40% - unfavorable ankylosis of the entire cervical spine; or, forward flexion of the . Because so much goes on inside of your neck, the ratings for neck problems go up fast. A favorable C&P decision will support a service connection for your disability, while an unfavorable decision will negatively affect your chances of proving a service connection. Getting TDIU for neck pain is often difficult because most of the rating tiers fall below 50%. 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. 203, San Jose, CA 95134 Getting Disability for Cervical Neck Fusion You may qualify for Social Security disability benefits for your cervical neck fusion or impairments. His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. Muscle guarding gone wrong can cause a number of disorders in your back. More importantly, when both the lumbar spine and cervical spine are affected by spinal stenosis, the two may be . Each of those additional problems might carry their own VA rating, so get ready for some VA math! Does the veteran have muscle atrophy? Neck Conditions: How To Get VA Disability - The Veterans Law Office The general minimum for undiagnosed back pain veterans' disability benefits is 10%. 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. 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 greater than 235 degrees; or, combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees; or, 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. Your final VA Disability Rating for Neck and Shoulder Pain depends upon the Frequency, Severity, and Duration of symptoms to include Limitation of Range of Motion (ROM) and Painful Motion. #Evidence #VAClaims #VAAppeals #Tips #VADisability #Veterans #VARating #vadecision #VAClaim. Hire a VA disability lawyer to help you determine whether or not a secondary condition is eligible for VA service connection. 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. Spinal fusion can happen naturally or surgically. Note that a veteran is eligible to be rated for both a neck condition, back condition, and Radiculopathy secondary to multipole extremities. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. VA Disability Ratings for Spinal Stenosis - Hill & Ponton, P.A. 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. All Rights Reserved. The #1 best way to increase your VA disability rating for neck and shoulder pain is to have objective medical evidence (X-Ray or MRI results) to show your symptoms have worsened over time. When a veteran files a claim for their disability, they must establish a primary service connectionwith or without a diagnosis. Unfavorable ankylosis is when your stuck bent over in any direction. Veterans who start the application process right away are more likely to get a VA disability rating for their neck pain. Additionally, this disability classification requires evidence of muscle spasms or guarding severe enough to cause impaired gait or an abnormal contour of the spine. Ankylosis can be diagnosed with X-Rays and no other symptoms of pain or tenderness. Neck Pain is the #5 most claimed VA disability. From a VA disability perspective, this can help you get a permanent rating. The main determining factor is how much of a Range Of Motion (ROM) you have. Top 100+ VA Disability List of Secondary Conditions (2022 Edition) Regardless of the cause, VA disability for neck pain is awarded to those injured while serving. We have recovered entitlements for clients after the VA made a wrong decision decades ago! As they fail, the nerves they protect can cause numbness, pain, or paralysis in your hands and feet. Fill out the short form below to contact us. United States. 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. Any injury that is documented while an individual is enlisted is eligible for service connection. Neck arthritis can also spread to affect other parts of the body. See a doctor familiar with VA disability to explore your symptoms more fully. If you add in the rest of your back, so that your entire back is fused in an unfavorable position, youll be eligible for 100%. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! 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. Intervertebral Disc Syndrome (IVDS) and VA Disability However, you must show that your symptoms are severe. A Goniometer should be used at your C&P exam to measure Range of Motion (ROM) of your spine; each measurement is rounded to the nearest five degrees. Other valuable types of evidence are lay statements and buddy statements. Is the veteran being examined during a flare-up? Its usually performed when other treatment options, like medication and physical therapy, have failed to provide relief. How to Get Disability for Spinal Fusion (Updated for 2023) Veterans must prove secondary service connection if their first service-connected condition causes a different disability or makes an existing disability worse. If youre still experiencing pain, that could warrant a higher disability rating. Symptoms often get worse over time and are caused by an individual performing the same action over and over again. Before receiving a VA disability rating for neck pain, a veteran must prove service connection through the use of official statements and records. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 Is applying for VA benefits years after service allowed? The rules of the VA's Schedule for Rating Disabilities (VASRD) are used to assign rating percentages to conditions. The combined range of motion of the cervical spine not greater than 170 degrees; or. . 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. By joining the vertebrae, the surgeon can stabilize the spine and take pressure off the nerves. Most veterans are underrated for their disabilities and, therefore, not getting their due compensation. