This means your spine is frozen in an unfavorable position. The disability ratings for spinal diseases range from 10% for minor conditions to 100% for . Intervertebral Disc Syndrome (IVDS) and VA Disability Spinal fusion helps correct spinal deformities like a sideways curvature of the spine (scoliosis). Cervical Fusion - Veterans Benefits Network 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. 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. This level can also have muscle spasms, muscle guarding, and pain without abnormal gait or curves. Muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. Yes, many veterans suffer from service connected neck and shoulder conditions, which can affect your back, hips, knees, ankles, and feet. Regardless of the cause, VA disability for neck pain is awarded to those injured while serving. One of the nice things about these VA ratings is that they do not require you to have pain, radiculopathy, stiffness, or even aches. Neck pain is known to cause migraines, sleep issues, and radiculopathy. It can include your diagnosis, independent medical opinion, medical records, and written statements from friends or family members. 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. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. You're not alone. 2023 by JVDS. 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. Degenerative Disc Disease is a normal part of aging for a huge percentage of the population, so youll have to prove your back injuries are service-connected. Combat and deployment do not factor into this decision, so even car wrecks that happen on leave are considered viable. Muscle guarding is a reflex of your muscles to tense up in anticipation of something. If youre seeking a VA disability rating for spinal fusion as a result of spinal fusion surgery, you will need to provide certain pieces of evidence to support your claim. Unfavorable ankylosis of the entire thoracolumbar spine (T10 to L2). How to File a Claim on VA.gov (step-by-step)! This rating is a figure between 10% and 100%with a 100% rating being the worst possible determination that means that the individual has almost no capability to move any part of their spinal column. In this article, well explain how the VA rates spinal fusion surgery for disability benefits and what you need to do to apply. The highest scheduler rating for neck pain is 100 percent, which means your entire spine is frozen in an unfavorable position. Other Conditions That Come With Fused Vertebrae 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. Even after you get your rating decision, run it by some certified VA lawyers to catch any mistakes the VA made with your records. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. However, that injury may accelerate the aging of your neck. You will, however, be eligible for these monthly compensation rates: Those with higher ratings will receive modified rates based on their dependents. Additionally, thoracolumbar combined movement should be less than 120, and cervical combined movement should measure less than 170. Youll be measured at your C&P exam to see how much you can bend at the waist and at the neck. Some veterans are bent over sideways but can still walk around with a cane. Just like driving a truck with bad shocks, that bumpy ride on your back wears out the equipment really quick. Yes it is. Sometimes a veteran will not receive a 100% VA disability rating due to diagnostic criteria, but the conditions they have will prevent them from working. They will then remove any damaged or diseased tissue between the vertebrae. You want to see a doctor with a good knowledge of VA disability ratings. Other valuable types of evidence are lay statements and buddy statements. #20. #3. VA Disability Ratings for Back Pain Explained (The Definitive Guide) 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. For a 20% VA Disability rating, you have to have less than 120 degrees of combined flexion in your thoracolumbar spine. When the doctor measures your flexion, he or she is going to measure your angle of movement before you experience pain. OR the combined range of motion at 120-235 degrees for thoracolumbar or 170-335 degrees for cervical. Other back issues are rating according to different criteria. VA Claims Insider Submits Statement to Senate VA Committee: How to Protect Veterans From Financial Exploitation of Their VA Benefits. Neck arthritis can also spread to affect other parts of the body. Unfavorable ankylosis of the entire spine due. What is the history (including onset and course) of the veterans cervical spine condition? 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. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. 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. VA ratings for neck problems go up fast because so much goes on inside your cervical spine. However, you must show that your symptoms are severe. Extraschedular Ratings for VA Disability Claims, Establishing a Service-related Connection to Spinal Fusion, Spinal Fusion VA Disability Rating 30-60%, Spinal Fusion VA Disability Rating 70-100%. If the veteran uses any assistive devices, specify the condition, indicate the side, and identify the assistive device used for each condition. we represent clients nationwide. These injuries can be caused by a variety of factors. Share. Those symptoms can also point to diabetes, carpal tunnel syndrome, or arthritis, so youll need some X-Rays and CT scans on your back to see what is going on in there. 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. 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! 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. The important part is that the veteran proves the pain is not merely subjective. yet assertive representation for our clients. These synthetic substances help promote bone growth and speed the fusion of the vertebrae. The courts further likened the reasonable doubt rule as akin to the principle in baseball that the tie goes to the runner.. Updated: October 24, 2022. You Might Also Like the Following Blog Posts: Cervicalgia is the formal term used to describe Neck Pain.. Of course, a limited range of motion is not the only way to get VA disability for back 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. Abnormal contours can cause problems in digestion, breathing, circulation, bowel movements, and more. . 