va disability rating for cervical spine fusion
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? #17. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Neck injuries can even be caused by sitting still for too long. This means that a 10% VA disability rating for spinal stenosis plus 60% VA disability rating for peripheral nerve disability in an arm will produce an overall VA disability rating of 60%. 17 posts . Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. Your back can even go into an abnormal contour, which simply means its bending in ways it isnt supposed to. 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. The same veteran with a 100% disability rating would receive $3,106.04. When a veteran files a claim for their disability, they must establish a primary service connectionwith or without a diagnosis. Neck arthritis can also spread to affect other parts of the body. How to File a Claim on VA.gov (step-by-step)! 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. All Rights Reserved. yet assertive representation for our clients. Learn what youve been missingso you can FINALLY get the disability rating and compensation YOU DESERVE! 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%. You have no range of motion. Other back issues are rating according to different criteria. All Rights Reserved. Regardless of the cause, VA disability for neck pain is awarded to those injured while serving. I am now going to have three . Click HERE for the C&P Examiners Guide to Spine Examinations. Applying for VA Benefits Years After Service: Is It Allowed? 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. #20. VA ratings for neck pain require an accurate Range of Motion (ROM) test of the flexion extension, lateral flexion, and rotation of the head. 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. Okay, lets explore how to get a VA Rating for Neck Pain as well as what you can expect at a C&P exam for your neck and shoulder. The VA calculates the amount of disability compensation according to how significantly a spine condition affects the range of motion. 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. The highest scheduler rating for severe neck pain is 100%, which means your entire spine is frozen in an unfavorable position. Does the veteran have any other neurologic abnormalities or findings related to a cervical spine condition (such as bowel or bladder problems/pathologic reflexes)? A current diagnosis of a back condition that necessitates a spinal fusion, A medical nexus (i.e. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Some veterans are bent over sideways but can still walk around with a cane. OR the combined range of motion at 120-235 degrees for thoracolumbar or 170-335 degrees for cervical. Unfavorable ankylosis of the entire spine. Back pain typically refers to injuries in the lower half of the spine or the thoracolumbar section. 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. They may also need to wear a back brace. You always have other options. 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. The problem is when this happens just by walking, sitting, or moving around normally. One of the nice things about these VA ratings is that they do not require you to have pain, radiculopathy, stiffness, or even aches. 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. 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. 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. Lumbar and Cervical Radiculopathy VA Benefits - Woods and Woods, LLC we represent clients nationwide. 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. VA Disability Rating for Neck Pain | The Tuley Law Office 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. What Should I Expect at a C&P Exam for Neck Pain? Cervical spine forward flexion of 15 or less or favorable ankylosis of the entire cervical spine. 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.. You get the rating for other conditions that fall under that category based on pain, restricted movement, or the nervous system problems mentioned above. VA Disability Rating For Spinal Fusion (2023 Guide) Fill out the short form below to contact us. Once the VA granted a service connection, a percentage rating will be assigned. We are sorry that this post was not as useful for you! Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. As with most back disabilities, the VA puts a lot on the level of flexion you have. Cervical spine forward flexion of 15 or less or favorable ankylosis of the entire cervical spine, Intervertebral Disc Syndrome (this will be on both lists! Asthma secondary to Depression. It may take six months to a year to fully recover from the surgery. 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%. The surgery begins with the surgeon making an incision in the patients back. As a fellow disabled Veteran this is shameful and Im on a mission to change it. How to Get VA to Grant a Spinal Fusion Disability Rating The examiner will also test physical range of motion using a goniometer. This level can also have muscle spasms, muscle guarding, and pain without abnormal gait or curves. If you continue to use this site we will assume that you are happy with it. 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. You can also apply in person at your nearest Social Security office. How Do I Increase My VA Rating for Neck Pain? We have recovered entitlements for clients after the VA made a wrong decision decades ago! Does the veteran have any additional contributing factors of a neck and shoulder disability? Spinal fusion helps correct spinal deformities like a sideways curvature of the spine (scoliosis). This can all be amplified by long caravans on bumpy roads, carrying 100 pounds of the worlds lightest equipment every day. What Are the VA Ratings for Ankylosis, Favorable or Unfavorable? Gathering all of your medical documents that detail the development of your pain and symptoms should be your first step. If youre applying for VA disability benefits and youve had spinal fusion surgery, you should definitely include that information in your claim. IVDS is one of the more difficult, while radiculopathy or ankylosis is easier. Neck Conditions: How To Get VA Disability - The Veterans Law Office VA Disability Claims (General) > Cervical Fusion. Have imaging studies of the cervical spine been performed in conjunction with this examination? 