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). They keep you informed. 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. This is how much you can bend over forward. This level is basically less flexion: 30-60 of flexion for the lower to the middle back and 15-30 for your neck. Twisting at the hips is also counted in your movement as part of your thoracolumbar spine. VA Disability Ratings for Spinal Stenosis - Hill & Ponton, P.A. Although cervical spondylosis is just a term to explain aging, if it happens faster than its supposed to, you may be eligible for VA compensation. Have imaging studies of the cervical spine been performed in conjunction with this examination? These physical demands take their toll on the spine, and it is not uncommon for our veterans to find themselves dealing with back pain that hinders their quality of life. The more educated and prepared you are with your claim and getting the right evidence to submit a fully developed claim, the better your chances of getting the benefits you deserve. I am now going to have three . VA disability will not be awarded to those who cannot prove they have long-lasting or recurring issues. Unfavorable ankylosis of the entire thoracolumbar spine (T10 to L2). 5 Basic Rules to get VA Disability for Back Problems Disc injuries like herniated discs cause weakness, pain, and numbness. 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. 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. We consistently provide experienced, compassionate and ethical representation to our clients. 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. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). Its no secret that many veterans suffer back pain from spinal injuries. These cervical bone spurs can cause neck pain and weakness in the shoulders and arms. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 Each of those additional problems might carry their own VA rating, so get ready for some VA math! Regardless of the cause, VA disability for neck pain is awarded to those injured while serving. You're not alone. The highest scheduler rating for neck pain is 100 percent, which means your entire spine is frozen in an unfavorable position. You Might Also Like the Following Blog Posts: Cervicalgia is the formal term used to describe Neck Pain.. The surrounding muscles, bones, and tendons can cause muscle weakness, sharp pain, and numbness. The rules of the VA's Schedule for Rating Disabilities (VASRD) are used to assign rating percentages to conditions. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. VA Disability Benefits for Spondylosis | CCK Law VA ratings for back pain require an accurate Range of Motion (ROM) test of the flexion extension, lateral flexion, and rotation of the spine. 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. If your back does this when you move, your back is guarding. The most trusted name in education-based resources for Veterans. Combat and deployment do not factor into this decision, so even car wrecks that happen on leave are considered viable. VA Ratings for Spondylosis. #6. Function: Postural support of body; extension and lateral movements of spine. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. Nerve Pinches This condition occurs when too much pressure is applied on a nerve. Without it, your claim will be automatically denied. Does procured evidence (statements from the veteran) suggest pain, fatigability, weakness, lack of endurance, or incoordination which significantly limits functional ability with repeated use over time? You might wonder whether or not a veteran can get increased disability benefits from the VA due to 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. 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. Well address that elsewhere, but for the purposes of this article, well focus only on the back. How to Get a 100 Percent VA Rating (if deserved)! Yes! An injury or being in a long-term sedentary state can aggravate your joints and make them fuse together. 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). Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. #16. Obtaining Cervicalgia VA Disability Ratings. 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. The older the veteran gets, the more of these they will have. Medical Criteria Needed to Qualify with Spinal Fusion | Disability Does the Veteran report flare-ups of the cervical spine? 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. Cervical spine forward flexion of 15 or less or favorable ankylosis of the entire cervical spine. The more you are immobilized, the more your VA rating will increase. 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 youve had a spinal fusion, you may wonder if youre eligible for disability benefits from the Department of Veterans Affairs (VA). you have shown that there is was an incident in service and that you have a current disability. In most cases, the spinal cord is damaged but still intact so the individual merely loses some However, the spinal cord can sometimes be severed completely or traumatized by gunshot wounds, serious falls, and car accidents. Those who have this condition will usually find that it is made . 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. VA Disability Ratings for Spinal Fusion - Woods and Woods, LLC 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? Once thats done, the surgeon will place bone grafts or metal rods and screws between the vertebrae to hold them together while they heal. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. Neck Pain is the #5 most claimed VA disability. Is Favorable Ankylosis Better than Unfavorable Ankylosis? You can enlist the help of an attorney or disability advocate. IVDS is one of the more difficult, while radiculopathy or ankylosis is easier. 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. Spondylosis is rated as a back condition, meaning it can be rated using any diagnostic code between Diagnostic Code 5235 and Diagnostic Code 5243. . These synthetic substances help promote bone growth and speed the fusion of the vertebrae. 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. Take advantage of a FREE VA Claim Discovery Call. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. 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. Unfavorable ankylosis of the entire thoracolumbar spine. Its imperative to understand these ratings as they determine the benefits you are entitled to. 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. The Back and Spine - Military Disability Made Easy All Rights Reserved. If your VA claim is denied and you believe a mistake was made, you are allowed to appeal the decision. Muscle guarding is a reflex of your muscles to tense up in anticipation of something. Gathering all of your medical documents that detail the development of your pain and symptoms should be your first step. If you believe you can make an argument to change VAs mind, it may be worthwhile to pursue a different decision. Does the veteran have any other neurologic abnormalities or findings related to a cervical spine condition (such as bowel or bladder problems/pathologic reflexes)? They will review your records to see if you have any other impairments contributing to your overall condition. What is the VA Disability Rating for Neck Pain? You have virtually no range of motion. 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. When in doubt, the benefit is ALWAYS given to the veteran. 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. In the VA rating system, orthopedic conditions affecting the spine are separated into neck conditions and back conditions. Some veterans are bent over sideways but can still walk around with a cane. Every back pain claim should be reviewed as a possible TDIU claim. 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. Copyright 2023 VA Claims Insider, LLC. #3. 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. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 VA Disability Rating for Spinal Fusion Explained | CCK Law Applying for VA Benefits Years After Service: Is It Allowed? Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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%. Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. 50. The tiers work their way up from 10%, 20%, 30%, 40%, and 50% and then jump all of the way up to 100%. Intervertebral Disc Syndrome (also known as IVDS) is a back condition involving the intervertebral disc or disc fragments. If the veteran uses any assistive devices, specify the condition, indicate the side, and identify the assistive device used for each condition. The VA rating for unfavorable ankylosis of the entire cervical spine is 40%. Spinal fusion can happen naturally or surgically. Any injury that is documented while an individual is enlisted is eligible for service connection. C&P exams are typically carried about by a VA physician or other VA-approved health professional. IVDS can cause chronic pain in the back, usually made worse by prolonged sitting or bending. Contact Us #10. This occurs when a veteran is unable to perform with the same strength and endurance as before the condition. Spinal Cord Injuries These are very serious injuries that can result in a loss of motion or feeling in the body. Unfavorable ankylosis of the entire spine. The VA rates Cervicalgia under CFR Title 38, Part 4, Schedule for Rating Disabilities, General Rating Formula for the Spine as follows. This condition can be diagnosed by a medical professional. Other Conditions That Come With Fused Vertebrae Top 100+ VA Disability List of Secondary Conditions (2022 Edition) Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. 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.. One of the nice things about these VA ratings is that they do not require you to have pain, radiculopathy, stiffness, or even aches. 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 Can I still apply for VA benefits even though I left the military years ago? The main determining factor is how much of a Range Of Motion (ROM) you have. #13. Disability Benefits by Percentage Rating and Dependent Status (As of 2020) Causes of Spinal Stenosis Causes can include herniated or bulging spinal discs. 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 Disability Rating for Neck Pain | The Tuley Law Office 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 VA Disability Ratings for Neck Injuries Work. What Are the VA Ratings for Ankylosis, Favorable or Unfavorable? ), Disabling spinal contours like being hunchback or kyphosis. 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. Many natural conditions are also accelerated by time spent in the service. If yes, is degenerative or post-traumatic arthritis documented? Estimate your 2023 VA Rating & Compensation for FREE! Combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees; or. The VA only gives a 50% rating if you have unfavorable ankylosis of the entire thoracolumbar spine. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 By joining the vertebrae, the surgeon can stabilize the spine and take pressure off the nerves. The VA can give you a rating for unfavorable ankylosis of the thumb and any finger. HIRE THEM! 