Sometimes VA accepts your claim but assigns a lower rating than you may have hoped for. Pro Tip:In accordance with the Painful Motion principle, if you have pain upon flexion or extension of your neck or shoulder, the VA is required to award the minimum compensable rating for the condition, which is 10%. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Applying for VA Benefits Years After Service: Is It Allowed? To receive compensation for a neck injury disability, veterans must be able to prove that their neck pain was caused or aggravated by their time in the military. This can all be amplified by long caravans on bumpy roads, carrying 100 pounds of the worlds lightest equipment every day. This level is basically less flexion: 30-60 degrees of flexion for the lower to middle back and 15-30 degrees for your neck. Forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees; or. The combined range of motion, however, is found by adding your degree of flexion in all four directions. Unfavorable ankylosis of the entire spine, Unfavorable ankylosis of the entire cervical spine, Favorable ankylosis of the entire cervical spine. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! We advocate for the disabled. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Thousands of other Veterans in our Community are here for you. The surgery begins with the surgeon making an incision in the patients back. It may take six months to a year to fully recover from the surgery. Unfavorable ankylosis of the entire thoracolumbar spine. When the discs between your vertebrae wear out and cause all of these problems, sometimes a surgeon will fuse two or more of your vertebrae together. Gathering all of your medical documents that detail the development of your pain and symptoms should be your first step. The VA only gives a 50% rating if you have unfavorable ankylosis of the entire thoracolumbar spine. Those nerves can also affect your digestive system, bowels, the whole bit down there. You need to see your doctor at least yearly to check on your back. Veterans who have had spinal fusion surgery are potentially eligible for VA benefits relating to the spinal fusion. Top 100+ VA Disability List of Secondary Conditions (2022 Edition) Okay, lets explore how to get a VA Rating for Neck Pain as well as what you can expect at a C&P exam for your neck and shoulder. Brain and Spinal Cord Disabilities (38 CFR 4.124a). IVDS can cause chronic pain in the back, usually made worse by prolonged sitting or bending. How to File a Claim on VA.gov (step-by-step)! 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. A cervicalgia VA rating will be decided based on the severity of symptoms and how much they limit an individuals movement or range of motion. This is because the VA will only pay benefits for injuries that occurred during or as a result of military service. Medical Criteria Needed to Qualify with Spinal Fusion | Disability VA Disability Ratings for Neck and Shoulder Pain range from 10% to 100%, with breaks at 20%, 30%, 40%, and 50%. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. It depends on several factors, including the specifics of your surgery, your post-operative course, and whether you have any other disabling conditions that contribute to your overall disability rating. 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. While many conditions can be caused by cervical strain or neck pain alone, its important to check with a doctor because other conditions may also be linked to more serious health issues. VA Disability Ratings for Back Pain Explained (The Definitive Guide) . When determining your rating, the VA will consider your entire medical history, not just your spinal fusion surgery. This device accurately assesses how far individuals are capable of bending or moving their joints. Finally, you will need an independent medical opinion from your surgeon attesting that your current condition is directly related to the original injury or condition that led to your need for spinal fusion surgery. 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. Unfortunately, constant changes to regulations have resulted in a process that can be confusing to many former service members. 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? 40. Forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees; or. However, if you can work or perform some daily activities, the VA will assign a disability rating based on how severely your condition impacts your ability to function, according to the rating criteria. However, its important to remember that the VA will not automatically award a rating just because youve had spinal fusion surgery. You may be owed compensation. You will also need a copy of your operative report from the surgeon who performed your spinal fusion surgery. That extra wear and tear on your other discs will make them deteriorate faster and require more future care. If your VA claim is denied and you believe a mistake was made, you are allowed to appeal the decision. The VA rating for unfavorable ankylosis of the entire cervical spine is 40%. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Unfavorable ankylosis of the entire thoracolumbar spine (T10 to L2). You want to see a doctor with a good knowledge of VA disability ratings. Veterans are eligible for VA benefits if they had a neck condition prior to their time in the service that was aggravated by an event or continuous stressors. