Youll be measured at your C&P exam to see how much you can bend at the waist and at the neck. This article will detail how spinal fusions factor into VA disability ratings and how you can get benefits for your service-related spinal fusion injury. Successful spinal fusion results in the stoppage of motion at these places with the potential use of plates, rods, and screws, providing the patient with stability and back pain relief. When you hurt or feel numb, tell your doctor that youve reached the limit. 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. Spinal Fusion VA Disability Rating - Hill & Ponton, P.A. Certain conditions can cause lasting issues that dont get worse over time. If this is the case, the veteran may be eligible for Total Disability based on Individual Unemployability, or TDIU. All Rights Reserved. Unfavorable ankylosis of the entire thoracolumbar spine. 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. Learn what youve been missingso you can FINALLY get the disability rating and compensation YOU DESERVE! 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. 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. 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. 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. Can You Get Disability for Degenerative Disc Disease and IVDS? 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. Patients will likely need to take it easy and avoid strenuous activity during that time. This condition can be diagnosed by a medical professional. We are sorry that this post was not as useful 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? 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. By joining the vertebrae, the surgeon can stabilize the spine and take pressure off the nerves. 2023 by JVDS. This level is basically less flexion: 30-60 degrees of flexion for the lower to middle back and 15-30 degrees for your neck. HIRE THEM! In selected cases, some surgeons use a synthetic substance instead of bone grafts. Neck injuries can even be caused by sitting still for too long. A number of them require surgery to correct the problem. 1115) Expand Table Amputations: Upper Extremity 1 Entitled to special monthly compensation. San Jose, CA: 2880 Zanker Road, Ste. Use our VA disability calculator to estimate your combined VA rating and monthly payment. Many of the angles in the chart above relate to forward flexion. They may also need to wear a back brace. Take advantage of a FREE VA Claim Discovery Call. 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. 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. It can show up between multiple vertebrae, so your doctor can split up your diagnosis into multiple regions. If you continue to use this site we will assume that you are happy with it. How to Get a 100 Percent VA Rating (if deserved)! Neck arthritis can also spread to affect other parts of the body. Surgeries, such as spinal fusion, discectomy, and laminectomy; . From a VA disability perspective, this can help you get a permanent rating. 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.. The main determining factor is how much of a Range Of Motion (ROM) you have. If you believe you can make an argument to change VAs mind, it may be worthwhile to pursue a different decision. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 What Does Your VA Disability Rating Mean? Does the veteran have imaging evidence of a cervical vertebral fracture with loss of 50 percent or more of height? 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. What is the Reasonable Doubt Rule for Neck and Shoulder Pain? It can provide significant relief for the patient. 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! Disability Benefits by Percentage Rating and Dependent Status (As of 2020) Causes of Spinal Stenosis Causes can include herniated or bulging spinal discs. 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. These diagnosed and service-connected disabilities can get you a higher rating. That means everything from the middle of your backpack and bra strap down. This is how much you can bend over forward. Contact Us This device accurately assesses how far individuals are capable of bending or moving their joints. It may take four to six weeks to get back to doing simple activities of daily living. When a veteran files a claim for their disability, they must establish a primary service connectionwith or without a diagnosis. 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. 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. 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. If you cannot work or earn a living due to your condition, you may be eligible for a 100% disability rating. 10% - forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees; or, combined range of motion of the thoracolumbar spine greater than 120 degrees but not greater than 235 degrees. Other valuable types of evidence are lay statements and buddy statements. The surrounding muscles, bones, and tendons can cause muscle weakness, sharp pain, and numbness. Veterans who have had spinal fusion surgery are potentially eligible for VA benefits relating to the spinal fusion. Intervertebral Disc Syndrome (IVDS) is a back condition in which an intervertebral disc or disc fragments are displaced at any level of the spine: lumbar, cervical, or thoracic. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. Rating. yet assertive representation for our clients. Forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees; or. Confidential or time-sensitive information should not be sent through this form. 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%. Most veterans with ankylosis dont get much over 50%. There is another level to VA disability if the veteran experiences secondary conditions. The difference is almost $2,700 per year! 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. Symptoms often get worse over time and are caused by an individual performing the same action over and over again. This injury can even require surgery to relieve the pain. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. Many natural conditions are also accelerated by time spent in the service. VA Ratings for Spondylosis. Yes, Back Pain is a VA disability. If abnormal ROM, does the range of motion itself contribute to a functional loss? Herniated disk. Where there are additional disabilities rated 50% or 100%, or anatomical or loss of use of a third extremity see 38 CFR 3.350 (f) (3), (4) or (5). Due to the veterans cervical spine condition, is there functional impairment of an extremity such that no effective function remains other than that which would be equally well served by an amputation with prosthesis? If the shock absorbers are removed you wont have space to pinch nerves. 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). Additionally, they must keep you from working for at least 12 months. 