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. 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. Yes! But if you cant bend over the normal 90 or bend back the normal 30, you are already getting close to that 120 total. To receive the highest possible disability rating, you must provide the proper evidence to support your claim. The VA rates Cervicalgia under CFR Title 38, Part 4, Schedule for Rating Disabilities, General Rating Formula for the Spine as follows. Additionally, they must keep you from working for at least 12 months. VA Disability Ratings for Spinal Stenosis | CCK Law The most trusted name in education-based resources for Veterans. If you experience back or neck pain from sitting in a chair for too long, you shouldnt be embarrassed to apply for VA benefits. At VA Claims Insider, we help you understand and take control of the claims process, so you can get the rating and compensation youre owed by law. Theyll need to see evidence that the spinal fusion is caused by your back condition and is related to your service. Veteran with child only (no spouse or parents). Substantially gainful employment is any non-temporary, non-seasonal job that provides enough money for an individual to live a certain quality of life. Your spinal discs are critical to the padding between your vertebrae. What Does Your VA Disability Rating Mean? The VA only gives a 50% rating if you have unfavorable ankylosis of the entire thoracolumbar spine. If youre still experiencing pain, that could warrant a higher disability rating. Herniated disk. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Medical Criteria Needed to Qualify with Spinal Fusion | Disability This rating criterion is primarily based on a range of motion measurements. Forward flexion of the cervical spine 15 degrees or less; or, favorable ankylosis of the entire cervical spine. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 If youre a veteran who has undergone spinal fusion surgery, you may wonder how the VA will determine your disability rating. 10% - forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees; or, combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. To start the Social Security disability application, you can go online at www.SSA.gov or call 1-800-772-1213. Favorable means that your stuck standing straight up. 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. 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%. My back conditions have worsened. There are a lot of things like falls, impacts, heavy lifting, and other activities that can be service-connected to your injury. They keep you informed. Twisting at the hips is also counted in your movement as part of your thoracolumbar spine. Use tab to navigate through the menu items. Certain conditions can cause lasting issues that dont get worse over time. Can You Get Disability for Degenerative Disc Disease and IVDS? 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. Disability rates for the 70% to 100% ratings differ a bit from the 30-60% ratings in how bonuses are allocated based on dependents. United States. 40. #9. However, its important to remember that the VA will not automatically award a rating just because youve had spinal fusion surgery. 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. While we still have our home base in Florida, Fill out the short form below to contact us. Independent providers and C&P examiners must consider and give weight to the veterans self-reported symptoms when completing their physical evaluations and DBQ for Neck Conditions. 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 you believe you deserve a higher rating than the VA has given you, you have the right to appeal their decision. #10. Lateral flexion is leaning right and left but rotation is also measured. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. 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. (Authority: 38 U.S.C. 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. Let's talk about your VA disability benefits. 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. The ratings range from 10% (minor afflictions) to 100% (significant impairment of the entire spine). The Department of Veterans Affairs (VA) views conditions of the spine through two main categoriesneck and back. This means your mid and upper back is frozen in an unfavorable position. That means everything from the middle of your backpack and bra strap down. you have shown that there is was an incident in service and that you have a current disability. What Should I Expect at a C&P Exam for Neck Pain? How to Get VA to Grant a Spinal Fusion Disability Rating The combined range of motion of the cervical spine not greater than 170 degrees; or. San Jose, CA: 2880 Zanker Road, Ste. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 #Evidence #VAClaims #VAAppeals #Tips #VADisability #Veterans #VARating #vadecision #VAClaim. 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. Thats why the VA law says: If intervertebral disc syndrome is present in more than one spinal segment, provided that the effects in each spinal segment are clearly distinct, evaluate each segment on the basis of incapacitating episodes or under the General Rating Formula for Diseases and Injuries of the Spine, whichever method results in a higher evaluation for that segment. What Are the VA Ratings for Ankylosis, Favorable or Unfavorable? Camp Lejeune Lawsuit. 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. 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. 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.. As they fail, the nerves they protect can cause numbness, pain, or paralysis in your hands and feet. The difference is almost $2,700 per year! 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. If you are a veteran with a spinal fusion, you may wonder if you can get a service connection for your disability. VA Disability Ratings for Spinal Fusion - Woods and Woods, LLC This is Favorable or Unfavorable Ankylosis. Any injury that is documented while an individual is enlisted is eligible for service connection. Combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees; or. Neck Pain is the #5 most claimed VA disability. You might wonder whether or not a veteran can get increased disability benefits from the VA due to spinal fusion surgery. How to File a Claim on VA.gov (step-by-step)! 