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. How Do I Increase My VA Rating for Neck Pain? The veteran continues to prove service connection by submitting evidence that proves their neck pain interferes with their daily life. Neck conditions typically affect the cervical spine, which consists of seven bones (vertebrae) that are separated by intervertebral discs. 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). You might be able to lean right and left 30 just fine. Getting TDIU for neck pain is often difficult because most of the rating tiers fall below 50%. Expand Table Amputations: Lower Extremity Injuries such as radiculopathy dont depend so much on the pain in your back as they depend on the paralysis in your hands and feet. If this is the case, the veteran may be eligible for Total Disability based on Individual Unemployability, or TDIU. Unfavorable ankylosis of the entire spine. What is the VA Disability Rating for Neck Pain? Asthma secondary to Allergies. 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 However, you must show that your symptoms are severe. A current diagnosis of a back condition that necessitates a spinal fusion, A medical nexus (i.e. Second, youll need evidence that the spinal fusion is caused by your back condition that is related to your service. One type of surgery that is becoming increasingly common is spinal fusion. If you are a veteran with a spinal fusion, you may wonder if you can get a service connection for your disability. Share with: Link: Copy link. Learn more about us, Veterans Disability Claim This field is for validation purposes and should be left unchanged. 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. ), Disabling spinal contours like being hunchback or kyphosis. Well look through your medical records to see any history that points to your back injury. You're not alone. You have nothing to risk except knowing that you had professionals working hard on your case. The goal of the surgery is to stabilize the spine and relieve pain. Spinal weakness or instability. we represent clients nationwide. 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. The following spinal conditions are all rated under the same general rating formula: Lumbosacral or cervical strain (diagnostic code 5237): This would be the diagnostic code assigned to a Veteran experiencing pain in their neck or back. Most veterans are underrated for their disabilities and, therefore, not getting their due compensation. Its no secret that many veterans suffer back pain from spinal injuries. VA Disability Claims (General) > Cervical Fusion. The VA rates Back Pain under CFR Title 38, Part 4, Schedule for Rating Disabilities, General Rating Formula for Diseases and Injuries of the Spine. The older the veteran gets, the more of these they will have. Other Conditions That Come With Fused Vertebrae. Substantially gainful employment is any non-temporary, non-seasonal job that provides enough money for an individual to live a certain quality of life. Unfavorable ankylosis of the entire spine due. They must cause problems doing normal activities. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); Were you stationed at Camp Lejeune before 1987? Note that a veteran is eligible to be rated for both a neck condition, back condition, and Radiculopathy secondary to multipole extremities. Does the veteran have any additional contributing factors of a neck and shoulder disability? Ankylosis is what this is called when the bones do it themselves. VA Disability Rating for Spinal Fusion Explained | CCK Law The VA rates Neck Pain under CFR Title 38, Part 4, Schedule for Rating Disabilities, Diagnostic Code (DC) 5237, Lumbosacral or Cervical Strain. If you cannot work or earn a living due to your condition, you may be eligible for a 100% disability rating. Symptoms often get worse over time and are caused by an individual performing the same action over and over again. The good news is that the VA has a very specific process for evaluating Veterans who have had this type of surgery. One part of my claim that is 8 years old which is on remand is just what your saying total fusion of the spine. Medical records could also be included such as X-rays or MRIs. Your spine may become unstable if theres abnormal (or excessive) motion between two vertebrae. Unfavorable ankylosis of the entire cervical spine; or, forward flexion of the thoracolumbar spine 30 degrees or less; or, favorable ankylosis of the entire thoracolumbar spine. 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. Certain conditions can cause lasting issues that dont get worse over time. If the veteran uses any assistive devices, specify the condition, indicate the side, and identify the assistive device used for each condition. In selected cases, some surgeons use a synthetic substance instead of bone grafts. There are several different kinds of back disabilities that can earn a VA disability rating. In general, the more supporting evidence you can provide, the better. or, forward flexion of the cervical spine greater than 30 degrees but not greater than 40 degrees; . The most trusted name in education-based resources for Veterans. Of course, a limited range of motion is not the only way to get VA disability for back problems. Learn more about how VA Claims Insider can help you get the rating you DESERVE!Speak with a VA Disability expert and start for FREE!
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