pain from the degeneration of the cervical vertebrae. Buddy statements provide the same type of information but come from other veterans who may have served with the claimant. That means, depending on your pain and other symptoms, you can have full movement without rotation in your lower back and still be eligible for a 10% VA rating. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. You're not alone. A current diagnosis for a spinal condition that necessitates spinal fusion as treatment, Evidence that the injury or accident that caused the condition that necessitates the spinal fusion occurred while on duty, A documented medical nexus or link between the diagnosed condition and the service-related injury or event, Information regarding the incident that led to your injuries, Any evidence that supports your statements of what happened. How to Apply for Benefits After a Spinal Fusion. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. 17 posts . This process starts with the veteran submitting evidence that they experience chronic neck pain. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). VA ratings for neck problems go up fast because so much goes on inside your cervical spine. Can You Get Disability for Degenerative Disc Disease and IVDS? Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Neck muscles can become strained from poor posture, carrying heavy things, military training exercises, high-intensity physical training, deployments, or long hours hunched over a computer. TDIU benefits are equivalent to those of a 100% disability rating and are awarded when one or more disabilities render a veteran unable to secure and keep substantially gainful employment. Cervical Neck Fusion and Social Security Disability Cervical spondylosis, or cervical osteoarthritis, is another serious medical condition that veterans suffer from. Estimate your 2023 VA Rating & Compensation for FREE! Rating. Some of the common neck injuries which VA will cover include the following: Disc Injuries These are injuries that affect the discs between vertebrae in the spine. The VA rates Cervicalgia under CFR Title 38, Part 4, Schedule for Rating Disabilities, General Rating Formula for Diseases and Injuries of the Spine, DC 5237, Lumbosacral or Cervical Strain (Neck Pain). What is the Cervicalgia VA Rating? Here's 3 Ways to Get a VA Disability Neck pain is known to cause migraines, sleep issues, and radiculopathy. Just like driving a truck with bad shocks, that bumpy ride on your back wears out the equipment really quick. Additionally, they must keep you from working for at least 12 months. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. VA Disability Claims (General) > Cervical Fusion. Before receiving a VA disability rating for neck pain, a veteran must prove service connection through the use of official statements and records. You Might Also Like the Following Blog Posts: Cervicalgia is the formal term used to describe Neck Pain.. If you continue to use this site we will assume that you are happy with it. VA Disability Rating for Neck Pain: Cervical Spine, Neck Arthritis Doctors are currently disagreeing about bed rest and IVDS, but here is how the VA rates those times you are put flat on your back from IVDS pain. They both refer to your back being stuck in a way that you cant move around. Function: Postural support of body; extension and lateral movements of spine. VA ratings for neck pain require an accurate Range of Motion (ROM) test of the flexion extension, lateral flexion, and rotation of the head. You might be able to lean right and left 30 just fine. 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. We have recovered entitlements for clients after the VA made a wrong decision decades ago! Every back pain claim should be reviewed as a possible TDIU claim. Expand Table Amputations: Lower Extremity Does the veteran use any assistive devices as a normal mode of locomotion, although occasional locomotion by other methods may be possible? #21. Range of motion and functional limitations will be evaluated. This is how much you can bend over forward. Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. Neck injuries can even be caused by sitting still for too long. Any direction of stiffness that is not straight up is considered unfavorable ankylosis. Is Favorable Ankylosis Better than Unfavorable Ankylosis? Although its not always fast, sometimes it can spread within just a few months. They can be diagnosed and proven with X-Rays and MRIs long before you show any incapacitating symptoms. The VA requires the following to establish an injurys connection to military service: You will need to ensure that you have the medical nexus as it is absolutely necessary to establish the connection. VA ratings for spinal fusion follow the same process as other spinal conditions and are based on the range of motion defined in 38 CFR 4.71a. OR the combined range of motion at 120-235 degrees for thoracolumbar or 170-335 degrees for cervical. Veterans must present a current diagnosis, a document detailing an in-service event, and a medical nexus that connects the current diagnosis to the in-service event or cause. VA Disability Ratings for Neck and Shoulder Pain range from 10% to 100%, with breaks at 20%, 30%, 40%, and 50%. The rules of the VA's Schedule for Rating Disabilities (VASRD) are used to assign rating percentages to conditions. VA Claims Insider Submits Statement to Senate VA Committee: How to Protect Veterans From Financial Exploitation of Their VA Benefits. The highest scheduler rating for neck pain is 100 percent, which means your entire spine is frozen in an unfavorable position. #6. The quick and intense movement can traumatize the surrounding muscles and tendons, resulting in cervical strain. Neck muscle injuries. United States. IVDS can cause chronic pain in the back, usually made worse by prolonged sitting or bending. Service connection is a way for the VA to determine if a veterans disability is related to their military service. Does the Veteran report flare-ups of the cervical spine? Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Disability Benefits by Percentage Rating and Dependent Status (As of 2020) Causes of Spinal Stenosis Causes can include herniated or bulging spinal discs. Brian Reeseis a VA benefits expert, author of the #1 Amazon Bestseller You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, andfounder of VA Claims InsiderThe Most Trusted Name in Education-Based Resources for Veterans.. If yes, is degenerative or post-traumatic arthritis documented? Spinal fusion helps correct spinal deformities like a sideways curvature of the spine (scoliosis). During the C&P exam, the practitioner will ask questions about the condition to see how it has changed over time. Common ailments that may necessitate spinal fusion include: Before understanding how VA ratings for spinal fusion work, you will first need to understand how to connect the spinal fusion to a service-related injury to be eligible for VA benefits. These all involve the back bending in ways that it shouldnt. Abnormal contours can cause problems in digestion, breathing, circulation, bowel movements, and more. Does the veteran have any additional contributing factors of a neck and shoulder disability? While not all of these are exclusive back pains, they can all point to conditions in the spine that would warrant a higher VA rating. Its important to ensure that your ratings are accurate, especially if they worsen, as an increase as small as 10% is the difference between thousands of dollars a year. Well address that elsewhere, but for the purposes of this article, well focus only on the back. A number of them require surgery to correct the problem. Already working with us? Does the Veteran report having any functional loss or functional impairment of the joint or extremity being evaluated on this questionnaire, including but not limited to after repeated use over time? Secondary conditions such as an altered gait, trouble eating, or difficulty swallowing can also contribute to a higher VA disability rating. It is better for your health to be diagnosed with favorable ankylosis but if you are diagnosed with unfavorable ankylosis, you'll get more money to help you out. You actually cant get VA Disability for DDD. Spinal fusion surgery can treat a range of disabilities including: Spinal fusion surgery can be performed on any part of the spine, but its most commonly done on the lower back. Does the veteran have radicular pain or any other signs or symptoms due to radiculopathy? Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Theyll need to see evidence that the spinal fusion is caused by your back condition and is related to your service. This Firm is So Good at what they do! Confidential or time-sensitive information should not be sent through this form. 50. Cervicalgia (Neck Pain) with or without symptoms such as radiating pain, stiffness, or aching around the spine affected by residuals of injury or disease to the neck and shoulder: Unfavorable ankylosis is a condition in which the entire cervical spine (neck), the entire thoracolumbar spine (mid to upper back), or the entire spine is fixed in flexion or extension, and the ankylosis results in one or more of the following symptoms: Pro Tip: The thoracolumbar and cervical spine segments are evaluated separately, except when there is unfavorable ankylosis of both segments, which will be rated as a single disability. There are a lot of things like falls, impacts, heavy lifting, and other activities that can be service-connected to your injury. Whiplash Whiplash happens when the neck experiences a forceful back and forth motion that causes lasting pain. Substantially gainful employment is any non-temporary, non-seasonal job that provides enough money for an individual to live a certain quality of life. You always have other options. 1115) Expand Table Amputations: Upper Extremity 1 Entitled to special monthly compensation. Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or. What Are the VA Ratings for Ankylosis, Favorable or Unfavorable? #Evidence #VAClaims #VAAppeals #Tips #VADisability #Veterans #VARating #vadecision #VAClaim. Ankylosis is what this is called when the bones do it themselves. To receive the highest possible disability rating, you must provide the proper evidence to support your claim. Twisting at the hips is also counted in your movement as part of your thoracolumbar spine. If yes, document the Veterans description of the flare-ups he/she experiences, including the frequency, duration, characteristics, precipitating and alleviating factors, severity, and/or extent of functional impairment he/she experiences during a flare-up of symptoms. VA Disability Ratings for Spinal Stenosis - Hill & Ponton, P.A. As of this writing, a total of 1,129,931 disabled veterans are service connected for neck conditions. Muscle guarding can happen to resist pain or other signals from the sensory nerves in your back. eCFR :: 38 CFR 4.71a -- Schedule of ratings - eCFR :: Home Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. Ankylosis can occur anywhere in your body where there is a joint. Unfavorable ankylosis of the entire spine. They may also need to wear a back brace. The main determining factor is how much of a Range Of Motion (ROM) you have. How to Get a 100 Percent VA Rating (if deserved)! Youll be measured at your C&P exam to see how much you can bend at the waist and at the neck. Spinal Stenosis VA Disability Benefits - Woods and Woods, LLC, Veterans What is VA rating for cervicalgia ? VA disability rating for neck pain The surrounding muscles, bones, and tendons can cause muscle weakness, sharp pain, and numbness. IVDS can also cause nerve pain in the legs and arms, depending on where the . Each of those additional problems might carry their own VA rating, so get ready for some VA math! There are 3 primary ways a veteran can get a VA Rating for Cervicalgia: If youre already service connected, and youre trying to increase your VA disability rating for neck pain, you need to prove to the VA that your symptoms are now worse and warrant the higher rating by law. Muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. Thousands of other Veterans in our Community are here for you. We use cookies to ensure that we give you the best experience on our website. Asthma secondary to Allergies. Spinal fusion may help stabilize the spine after the removal of a damaged (herniated) disk. When reviewing claims for spinal fusions, the VA will look at things like X-rays, MRIs, medical records, and independent medical opinions from treating physicians.
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