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? Here one of our VA disability lawyers goes over the questions Woods and Woods, The Veterans Firm, is often asked about veterans disability claims and appeals. This process starts with the veteran submitting evidence that they experience chronic neck pain. 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. Radiculopathy is commonly rated as a secondary VA disability claim for secondary service connection due to one or more service connected neck, shoulder, and back conditions. After you have filed your claim for VA disability benefits and the VA adjudicators have decoded that your disability is service connected, the, For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. A number of them require surgery to correct the problem. Twisting at the hips is also counted in your movement as part of your thoracolumbar spine. Military records that explain an activity or incident which may have led to neck pain can also help establish a relationship between service and the neck condition. Under 38 CFR 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected. The ratings range from 10% (minor afflictions) to 100% (significant impairment of the entire spine). For a specific example, if you have 120 of combined range of motion in your thoracolumbar spine (everything from the middle of your back down), you will receive a rating of 20%. Share with: Link: Copy link. It also means that every few years you should check with the VA to see if you can get an increased rating. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you. One type of surgery that is becoming increasingly common is spinal fusion. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. In some cases, the VA may actually decrease a veterans disability rating after spinal fusion surgery if they feel that the veterans overall condition has improved as a result of the surgery. Asthma secondary to Nasal polyps. I am now going to have three . Applying for VA Benefits Years After Service: Is It Allowed? Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. While we still have our home base in Florida, Its no secret that many veterans suffer back pain from spinal injuries. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Degenerative Disc Diseases This degeneration happens when the discs between spinal vertebrae break down over time, which can cause pain in the back, arms, neck, and legs. They can be diagnosed and proven with X-Rays and MRIs long before you show any incapacitating symptoms. 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. You will also need a copy of your operative report from the surgeon who performed your spinal fusion surgery. If abnormal ROM, does the range of motion itself contribute to a functional loss? Contact us today for a free review of your case to make sure you are getting treated fairly by the VA. Well foot the bill for our fees and only charge part of your back pay and the fees after we win your case. Below we're sharing the VA range of motion chart used to rate back . 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. This Firm is So Good at what they do! Receiving a 20% disability rating for spinal fusion means that your range of motion is significantly reduced. This can all be amplified by long caravans on bumpy roads, carrying 100 pounds of the worlds lightest equipment every day. Veterans must prove secondary service connection if their first service-connected condition causes a different disability or makes an existing disability worse. This level is basically less flexion: 30-60 of flexion for the lower to the middle back and 15-30 for your neck. Does the veteran have imaging evidence of a cervical vertebral fracture with loss of 50 percent or more of height? You can see that IVDS ratings are all riding on the number of time your back pain is so severe that you are laid out. The Relationship Between Spinal Fusion and Veterans, How Spinal Fusion Can Increase Your VA Disability Benefits, Conditions That Qualify for VA Disability Benefits, Qualifying for a Spinal Fusion VA Disability Rating, How the VA Determines Disability Rating for Spinal Fusion Surgery. Your final rating for spinal conditions (neck, upper back, mid back, lower back) depends upon the Frequency, Severity, and Duration of symptoms to include Limitation of Range of Motion (ROM) and Painful Motion. Unfavorable ankylosis of the entire spine. Woods and Woods, LLC, Veterans Disability Lawyer, Veterans Disability Benefits Attorneys Helping Veterans Nationwide, Published on October 15, 2019 by Neil Woods Last Updated on January 10, 2023. 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. You're not alone. Yes it is. What Are the VA Ratings for Ankylosis, Favorable or Unfavorable? Disability Benefits by Percentage Rating and Dependent Status (As of 2020) Causes of Spinal Stenosis Causes can include herniated or bulging spinal discs. Phoenix, AZ: One Renaissance Tower, Two North Central Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Your final VA rating for Degenerative Disc Disease depends upon the Frequency, Severity, and Duration of symptoms, including Painful Motion, Limitation of Range of Motion (ROM), and Functional Loss or Impairment. Unfavorable Ankylosis does bring in higher VA Ratings than favorable. Patients will likely need to take it easy and avoid strenuous activity during that time. The highest scheduler rating for severe neck pain is 100%, which means your entire spine is frozen in an unfavorable position. Your back can even go into an abnormal contour, which simply means its bending in ways it isnt supposed to. Forward flexion of the thoracolumbar spine up to 85 degrees or of the cervical spine up to 40 degrees. #3. Lower to mid-back flexion is limited to between 30 and 60, and the range in your neck is 15-30. Spinal Cord Injuries These are very serious injuries that can result in a loss of motion or feeling in the body. Forward flexion of the cervical spine greater than 30 degrees but not greater than 40 degrees; or. VA Disability Ratings for Neck and Shoulder Pain range from 10% to 100%, with breaks at 20%, 30%, 