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. 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. VA Disability Ratings for Back Pain Explained (The Definitive Guide) This means your spine is frozen in an unfavorable position. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. When in doubt, the benefit is ALWAYS given to the veteran. Please call for an appointment before visiting: Mail Processing Center: P.O. Click HERE for the C&P Examiners Guide to Spine Examinations. Deland, FL: 1607 South State Road 15A Suite 12 Deland, FL 32720, Satellite Offices Veterans must present a current diagnosis, a document detailing an in-service event, and a medical nexus that connects the current diagnosis to the in-service event or cause. If you believe you deserve a higher rating than the VA has given you, you have the right to appeal their decision. This is Favorable or Unfavorable Ankylosis. We hope this guide has been helpful. Your back can even go into an abnormal contour, which simply means its bending in ways it isnt supposed to. If your back does this when you move, your back is guarding. The VA rates Cervicalgia under CFR Title 38, Part 4, Schedule for Rating Disabilities, General Rating Formula for the Spine as follows. Its imperative to understand these ratings as they determine the benefits you are entitled to. Learn what youve been missing so you can FINALLY get the disability rating and compensation youve earned for your service. Spinal fusion is a surgical procedure that involves joining two or more vertebrae together. Expand Table Amputations: Lower Extremity Rather, they are added using VA math. 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. Any injury that is documented while an individual is enlisted is eligible for service connection. #8. The VA rating for unfavorable ankylosis of the entire cervical spine is 40%. Youll want to try your hardest, but be honest with the doctor about where you feel pain or numbness in your arms and legs. Brain and Spinal Cord Disabilities (38 CFR 4.124a). Hill & Ponton P.A. Is Favorable Ankylosis Better than Unfavorable Ankylosis? Deformities of the spine. VA Disability Rating for Neck Pain: Cervical Spine, Neck Arthritis, Radiculopathy and Cervicalgia VA. Does the Veteran report flare-ups of the cervical spine? Your spinal discs are critical to the padding between your vertebrae. Getting TDIU for neck pain is often difficult because most of the rating tiers fall below 50%. 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. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 If yes, is degenerative or post-traumatic arthritis documented? Asthma secondary to GERD (acid reflux or heartburn) Asthma secondary to Obstructive Sleep Apnea. 5 Basic Rules to get VA Disability for Back Problems Each of those additional problems might carry their own VA rating, so get ready for some VA math! You can do this by filing a Higher Level Review or a Supplemental appeal. All Rights Reserved. What is VA rating for cervicalgia ? VA disability rating for neck pain This means your mid and upper back is frozen in an unfavorable position. 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. If youre seeking a VA disability rating for spinal fusion as a result of spinal fusion surgery, you will need to provide certain pieces of evidence to support your claim. This occurs when a veteran is unable to perform with the same strength and endurance as before the condition. We have recovered entitlements for clients after the VA made a wrong decision decades ago! Any direction of stiffness that is not straight up is considered unfavorable ankylosis. If yes, provide type of test or procedure, date, and results (brief summary). IVDS can cause chronic pain in the back, usually made worse by prolonged sitting or bending. 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. Essentially, the more limited you are, the higher your rating will be. #14. #17. Intervertebral Disc Syndrome (also known as IVDS) is a back condition involving the intervertebral disc or disc fragments. Intervertebral disc syndrome is a common cause of back pain. VA Ratings for Intervertebral Disc Syndrome - Hill & Ponton, P.A. You need to see your doctor at least yearly to check on your back. At VA Claims Insider, were here to walk you through everything you need to know, including how to file your VA claims. Please complete this form to send us your message. United States. Most neck injuries follow the same diagnostic criteria. The highest scheduler rating for severe neck pain is 100%, which means your entire spine is frozen in an unfavorable position. What are the VA Disability Ratings for Neck and Shoulder Pain? C&P exams are typically carried about by a VA physician or other VA-approved health professional. Cervical spondylosis, or cervical osteoarthritis, is another serious medical condition that veterans suffer from. 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! Lumbosacral, Cervical Strain, or Cervicalgia are the medical terms used to describe Neck Pain.. Other back issues are rating according to different criteria. 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 Twisting at the hips is also counted in your movement as part of your thoracolumbar spine. Intervertebral Disc Diseases Similar to generative disc disease, these conditions affect the discs between vertebrae, causing pain in the back, arms, neck, and legs. 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. 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. This communication with the firm or any member of the firm does not establish an attorney-client relationship. The older the veteran gets, the more of these they will have. OR the combined range of motion at 120-235 degrees for thoracolumbar or 170-335 degrees for cervical. It can also be difficult if there is no record of the injury you received. Is applying for VA benefits years after service allowed? The VA rating for unfavorable ankylosis of the entire cervical spine is 40%. Only individuals with chronic neck pain will be eligible for VA benefits. How Do I Increase My VA Rating for Neck Pain? 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, Diagnostic Code 5238 Cervical Spine Stenosis The spinal canal narrowing for one reason or another, Diagnostic Code 5242 Degenerative Arthritis of the Spine Pain from the degeneration of the cervical vertebrae. Flexion is how they add up your degrees of movement, as you can see in the diagram below. Medical Criteria Needed to Qualify with Spinal Fusion | Disability Camp Lejeune Lawsuit. Yes it is. Our firm was founded in 1986 in Orlando, Florida. One of the nice things about these VA ratings is that they do not require you to have pain, radiculopathy, stiffness, or even aches. We can look them over to see what other options you have. 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. #9. 