That sounds like your lower back has to move less than 30 in each direction since 30+30+30+30=120. #18. C&P exams are typically carried about by a VA physician or other VA-approved health professional. A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide. 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. Whiplash Whiplash happens when the neck experiences a forceful back and forth motion that causes lasting pain. What Does Your VA Disability Rating Mean? 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. VA Disability Benefits for Spondylosis | CCK Law 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. Unfavorable ankylosis of the entire thoracolumbar spine (T10 to L2). 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. 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%. VA Disability Ratings for Neck and Shoulder Pain range from 10% to 100%, with breaks at 20%, 30%, 40%, and 50%. 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. You have nothing to risk except knowing that you had professionals working hard on your case. How to Get a 100 Percent VA Rating (if deserved)! All Rights Reserved. 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. What is the Reasonable Doubt Rule for Neck and Shoulder Pain? This is how much you can bend over forward. Muscle guarding gone wrong can cause a number of disorders in your back. Is the veteran being examined during a flare-up? In such cases, the VA is able to consider certain, Once the VA has acknowledged that your disability is related to servicei.e. During the C&P exam, the practitioner will ask questions about the condition to see how it has changed over time. Your back can even go into an abnormal contour, which simply means its bending in ways it isnt supposed to. Does the veteran have any other neurologic abnormalities or findings related to a cervical spine condition (such as bowel or bladder problems/pathologic reflexes)? Many natural conditions are also accelerated by time spent in the service. 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! Remember, if you have any questions, we encourage you to contact us for support. 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. There are several different kinds of back disabilities that can earn a VA disability rating. You can enlist the help of an attorney or disability advocate. They may also need to wear a back brace. Does the Veteran report flare-ups of the cervical spine? 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! In this article, well explain how the VA rates spinal fusion surgery for disability benefits and what you need to do to apply. Spinal fusion helps correct spinal deformities like a sideways curvature of the spine (scoliosis). They must cause problems doing normal activities. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Getting TDIU for neck pain is often difficult because most of the rating tiers fall below 50%. 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. 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. Asthma secondary to Nasal polyps. Muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis. 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. If yes, provide type of test or procedure, date, and results (brief summary). 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. 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%. Several disabling back conditions can qualify a veteran for VA disability benefits. 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. #17. 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. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. 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. Receiving a 20% disability rating for spinal fusion means that your range of motion is significantly reduced. #20. What Should I Expect at a C&P Exam for Neck Pain? Your spinal discs are critical to the padding between your vertebrae. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. 40% - unfavorable ankylosis of the entire cervical spine; or, forward flexion of the . 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. You may be owed compensation. 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. If you arent using a certified VA disability lawyer like Woods and Woods, make sure you, your VSO, or your friend at the American Legion dont overlook that point. Additionally, they must keep you from working for at least 12 months. Medical records could also be included such as X-rays or MRIs. Additionally, this disability classification requires evidence of muscle spasms or guarding severe enough to cause impaired gait or an abnormal contour of the spine. Although its not always fast, sometimes it can spread within just a few months. The most trusted name in education-based resources for Veterans. More importantly, when both the lumbar spine and cervical spine are affected by spinal stenosis, the two may be . 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. 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. Temporary disability rating after surgery or cast | Veterans Affairs However, you must show that your symptoms are severe. If youre a veteran who has undergone spinal fusion surgery, you may wonder how the VA will determine your disability rating. Forward flexion of the thoracolumbar spine up to 85 degrees or of the cervical spine up to 40 degrees. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098
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