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. Other back issues are rating according to different criteria. Yes, sort of. 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. 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%. In this article, well explain how the VA rates spinal fusion surgery for disability benefits and what you need to do to apply. To assess a veterans neck pain and the potential connection to an in-service event, VA is allowed to request a compensation and pension (C&P) exam. Because so much goes on inside of your neck, the ratings for neck problems go up fast. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 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. 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. This is because the VA will only pay benefits for injuries that occurred during or as a result of military service. 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. Temporary disability rating after surgery or cast | Veterans Affairs The goal of the surgery is to stabilize the spine and relieve pain. Unfavorable ankylosis of the entire thoracolumbar spine. We hope this guide has been helpful. For example, if you also have arthritis, the VA might factor that into your rating. 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. Feel free to call us at (866) 232-5777 anytime. 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. Favorable ankylosis is when the spinal fusion does not result in changes to posture or standing/sitting form. yet assertive representation for our clients. When a veteran files a claim for their disability, they must establish a primary service connectionwith or without a diagnosis. 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. Copyright 2023 VA Claims Insider, LLC. 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. Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. 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. Your back can even go into an abnormal contour, which simply means its bending in ways it isnt supposed to. A current diagnosis of a back condition that necessitates a spinal fusion, A medical nexus (i.e. OR the combined range of motion at 120-235 degrees for thoracolumbar or 170-335 degrees for cervical. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. A soldier who has Cervicalgia may be able to get compensation from the VA in one of these ways: If a normal spine rating indicates a grade of 10 percent, 20 percent, 30 percent, 40 percent, 50 percent, or 100 percent, and neck discomfort (neck pain) is classed as a secondary service link, the patient . Unfavorable ankylosis of the entire spine due. 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. Lumbar and Cervical Radiculopathy VA Benefits - Woods and Woods, LLC Flexion is how they add up your degrees of movement, as you can see in the diagram below. Cervical Fusion - Veterans Benefits Network . VA ratings for neck problems go up fast because so much goes on inside your cervical spine. Surgeries, such as spinal fusion, discectomy, and laminectomy; . Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 Ankylosis can be diagnosed with X-Rays and no other symptoms of pain or tenderness. For a 20% VA Disability rating, you have to have less than 120 degrees of combined flexion in your thoracolumbar spine. Rating. Yes it is. These injuries can be caused by a variety of factors. Is the veteran being examined during a flare-up? 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. Neck injuries can even be caused by sitting still for too long. 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. There are a lot of other ailments that are classified under IVDS, and you may have better luck getting one of those service-connected instead of general IVDS. Phoenix, AZ: One Renaissance Tower, Two North Central Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Essentially, the more limited you are, the higher your rating will be. Asthma secondary to Nasal polyps. They both refer to your back being stuck in a way that you cant move around. As they fail, the nerves they protect can cause numbness, pain, or paralysis in your hands and feet. Second, youll need evidence that the spinal fusion is caused by your back condition that is related to your service. Disability rates for the 70% to 100% ratings differ a bit from the 30-60% ratings in how bonuses are allocated based on dependents. 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. Share with: Link: Copy link. 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. If abnormal ROM, does the range of motion itself contribute to a functional loss? 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! 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. VA Disability Claims (General) > Cervical Fusion. Brian isalso the CEOofMilitary Disability Made Easy, which is the worlds largest free searchable database for all things related to DoD disability and VA disability claims and has served more than 4,600,000 military members and veterans since its founding in 2013. Yes, Back Pain is a VA disability. Forward flexion of the thoracolumbar spine up to 85 degrees or of the cervical spine up to 40 degrees. 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. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. That means, depending on your pain and other symptoms, you can have full movement without rotation in your lower back and still be eligible for a 10% VA rating.

Chella Man And Maryv, Sample Letter Requesting Copy Of Insurance Policy, Houston Isd School Choice, Liberia To La Fortuna Driving, Dubois Chemicals Bowling Green, Ky, Articles V