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. All Rights Reserved. This injury can even require surgery to relieve the pain. Neck pain is known to cause migraines, sleep issues, and radiculopathy. 40% - unfavorable ankylosis of the entire cervical spine; or, forward flexion of the . If any limitation of motion is specifically attributable to pain, weakness, fatigability, incoordination, or other; please note the degree(s) in which limitation of motion is specifically attributable to the factors identified and describe. The more you are immobilized, the more your VA rating will increase. This occurs when a veteran is unable to perform with the same strength and endurance as before the condition. The courts further likened the reasonable doubt rule as akin to the principle in baseball that the tie goes to the runner.. IVDS can also cause nerve pain in the legs and arms, depending on where the . There are several different kinds of back disabilities that can earn a VA disability rating. The problem that develops later, though, is that the rest of your vertebrae are picking up the slack and absorbing more shock. Spinal Stenosis VA Disability Benefits - Woods and Woods, LLC, Veterans His frustration with the8-step VA disability claims processled him to createVA Claims Insider,which provides U.S. military veterans with tips, strategies, and lessons learned for successfully submitting or re-submitting a winning VA disability compensation claim. Does the Veteran report flare-ups of the cervical spine? Lower to mid-back flexion is limited to between 30 and 60, and the range in your neck is 15-30. Yes, Back Pain is a VA disability. We can look them over to see what other options you have. Veterans are exposed to numerous events which can cause lasting neck injuries. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. The combined range of motion, however, is found by adding your degree of flexion in all four directions. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. 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? You can see that IVDS ratings are all riding on the number of time your back pain is so severe that you are laid out. Here one of our VA disability lawyers goes over the questions Woods and Woods, The Veterans Firm, is often asked about veterans disability claims and appeals. Philadelphia, PA: 1 International Plaza, Suite 550, Philadelphia, PA, 19113 That extra wear and tear on your other discs will make them deteriorate faster and require more future care. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 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. They will also consider your age, education, and employment history. Receiving a 20% disability rating for spinal fusion means that your range of motion is significantly reduced. 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. The following are a list of common questions asked at a C&P exam for Neck Pain: #1. However, its important to remember that the VA will not automatically award a rating just because youve had spinal fusion surgery. Intervertebral Disc Syndrome (IVDS) and VA Disability Your spinal discs are critical to the padding between your vertebrae. The ratings range from 10% (minor afflictions) to 100% (significant impairment of the entire spine). Pain in the neckor cervicalgiais recognized by VA as a disability that should be compensated if caused by military service. Just like driving a truck with bad shocks, that bumpy ride on your back wears out the equipment really quick. Copyright 2023 VA Claims Insider, LLC. 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. First, you need to know that the VA will not automatically give you a 100% disability rating just because youve had spinal fusion surgery. ), Intervertebral Disc Syndrome (here it is again! The surrounding muscles, bones, and tendons can cause muscle weakness, sharp pain, and numbness. VA Disability for Spinal Fusion - Vet 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. 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. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton, P.A. This is Favorable or Unfavorable Ankylosis. There are a lot of things like falls, impacts, heavy lifting, and other activities that can be service-connected to your injury. This Firm is So Good at what they do! Your diagnosis and rating may not be permanent, since you may be able to gain movement again with physical therapy or surgery, but you can at least get awarded for 5-10 years before being called for a review. Veterans must prove secondary service connection if their first service-connected condition causes a different disability or makes an existing disability worse. The VA rating for unfavorable ankylosis of the entire cervical spine is 40%. Disc injuries like herniated discs cause weakness, pain, and numbness. You're not alone. Since that time, we have provided compassionate This level is basically less flexion: 30-60 degrees of flexion for the lower to middle back and 15-30 degrees for your neck. Cervical spondylosis, or cervical osteoarthritis, is another serious medical condition that veterans suffer from. 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). For example, as a veteran begins to develop arthritis in the neck, old neck injuries from the military can start to cause more pain. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 If abnormal ROM, does the range of motion itself contribute to a functional loss? The Department of Veterans Affairs (VA) views conditions of the spine through two main categoriesneck and back. Top 100+ VA Disability List of Secondary Conditions (2022 Edition) The range is determined based on forward, backward, left, and right angles of movement. 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. They keep you informed. These include degenerative disc disease, spondylolisthesis, spinal stenosis, and herniated discs, among others. Other Conditions That Come With Fused Vertebrae Repetitive Strains These injuries can cause aching, cramping, pain, throbbing, and tingling in the upper back.South West Herts Conservative Association Chairman, Did Kathy Scruggs Apologize To Richard Jewell, Articles V