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). 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.. 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? In selected cases, some surgeons use a synthetic substance instead of bone grafts. 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. All Rights Reserved. Abnormal contours can cause problems in digestion, breathing, circulation, bowel movements, and more. These diagnosed and service-connected disabilities can get you a higher rating. Veterans nowadays may have to sit for multiple hours a day. 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. Specifically, VA rates spinal stenosis according to its General Rating Formula for Diseases and Injuries of the Spine, outlined below: 100% - unfavorable ankylosis of the entire spine. The VA calculates the amount of disability compensation according to how significantly a spine condition affects the range of motion. 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. The VA rating for unfavorable ankylosis of the entire cervical spine is 40%. IVDS can cause chronic pain in the back, usually made worse by prolonged sitting or bending. 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. After all these assessments, the test practitioner will send VA an opinion about whether or not they believe your condition is related to your time in the military. Lumbosacral, Cervical Strain, or Cervicalgia are the medical terms used to describe Neck Pain.. VA Disability Rating For Spinal Fusion (2023 Guide) Similar to VA compensation for most other conditions, service connection requires three separate pieces of evidence. Range of motion and functional limitations will be evaluated. 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! If abnormal ROM, does the range of motion itself contribute to a functional loss? The temporary 100% rating may continue for 1 to 3 monthsdepending on your unique case. You can also appeal this decision to fight for a higher VA disability rating for your neck pain. What is the history (including onset and course) of the veterans cervical spine condition? As with most back disabilities, the VA puts a lot on the level of flexion you have. Unfavorable ankylosis of the entire spine. The favorable or unfavorable part refers to what position you are stuck in. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. The quick and intense movement can traumatize the surrounding muscles and tendons, resulting in cervical strain. #11. The range is determined based on forward, backward, left, and right angles of movement. Maybe. Yes it is. Recovery time from either a surgery or the immobilization of a joint by a cast without surgery requires a temporary 100% disability rating for a service-connected disability. For example, as a veteran begins to develop arthritis in the neck, old neck injuries from the military can start to cause more pain. When judging the veterans range of motion, doctors measure the maximum angle of movement before you experience pain. This is done to decrease the damage, pain, and discomfort that a disease or injury causes. link) between the current, diagnosed back condition and the in-service event, injury, or illness. VA Disability Ratings for Neck and Shoulder Pain range from 10% to 100%, with breaks at 20%, 30%, 40%, and 50%. Asthma secondary to Allergies. What are the initial ROM measurements? Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 You have virtually no range of motion. #9. What Should I Expect at a C&P Exam for Neck Pain? 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. Theyll need to see evidence that the spinal fusion is caused by your back condition and is related to your service. Disability Benefits by Percentage Rating and Dependent Status (As of 2020) Causes of Spinal Stenosis Causes can include herniated or bulging spinal discs. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. #14. Neck pain can also be caused by pinching from disc compression or the growth of osteophytes. 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. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices As a fellow disabled Veteran this is shameful and Im on a mission to change it. At VA Claims Insider, were here to walk you through everything you need to know, including how to file your VA claims. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Its imperative to understand these ratings as they determine the benefits you are entitled to. 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. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. #10. Camp Lejeune Lawsuit. Any direction of stiffness that is not straight up is considered unfavorable ankylosis. If you believe you can make an argument to change VAs mind, it may be worthwhile to pursue a different decision. Spinal Fusion VA Disability Rating - Hill & Ponton, P.A. Repetitive Strains These injuries can cause aching, cramping, pain, throbbing, and tingling in the upper back. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. This is a common side effect of severe arthritis in the spine. Neck injuries can even be caused by sitting still for too long. That extra wear and tear on your other discs will make them deteriorate faster and require more future care. 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. This process starts with the veteran submitting evidence that they experience chronic neck pain. 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. The combined range of motion of the thoracolumbar spine not greater than 120 degrees; or. VA Disability Rating for Spinal Fusion Explained | CCK Law
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