Theyll need to see evidence that the spinal fusion is caused by your back condition and is related to your service. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. 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). Asthma secondary to Nasal polyps. Intervertebral Disc Diseases Similar to generative disc disease, these conditions affect the discs between vertebrae, causing pain in the back, arms, neck, and legs. 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. 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. 50. 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. Unfavorable ankylosis of the entire spine, Unfavorable ankylosis of the entire cervical spine, Favorable ankylosis of the entire cervical spine. Theyll also look at whether or not youre still experiencing pain despite having undergone surgery. #4. It is better for your health to be diagnosed with favorable ankylosis but if you are diagnosed with unfavorable ankylosis, you'll get more money to help you out. Does the veteran have any other signs or symptoms of radiculopathy? Although its not always fast, sometimes it can spread within just a few months. 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. In some cases, the VA may actually decrease a veterans disability rating after spinal fusion surgery if they feel that the veterans overall condition has improved as a result of the surgery. Whiplash Whiplash happens when the neck experiences a forceful back and forth motion that causes lasting pain. The courts further likened the reasonable doubt rule as akin to the principle in baseball that the tie goes to the runner.. Forward flexion of the thoracolumbar spine up to 85 degrees or of the cervical spine up to 40 degrees. Some examples of cervical conditions that are rated under this code include the following: Diagnostic Code 5237 Cervical Strain A torn tendon or muscle in the neck. VA Disability Ratings for Neck Pain Explained | CCK Law If you experience back or neck pain from sitting in a chair for too long, you shouldnt be embarrassed to apply for VA benefits. It can provide significant relief for the patient. 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. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 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. To receive a 100% rating, youll need to prove that your condition is completely disabling and that you cannot work or earn a living in any capacity. Rating. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 Note that a veteran is eligible to be rated for both a neck condition, back condition, and Radiculopathy secondary to multipole extremities. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Does the veteran have muscle atrophy? 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. Gathering all of your medical documents that detail the development of your pain and symptoms should be your first step. The older the veteran gets, the more of these they will have. It also means that every few years you should check with the VA to see if you can get an increased rating. Applying for VA Benefits Years After Service: Is It Allowed? These diagnosed and service-connected disabilities can get you a higher rating. When a veteran files a claim for their disability, they must establish a primary service connectionwith or without a diagnosis. If yes, document the Veterans description of functional loss or functional impairment in his/her own words. Find out how to file a claim for disability compensation. The range is determined based on forward, backward, left, and right angles of movement. #18. The Back and Spine - Military Disability Made Easy 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. Phoenix, AZ: One Renaissance Tower, Two North Central Avenue, 18th & 19th Floor, Phoenix, AZ 85004 Neck pain refers to the top seven vertebrae of the cervical spine. You can enlist the help of an attorney or disability advocate. Use tab to navigate through the menu items. This process starts with the veteran submitting evidence that they experience chronic neck pain. 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. In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. From a VA disability perspective, this can help you get a permanent rating. If youve been diagnosed with any of these conditions and your doctor has recommended spinal fusion surgery, you may be eligible for a VA disability rating. 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. Specifically, VA uses the General Rating Formula for Diseases and Injuries of the Spine as follows: 100% - unfavorable ankylosis of the entire spine Sometimes VA accepts your claim but assigns a lower rating than you may have hoped for. Additionally, they must keep you from working for at least 12 months. 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.)? Asthma secondary to Depression. The VA rates Neck Pain under CFR Title 38, Part 4, Schedule for Rating Disabilities, Diagnostic Code (DC) 5237, Lumbosacral or Cervical Strain. If your VA claim is denied and you believe a mistake was made, you are allowed to appeal the decision. It is common for secondary conditions to occur from orthopedic disabilities. Is applying for VA benefits years after service allowed? One part of my claim that is 8 years old which is on remand is just what your saying total fusion of the spine. 203, San Jose, CA 95134 Veterans who start the application process right away are more likely to get a VA disability rating for their neck pain. 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. #11. These synthetic substances help promote bone growth and speed the fusion of the vertebrae. You have virtually no range of motion. The VA can give you a rating for unfavorable ankylosis of the thumb and any finger. Neck Conditions: How To Get VA Disability - The Veterans Law Office That is considered normal. VA Disability for Spinal Fusion - Vet Learn what youve been missingso you can FINALLY get the disability rating and compensation YOU DESERVE! VA Disability Rating for Neck Pain Criteria VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. 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. United States. You want to see a doctor with a good knowledge of VA disability ratings. In selected cases, some surgeons use a synthetic substance instead of bone grafts. Veterans must prove secondary service connection if their first service-connected condition causes a different disability or makes an existing disability worse. Thousands of other Veterans in our Community are here for you. 