This occurs when a veteran is unable to perform with the same strength and endurance as before the condition. VA Disability Ratings for Neck and Shoulder Pain range from 10% to 100%, with breaks at 20%, 30%, 40%, and 50%. Symptoms often get worse over time and are caused by an individual performing the same action over and over again. 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. Its no secret that many veterans suffer back pain from spinal injuries. If yes, provide type of test or procedure, date, and results (brief summary). Does the veteran have a diagnosis of a neck condition? Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. 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? Veteran with child only (no spouse or parents). We can look them over to see what other options you have. 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%. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. VA Ratings for Intervertebral Disc Syndrome - Hill & Ponton, P.A. How to Get VA to Grant a Spinal Fusion Disability Rating If this is the case, the veteran may be eligible for Total Disability based on Individual Unemployability, or TDIU. Share. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. We consistently provide experienced, compassionate and ethical representation to our clients. Spinal fusion can be used to restore spinal stability. As with most back disabilities, the VA puts a lot on the level of flexion you have. How do I increase my rating percentages? Muscle guarding is a reflex of your muscles to tense up in anticipation of something. These cervical bone spurs can cause neck pain and weakness in the shoulders and arms. For a 20% VA Disability rating, you have to have less than 120 degrees of combined flexion in your thoracolumbar spine. #14. 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! The problem is when this happens just by walking, sitting, or moving around normally. 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 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. 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. Unfortunately, constant changes to regulations have resulted in a process that can be confusing to many former service members. Its imperative to understand these ratings as they determine the benefits you are entitled to. Back surgery will cause your rating to increase temporarily, but the permanent or even total rating will help you not have to go back to work. Most neck injuries follow the same diagnostic criteria. 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.. Disability rates for the 70% to 100% ratings differ a bit from the 30-60% ratings in how bonuses are allocated based on dependents. This can all be amplified by long caravans on bumpy roads, carrying 100 pounds of the worlds lightest equipment every day. Similar to VA compensation for most other conditions, service connection requires three separate pieces of evidence. When determining your rating, the VA will consider your entire medical history, not just your spinal fusion surgery. Spinal fusion can happen naturally or surgically. This is a common side effect of severe arthritis in the spine. In this article, well explain how the VA rates spinal fusion surgery for disability benefits and what you need to do to apply. The general minimum for undiagnosed back pain veterans' disability benefits is 10%. Is the veteran being examined during a flare-up? It can include your diagnosis, independent medical opinion, medical records, and written statements from friends or family members. 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%. 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. You can do this by filing a Higher Level Review or a Supplemental appeal. Herniated disk. 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. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Below we're sharing the VA range of motion chart used to rate back . All Rights Reserved. There are a lot of things like falls, impacts, heavy lifting, and other activities that can be service-connected to your injury. 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. Unfavorable ankylosis of the entire thoracolumbar spine. He is aformer active duty Air Force officerwith extensive experience leading hundreds of individuals and multi-functional teams in challenging international environments, including a combat tour to Afghanistan in 2011 supporting Operation ENDURING FREEDOM. 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. we represent clients nationwide. You dont want to miss out on the full benefit that you deserve. Camp Lejeune Lawsuit. 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. Both of these conditions can contribute to the accelerated aging of your cervical spine. Your spine may become unstable if theres abnormal (or excessive) motion between two vertebrae. All Rights Reserved. The quick and intense movement can traumatize the surrounding muscles and tendons, resulting in cervical strain. These all involve the back bending in ways that it shouldnt. There are several different kinds of back disabilities that can earn a VA disability rating. 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. You will also need a copy of your operative report from the surgeon who performed your spinal fusion surgery. If the veteran uses any assistive devices, specify the condition, indicate the side, and identify the assistive device used for each condition. The combined range of motion of the cervical spine not greater than 170 degrees; or. The ratings range from 10% (minor afflictions) to 100% (significant impairment of the entire spine). 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%. You might be able to lean right and left 30 just fine. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232 How to Apply for Benefits After a Spinal Fusion. Surgeries, such as spinal fusion, discectomy, and laminectomy; . Remember, if you have any questions, we encourage you to contact us for support. . How to File a Claim on VA.gov (step-by-step)! You DESERVE a HIGHER VA rating.WE CAN HELP. Spinal Fusion VA Disability Rating - Hill & Ponton, P.A. Neck arthritis can also spread to affect other parts of the body. If you believe you can make an argument to change VAs mind, it may be worthwhile to pursue a different decision. #21. Take advantage of a FREE VA Claim Discovery Call. Expand Table Amputations: Lower Extremity Neck muscle injuries. Asthma secondary to Depression. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 Neck conditions typically affect the cervical spine, which consists of seven bones (vertebrae) that are separated by intervertebral discs. yet assertive representation for our clients. Spinal fusion is a surgical procedure that involves joining two or more vertebrae together. I am now going to have three . Even after you get your rating decision, run it by some certified VA lawyers to catch any mistakes the VA made with your records. Spinal weakness or instability. Combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees; or. 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. The older the veteran gets, the more of these they will have. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. 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. Cervical spine forward flexion of 15 or less or favorable ankylosis of the entire cervical spine. Second, youll need evidence that the spinal fusion is caused by your back condition that is related to your service. If youre still experiencing pain, that could warrant a higher disability rating. 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. One part of my claim that is 8 years old which is on remand is just what your saying total fusion of the spine. Hill & Ponton P.A. This level can also have muscle spasms, muscle guarding, and pain without abnormal gait or curves. 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. In this guide, well explore how to get a Cervicalgia VA Rating (Neck Pain) even if youve already filed or been denied VA benefits in the past. You have nothing to risk except knowing that you had professionals working hard on your case. 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. One of the nice things about these VA ratings is that they do not require you to have pain, radiculopathy, stiffness, or even aches. Use tab to navigate through the menu items. Another common secondary disability is Radiculopathy secondary to Back and Neck Pain. These secondary conditions can be claimed for additional benefits if the veteran is able to prove that they resulted from the primary condition. 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! Lumbosacral, Cervical Strain, or Cervicalgia are the medical terms used to describe Neck Pain.. Those nerves can also affect your digestive system, bowels, the whole bit down there. Rather, they are added using VA math. What is VA rating for cervicalgia ? VA disability rating for neck pain Muscle guarding can happen to resist pain or other signals from the sensory nerves in your back. The veteran continues to prove service connection by submitting evidence that proves their neck pain interferes with their daily life. 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. There must be clear evidence that the veterans pain causes functional impairment or loss. 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! Youll be measured at your C&P exam to see how much you can bend at the waist and at the neck. 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. Lateral flexion is leaning right and left but rotation is also measured. Asthma secondary to Anxiety. 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. How to Get Disability for Spinal Fusion (Updated for 2023) It can show up between multiple vertebrae, so your doctor can split up your diagnosis into multiple regions. You may be owed compensation. The ratings range from 10% (minor afflictions) to 100% (significant impairment of the entire spine). Cervical Fusion - Veterans Benefits Network Neck pain can also be caused by pinching from disc compression or the growth of osteophytes. The VA assigns a rating to spinal fusion in the same way it rates other diseases of the spine, basing their rating on a veteran's range of motion as defined by 38 CFR 4.71a, Schedule of Ratings - Musculoskeletal System (Diagnostic Code 5241). VA Disability Rating for Neck Pain: Cervical Spine, Neck Arthritis, Radiculopathy and Cervicalgia VA. The highest scheduler rating for severe neck pain is 100%, which means your entire spine is frozen in an unfavorable position. If youve had a spinal fusion, you may wonder if youre eligible for disability benefits from the Department of Veterans Affairs (VA). You're not alone. 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. Veterans who have had spinal fusion surgery are potentially eligible for VA benefits relating to the spinal fusion. Already working with us? Veterans must prove secondary service connection if their first service-connected condition causes a different disability or makes an existing disability worse. If there is no diagnosis, a veteran will still need to show VA that connection. Theyll also look at whether or not youre still experiencing pain despite having undergone surgery. First, You will need a current diagnosis for a spinal condition that necessitates spinal fusion as treatment. You can also appeal this decision to fight for a higher VA disability rating for your neck pain. You have no range of motion. Substantially gainful employment is any non-temporary, non-seasonal job that provides enough money for an individual to live a certain quality of life. Most veterans with ankylosis dont get much over 50%. Additionally, thoracolumbar combined movement should be less than 120, and cervical combined movement should measure less than 170. By joining the vertebrae, the surgeon can stabilize the spine and take pressure off the nerves. 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. Regardless of the veterans current employment status, do the conditions listed in the diagnosis section impact his/her ability to perform any type of occupational task (such as standing, walking, lifting, sitting, etc.)? Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). Each of these veterans benefits have different eligibility criteria so be VA Disability Rating for Cervicalgia: Basic Eligibility Criteria. Estimate your 2023 VA Rating & Compensation for FREE! You can enlist the help of an attorney or disability advocate. Essentially, the more limited you are, the higher your rating will be. The difference is almost $2,700 per year! 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.. VA Disability Rating for Neck Pain: Cervical Spine, Neck Arthritis VA Claims Insider Submits Statement to Senate VA Committee: How to Protect Veterans From Financial Exploitation of Their VA Benefits, Top 72 Federal Veteran Benefits From A to Z (2024 Edition). Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 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. Unlike other disabilities recognized by VA, service connection for neck pain does not necessarily require a current diagnosis. Neck pain refers to the top seven vertebrae of the cervical spine. 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.
va disability rating for cervical spine fusion