40%, and 50%. A 10% disability rating for spinal fusion is granted when forward flexion of the thoracolumbar spine is greater than 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 Another common secondary disability is Radiculopathy secondary to Back and Neck Pain. The tiers work their way up from 10%, 20%, 30%, 40%, and 50% and then jump all of the way up to 100%. Unfavorable ankylosis can result in symptoms such as: Veterans may find themselves dealing with back pain during their enlistment, or it could develop months to years after their separation from the armed forces. The Department of Veterans Affairs (VA) views conditions of the spine through two main categoriesneck and back. How to Protect Veterans From Financial Exploitation of Their VA Benefits April 26, 2023 Dear Chairman Tester and Ranking Member Moran, A veteran disabled in the service of our country Today,Brian Reesethe VA Claims Insider reveals and explains the 72 Best Federal Veteran Benefits from A to Z. This means that your VA disability rating for neck pain will likely not be the primary rating involved in your TDIU, but it may supplement another more severe condition. 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 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. Combined Range of Motion vs Flexion of 60%, Muscle Guarding and Abnormal Curves of the Spine, We know VA Disability Law can be a Pain in the Neck, More about VA Disability for Spine and Back Pain, 38 CFR 4.71a Schedule of ratings musculoskeletal system, Use our VA disability calculator to estimate your. Unfavorable ankylosis of the entire spine. The temporary 100% rating may continue for 1 to 3 monthsdepending on your unique case. Contact us today for a free review of your case to make sure you are getting treated fairly by the VA. Getting the Highest VA Rating for Arthritis, VA Disability for Arthritis in the Neck and Back, Nervous System Conditions VA Disability Articles, With incapacitating episodes having a total duration of at least 6 weeks during the past 12 months, With incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months, With incapacitating episodes having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months, With incapacitating episodes having a total duration of at least one week but less than 2 weeks during the past 12 months. Please call for an appointment before visiting: Mail Processing Center: P.O. Function: Postural support of body; extension and lateral movements of spine. 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. You can also apply in person at your nearest Social Security office. IVDS is one of the more difficult, while radiculopathy or ankylosis is easier. The problem that develops later, though, is that the rest of your vertebrae are picking up the slack and absorbing more shock. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. When, after careful consideration of all evidence, a reasonable doubt arises regarding service origin, the degree of disability, or any other point, such doubt will be resolved in favor of the claimant. 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. Yes! Deformities of the spine. For a 20% VA Disability rating, you have to have less than 120 degrees of combined flexion in your thoracolumbar spine. The combined range of motion of the thoracolumbar spine not greater than 120 degrees; or. Gathering all of your medical documents that detail the development of your pain and symptoms should be your first step. If you have a limitation of motion that only applies to how you can twist, note that if you have full thoracolumbar motion forward, sideways, and backward, that is only going to add up to 180 of total motion without some rotation. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. For instance, the VA rating for favorable ankylosis of the entire cervical spine is 30%. Does the veteran have localized tenderness, guarding or muscle spasm of the cervical spine? Spinal weakness or instability. Other valuable types of evidence are lay statements and buddy statements. Does the veteran have muscle atrophy? Its also helpful to have a private medical provider conduct a physical examination of your spine to document any new Limitation of Range of Motion (ROM) and Pain Level (1-10). As they fail, the nerves they protect can cause numbness, pain, or paralysis in your hands and feet. Feel free to call us at (866) 232-5777 anytime. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Call us and well send you self-addressed, postage-paid envelopes to send in your decision letters. #5. There must be clear evidence that the veterans pain causes functional impairment or loss. But if you cant bend over the normal 90 or bend back the normal 30, you are already getting close to that 120 total. Ankylosis is what this is called when the bones do it themselves. If youve filed your VA disability claim and have been denied or have received a low ratingor youre unsure how to get startedreach out to us! Note that a veteran is eligible to be rated for both a neck condition, back condition, and Radiculopathy secondary to multipole extremities. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. For example, if you also have arthritis, the VA might factor that into your rating. Yes, many veterans suffer from service connected neck and shoulder conditions, which can affect your back, hips, knees, ankles, and feet. Does the veteran have any other signs or symptoms of radiculopathy? Unfavorable ankylosis of the entire spine. Spinal fusion, or ankylosis, comes in two forms; favorable and unfavorable. Surgeries, such as spinal fusion, discectomy, and laminectomy; . #2. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. More importantly, when both the lumbar spine and cervical spine are affected by spinal stenosis, the two may be . Secondary conditions such as an altered gait, trouble eating, or difficulty swallowing can also contribute to a higher VA disability rating. Current and former members of the armed forces have to engage in a variety of activities that could result in lower back injuries, such as carrying and lifting heavy equipment, extended periods of standing and repetitive motions, rifle training, combat, and parachuting from aircraft. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Additionally, they must keep you from working for at least 12 months. Brian is a Distinguished Graduate of Management from theUnited States Air Force Academy, Colorado Springs, CO and he holds an MBA from Oklahoma State Universitys Spears School of Business, Stillwater, OK, where he was a National Honor Scholar (Top 1% of Graduate School class). It is common for secondary conditions to occur from orthopedic disabilities. This level is basically less flexion: 30-60 degrees of flexion for the lower to middle back and 15-30 degrees for your neck. Unfavorable ankylosis is when your stuck bent over in any direction. The ratings range from 10% (minor afflictions) to 100% (significant impairment of the entire spine). Veterans who have had spinal fusion surgery are potentially eligible for VA benefits relating to the spinal fusion. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. The VA rates Neck Pain under CFR Title 38, Part 4, Schedule for Rating Disabilities, Diagnostic Code (DC) 5237, Lumbosacral or Cervical Strain. Where there are additional disabilities rated 50% or 100%, or anatomical or loss of use of a third extremity see 38 CFR 3.350 (f) (3), (4) or (5). Forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees; or. Combined thoracolumbar less than 120 or cervical combined less than 170 or muscle spasms or guarding enough to cause abnormal gait or an abnormal contour of your spine. The VA rating for unfavorable ankylosis of the entire cervical spine is 40%. C&P exams are typically carried about by a VA physician or other VA-approved health professional. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. His eBook, the9 Secrets Strategies for Winning Your VA Disability Claimhas been downloaded more than 300,000 times in the past three years and is the #1 rated free VA disability claims guide for veterans. San Jose, CA: 2880 Zanker Road, Ste. 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. Substantially gainful employment is any non-temporary, non-seasonal job that provides enough money for an individual to live a certain quality of life. Muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. 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. If you believe you can make an argument to change VAs mind, it may be worthwhile to pursue a different decision. A Federal Circuit court ruling in April of 2018 decided that VA can award disability benefits for undiagnosed pain if it is linked to an injury, symptom, or in-service event. Many natural conditions are also accelerated by time spent in the service. They will also consider your age, education, and employment history. You may be owed compensation. Abnormal contours can cause problems in digestion, breathing, circulation, bowel movements, and more. Muscle guarding gone wrong can cause a number of disorders in your back. Since symptoms can improve and worsen over time, veterans are encouraged to have their rating re-evaluated every couple of years as ratings are not permanent. Second, youll need evidence that the spinal fusion is caused by your back condition that is related to your service. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. Copyright 2023 VA Claims Insider, LLC. Although this benefits some veterans, it also increases the amount of evidence required to link the pain to the in-service event. How the VA Rates Spinal Fusions 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. Spinal stenosis (diagnostic code 5238): Spinal stenosis is when the spaces in the spine are narrowed and . All Rights Reserved. Successful spinal fusion results in the stoppage of motion at these places with the potential use of plates, rods, and screws, providing the patient with stability and back pain relief. Have imaging studies of the cervical spine been performed in conjunction with this examination? From a VA disability perspective, this can help you get a permanent rating. Your spinal discs are critical to the padding between your vertebrae. 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. Degenerative Disc Disease is a condition in which the shock absorbers between your vertebrae the bones in your back wear out due to age, wear and tear, or other illness. Rather, they are added using VA math. Does the veteran have any other neurologic abnormalities or findings related to a cervical spine condition (such as bowel or bladder problems/pathologic reflexes)? You might wonder whether or not a veteran can get increased disability benefits from the VA due to spinal fusion surgery. When the doctor measures your flexion, he or she is going to measure your angle of movement before you experience pain. Yes, sort of. Well address that elsewhere, but for the purposes of this article, well focus only on the back. It is better for your health to be diagnosed with favorable ankylosis but if you are diagnosed with unfavorable ankylosis, youll get more money to help you out. Of course, a limited range of motion is not the only way to get VA disability for back problems. Rating. Disability rates for the 70% to 100% ratings differ a bit from the 30-60% ratings in how bonuses are allocated based on dependents. If yes, document the Veterans description of functional loss or functional impairment in his/her own words. This communication with the firm or any member of the firm does not establish an attorney-client relationship. #6. Estimate your 2023 VA Rating & Compensation for FREE! Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. Your backbones might be fused together or about to be because of ankylosis, but you at least look normal when you stand or sit. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Use our VA disability calculator to estimate your combined VA rating and monthly payment. You need to see your doctor at least yearly to check on your back. We know the pain of feeling stuck, frustrated, and alone, and we want to make this process as easy and painless as possible for you.
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