50. You have nothing to risk except knowing that you had professionals working hard on your case. . First, you need to know that the VA will not automatically give you a 100% disability rating just because youve had spinal fusion surgery. 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. This Firm is So Good at what they do! 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. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Back pain typically refers to injuries in the lower half of the spine or the thoracolumbar section. These all involve the back bending in ways that it shouldnt. Its no secret that many veterans suffer back pain from spinal injuries. When a veteran files a claim for their disability, they must establish a primary service connectionwith or without a diagnosis. Hill & Ponton P.A. 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. The good news is that veterans with spinal fusions may qualify for a VA disability rating for spinal fusion. Because so much goes on inside of your neck, the ratings for neck problems go up fast. Forward flexion of the cervical spine greater than 30 degrees but not greater than 40 degrees; or. Top 100+ VA Disability List of Secondary Conditions (2022 Edition) Spinal Fusion VA Disability Rating - Hill & Ponton, P.A. VA rates spinal fusion according to 38 CFR 4.71a, Schedule of Ratings, Musculoskeletal System (Diagnostic Code 5241) and the criteria is based largely on a veteran's range of motion. 40% - unfavorable ankylosis of the entire cervical spine; or, forward flexion of the . VA disability will not be awarded to those who cannot prove they have long-lasting or recurring issues. #14. That extra wear and tear on your other discs will make them deteriorate faster and require more future care. Spinal fusion can be used to restore spinal stability. Phoenix, AZ: One Renaissance Tower, Two North Central Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Spinal fusion is a surgical procedure that involves joining two or more vertebrae together. One part of my claim that is 8 years old which is on remand is just what your saying total fusion of the spine. Feel free to call us at (866) 232-5777 anytime. You can do this by filing a Higher Level Review or a Supplemental appeal. Secondary conditions such as an altered gait, trouble eating, or difficulty swallowing can also contribute to a higher VA disability rating. Receiving a 20% disability rating for spinal fusion means that your range of motion is significantly reduced. VA Ratings for Spondylosis. 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. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. If yes, provide type of test or procedure, date, and results (brief summary). How to Get Disability for Spinal Fusion (Updated for 2023) 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 injury can even require surgery to relieve the pain. Youll bend forward and backward as well as side to side, and every measurement matters. 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. Call us and well send you self-addressed, postage-paid envelopes to send in your decision letters. What is the VA Disability Rating for Neck Pain? You dont want to miss out on the full benefit that you deserve. The good news is you can get VA disability benefits for neck and shoulder pain if your condition was caused or made worse by your military service. 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. The following are a list of common questions asked at a C&P exam for Neck Pain: #1. #19. Yes, Back Pain is a VA disability. Yes, sort of. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. 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. 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. #6. Maybe. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Intervertebral Disc Syndrome (IVDS) is a disability in which parts of your spine break or move and put your nerves or other parts of your spine in the wrong spot. All Rights Reserved. Spinal fusion may help stabilize the spine after the removal of a damaged (herniated) disk. 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. Foraminal Stenosis This is a form of spinal stenosis (narrowing of the spine) that involves the tightening of foramen between bones in the spine. VA Ratings for Intervertebral Disc Syndrome - Hill & Ponton, P.A. If your back does this when you move, your back is guarding. Other people are bent over frontwards with a hunchback type of posture. Does the veteran have a diagnosis of a neck condition? 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. Lumbosacral, Cervical Strain, or Cervicalgia are the medical terms used to describe Neck Pain.. When in doubt, the benefit is ALWAYS given to the veteran. 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. 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! 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). 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. Forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees; or. By joining the vertebrae, the surgeon can stabilize the spine and take pressure off the nerves. Theyll also look at whether or not youre still experiencing pain despite having undergone surgery. Whiplash Whiplash happens when the neck experiences a forceful back and forth motion that causes lasting pain. This level is basically less flexion: 30-60 degrees of flexion for the lower to middle back and 15-30 degrees for your neck. First, You will need a current diagnosis for a spinal condition that necessitates spinal fusion as treatment. VA Disability Rating for Neck Pain | The Tuley Law Office 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. 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. This report should detail what kind of procedure was performed, what level(s) of the spine was involved, and any complications that occurred during or after the surgery. 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. Asthma secondary to Depression. Other Conditions That Come With Fused Vertebrae. VA Disability ratings concerning your back fall into a few different groups: Your rating and diagnosis will depend on what is affected, your full measure of symptoms, and what affects your daily life the most.
va disability rating for cervical spine fusion