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. Asthma secondary to Allergies. 40% - unfavorable ankylosis of the entire cervical spine; or, forward flexion of the . Ankylosis is what this is called when the bones do it themselves. Unfavorable ankylosis of the entire spine due. 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. 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. Well look through your medical records to see any history that points to your back injury. 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%. Lay statements come from family members or the veteran themselves, and simply detail more information about how the veterans daily life is affected by the disability. Cervical spine forward flexion of 15 or less or favorable ankylosis of the entire cervical spine. You might wonder whether or not a veteran can get increased disability benefits from the VA due to spinal fusion surgery. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. Ankylosis can be diagnosed with X-Rays and no other symptoms of pain or tenderness. These cervical bone spurs can cause neck pain and weakness in the shoulders and arms. Spinal fusion can be used to restore spinal stability. The goal of spinal fusion surgery is to relieve the pain that these veterans are experiencing. 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? 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. VA Disability Ratings for Spinal Stenosis - Hill & Ponton, P.A. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. When judging the veterans range of motion, doctors measure the maximum angle of movement before you experience pain. These secondary conditions can be claimed for additional benefits if the veteran is able to prove that they resulted from the primary condition. Spinal weakness or instability. They both refer to your back being stuck in a way that you cant move around. Bone spurs or osteophytes can grow on bones and cause joints to enlarge. The VA can give you a rating for unfavorable ankylosis of the thumb and any finger. For a 20% VA Disability rating, you have to have less than 120 degrees of combined flexion in your thoracolumbar spine. Forward flexion of the cervical spine 15 degrees or less; or, favorable ankylosis of the entire cervical spine. Hire a VA disability lawyer to help you determine whether or not a secondary condition is eligible for VA service connection. However, you must show that your symptoms are severe. You may be owed compensation. Theyll also look at whether or not youre still experiencing pain despite having undergone surgery. you have shown that there is was an incident in service and that you have a current disability. You can enlist the help of an attorney or disability advocate. In this article, well explain how the VA rates spinal fusion surgery for disability benefits and what you need to do to apply. #16. ), Intervertebral Disc Syndrome (here it is again! I am now going to have three . This is done to decrease the damage, pain, and discomfort that a disease or injury causes. Your backbones might be fused together or about to be because of ankylosis, but you at least look normal when you stand or sit. 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). #20. VA Disability Ratings for Spinal Stenosis | CCK Law 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. 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. Neck pain is known to cause migraines, sleep issues, and radiculopathy. Second, youll need evidence that the spinal fusion is caused by your back condition that is related to your service. (cervical) part of the . Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 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. Its important to ensure that your ratings are accurate, especially if they worsen, as an increase as small as 10% is the difference between thousands of dollars a year. 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. The disability ratings for spinal diseases range from 10% for minor conditions to 100% for . What Should I Expect at a C&P Exam for Neck Pain? A C&P exam for Cervicalgia (Neck Pain) involves a series of questions, to include a physical examination, diagnostic testing (X-Ray, if none have been performed), and a Range of Motion (ROM) test with a Goniometer. They will review your records to see if you have any other impairments contributing to your overall condition. For example, if you also have arthritis, the VA might factor that into your rating. What Are the VA Ratings for Ankylosis, Favorable or Unfavorable? Recovery time from either a surgery or the immobilization of a joint by a cast without surgery requires a temporary 100% disability rating for a service-connected disability. It may take six months to a year to fully recover from the surgery. 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. we represent clients nationwide. Combined range of motion of the cervical spine greater than 170 degrees but not greater than 335 degrees; or. You can also apply in person at your nearest Social Security office. Does the veteran have any other signs or symptoms of radiculopathy? Secondary conditions such as an altered gait, trouble eating, or difficulty swallowing can also contribute to a higher VA disability rating. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Whiplash Whiplash happens when the neck experiences a forceful back and forth motion that causes lasting pain. Ankylosis can occur anywhere in your body where there is a joint. When determining your rating, the VA will consider your entire medical history, not just your spinal fusion surgery. 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. Neck conditions typically affect the cervical spine, which consists of seven bones (vertebrae) that are separated by intervertebral discs. Neck Pain is the #5 most claimed VA disability. Of course, a limited range of motion is not the only way to get VA disability for back problems. Combined Range of Motion vs Flexion of 60%, Muscle Guarding and Abnormal Curves of the Spine, We know VA Disability Law can be a Pain in the Neck, More about VA Disability for Spine and Back Pain, 38 CFR 4.71a Schedule of ratings musculoskeletal system, Use our VA disability calculator to estimate your. Nerve Pinches This condition occurs when too much pressure is applied on a nerve. 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? Several disabling back conditions can qualify a veteran for VA disability benefits. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 #19. Intervertebral Disc Syndrome (IVDS) and VA Disability More importantly, when both the lumbar spine and cervical spine are affected by spinal stenosis, the two may be . Forward flexion of the thoracolumbar spine up to 85 degrees or of the cervical spine up to 40 degrees. What are the initial ROM measurements?
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