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? In the VA rating system, orthopedic conditions affecting the spine are separated into neck conditions and back conditions. Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Copyright 2023 VA Claims Insider, LLC. That sounds like your lower back has to move less than 30 in each direction since 30+30+30+30=120. 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). Unfavorable ankylosis of the entire cervical spine, forward flexion of the thoracolumbar spine of 30 or less, or favorable ankylosis of the entire thoracolumbar spine area. 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. 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. 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. Maybe. What is the Reasonable Doubt Rule for Neck and Shoulder Pain? When in doubt, the benefit is ALWAYS given to the veteran. If youre applying for VA disability benefits and youve had spinal fusion surgery, you should definitely include that information in your claim. What Does Your VA Disability Rating Mean? . The examiner will also test physical range of motion using a goniometer. 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. In general, the more supporting evidence you can provide, the better. 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%. Foraminal Stenosis This is a form of spinal stenosis (narrowing of the spine) that involves the tightening of foramen between bones in the spine. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. 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. Asthma secondary to Anxiety. #Evidence #VAClaims #VAAppeals #Tips #VADisability #Veterans #VARating #vadecision #VAClaim. Your back can even go into an abnormal contour, which simply means its bending in ways it isnt supposed to. Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or. 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. 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. Temporary disability rating after surgery or cast | Veterans Affairs How to Get a 100 Percent VA Rating (if deserved)! Veterans are exposed to numerous events which can cause lasting neck injuries. Top 100+ VA Disability List of Secondary Conditions (2022 Edition) Surgeries, such as spinal fusion, discectomy, and laminectomy; . Neck muscle injuries. HIRE THEM! We have recovered entitlements for clients after the VA made a wrong decision decades ago! Forward flexion of the cervical spine 15 degrees or less; or, favorable ankylosis of the entire cervical spine. VA disability ratings for spinal fusion determine the degree of spine movement possible without intolerable pain. Unfavorable ankylosis of the entire thoracolumbar spine. This prevents pinched nerves, slipped discs, and other IVDS problems. The VA rating for unfavorable ankylosis of the entire cervical spine is 40%. An injury or being in a long-term sedentary state can aggravate your joints and make them fuse together. 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. Its imperative to understand these ratings as they determine the benefits you are entitled to. 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. 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. Only individuals with chronic neck pain will be eligible for VA benefits. Veterans nowadays may have to sit for multiple hours a day. IVDS is one of the more difficult, while radiculopathy or ankylosis is easier. Does the veteran have localized tenderness, guarding or muscle spasm of the cervical spine? 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. Unfavorable ankylosis is when your stuck bent over in any direction. 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. 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. To receive the highest possible disability rating, you must provide the proper evidence to support your claim. San Jose, CA: 2880 Zanker Road, Ste. Both of these conditions can contribute to the accelerated aging of your cervical spine. Unfavorable ankylosis of the entire spine. This condition can be diagnosed by a medical professional. 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. Many of the angles in the chart above relate to forward flexion. These include degenerative disc disease, spondylolisthesis, spinal stenosis, and herniated discs, among others. Difficulty walking because of a limited line of vision, Restricted opening of the mouth and trouble chewing, Gastrointestinal symptoms due to pressure of the, Dyspnea (shortness of breath) or dysphagia (difficulty swallowing), Other neurological symptoms caused by nerve root stretching. You can do this by filing a Higher Level Review or a Supplemental appeal. Although the diagnosis might matter when it comes to conditions that deteriorate with age, such as problems with spinal discs or variations of arthritis, VA typically focuses on symptoms when assigning ratings. Heres the brutal truth about VA disability claims: You Deserve It: The Definitive Guide to Getting the Veteran Benefits Youve Earned, 9 Secrets Strategies for Winning Your VA Disability Claim. The VA rating for unfavorable ankylosis of the entire cervical spine is 40%. Forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees; or. You always have other options. 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. What are the VA Disability Ratings for Neck and Shoulder Pain? Spinal stenosis (diagnostic code 5238): Spinal stenosis is when the spaces in the spine are narrowed and . Second, youll need evidence that the spinal fusion is caused by your back condition that is related to your service. 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%. We hope this guide has been helpful. If your back does this when you move, your back is guarding. VA Ratings for Intervertebral Disc Syndrome - Hill & Ponton, P.A. Click HERE for the C&P Examiners Guide to Spine Examinations. That extra wear and tear on your other discs will make them deteriorate faster and require more future care. Well address that elsewhere, but for the purposes of this article, well focus only on the back. (Authority: 38 U.S.C. 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. Does the veteran have imaging evidence of a cervical vertebral fracture with loss of 50 percent or more of height? 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. My back conditions have worsened. Your spine may become unstable if theres abnormal (or excessive) motion between two vertebrae. 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. 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. 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. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 Camp Lejeune Lawsuit. 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. Veteran with child only (no spouse or parents). First, you need to know that the VA will not automatically give you a 100% disability rating just because youve had spinal fusion surgery. Combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees; or. The problem is when this happens just by walking, sitting, or moving around normally. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 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. 50% - unfavorable ankylosis of the entire thoracolumbar spine. This is done to decrease the damage, pain, and discomfort that a disease or injury causes. But if you cant bend over the normal 90 or bend back the normal 30, you are already getting close to that 120 total. 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. The goal of the surgery is to stabilize the spine and relieve pain. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! The highest scheduler rating for neck pain is 100 percent, which means your entire spine is frozen in an unfavorable position. Spinal fusion is a surgical procedure that involves joining two or more vertebrae together. 5 Basic Rules to get VA Disability for Back Problems If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Symptoms often get worse over time and are caused by an individual performing the same action over and over again. However, that injury may accelerate the aging of your neck. The difference is almost $2,700 per year! It can also be difficult if there is no record of the injury you received. VA Ratings are based on your flexion, or how far you can bend your neck, or they are based on the paralysis in your hands and feet because of your spine problems. Yes! How to Get a 100 Percent VA Rating (if deserved)! 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. We are sorry that this post was not as useful for you! Intervertebral Disc Syndrome (also known as IVDS) is a back condition involving the intervertebral disc or disc fragments. The combined range of motion of the thoracolumbar spine not greater than 120 degrees; or. 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. For a 20% VA Disability rating, you have to have less than 120 degrees of combined flexion in your thoracolumbar spine. Spinal fusion helps correct spinal deformities like a sideways curvature of the spine (scoliosis). They will review your records to see if you have any other impairments contributing to your overall condition. Those who have this condition will usually find that it is made . VA Disability Rating For Spinal Fusion (2023 Guide) You might wonder whether or not a veteran can get increased disability benefits from the VA due to spinal fusion surgery. That means everything from the middle of your backpack and bra strap down. This field is for validation purposes and should be left unchanged. See a doctor familiar with VA disability to explore your symptoms more fully. You Might Also Like the Following Blog Posts: Cervicalgia is the formal term used to describe Neck Pain.. Neck pain can also be caused by pinching from disc compression or the growth of osteophytes. The same veteran with a 100% disability rating would receive $3,106.04. Herniated disk. For example, if you also have arthritis, the VA might factor that into your rating. The VA calculates the amount of disability compensation according to how significantly a spine condition affects the range of motion. The temporary 100% rating may continue for 1 to 3 monthsdepending on your unique case. I have SC for degenerative disc disease in my cervical and lumbar spine, rated at 20% each. 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.. Any injury that is documented while an individual is enlisted is eligible for service connection. #3. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 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. How to File a Claim on VA.gov (step-by-step)! Abnormal contours can cause problems in digestion, breathing, circulation, bowel movements, and more. 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. The problem that develops later, though, is that the rest of your vertebrae are picking up the slack and absorbing more shock. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). Youll want to try your hardest, but be honest with the doctor about where you feel pain or numbness in your arms and legs. VA Disability Rating for Neck Pain | The Tuley Law Office The favorable or unfavorable part refers to what position you are stuck in. Intervertebral disc syndrome is a common cause of back pain. The surgery begins with the surgeon making an incision in the patients back. Dealing with back and spine ailments are hugely detrimental to ones quality of life, and spinal fusion could be a potential solution to some of those symptoms. 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. The following are a list of common questions asked at a C&P exam for Neck Pain: #1. Cervical Neck Fusion and Social Security Disability Most veterans with ankylosis dont get much over 50%. Spondylosis is rated as a back condition, meaning it can be rated using any diagnostic code between Diagnostic Code 5235 and Diagnostic Code 5243. . 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. They will also test your range of motion at different angles to get an accurate picture of your condition. 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. #17. All Rights Reserved. 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. Neck Pain is the #5 most claimed VA disability. Remember, if you have any questions, we encourage you to contact us for support. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 VA ratings for neck pain require an accurate Range of Motion (ROM) test of the flexion extension, lateral flexion, and rotation of the head. You can also apply in person at your nearest Social Security office. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. Veterans who have had spinal fusion surgery are potentially eligible for VA benefits relating to the spinal fusion. 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! Forward flexion of the thoracolumbar spine up to 85 or of the cervical spine up to 40 OR the combined range of motion at 120-235 for thoracolumbar or 170-335 for cervical.