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. General Rating Formula for Diseases and Injuiries of the Spine. 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. VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. Thousands of other Veterans in our Community are here for you. Disability rates for the 70% to 100% ratings differ a bit from the 30-60% ratings in how bonuses are allocated based on dependents. VA disability ratings for spinal fusion determine the degree of spine movement possible without intolerable pain. Other people are bent over frontwards with a hunchback type of posture. Your backbones might be fused together or about to be because of ankylosis, but you at least look normal when you stand or sit. Additionally, thoracolumbar combined movement should be less than 120, and cervical combined movement should measure less than 170. This is Favorable or Unfavorable Ankylosis. 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. 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. 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! The good news is that the VA has a very specific process for evaluating Veterans who have had this type of surgery. Hire a VA disability lawyer to help you determine whether or not a secondary condition is eligible for VA service connection. You have no range of motion. If you believe you deserve a higher rating than the VA has given you, you have the right to appeal their decision. The good news is you can get VA disability benefits for neck and shoulder pain if your condition was caused or made worse by your military service. How to File a Claim on VA.gov (step-by-step)! The ratings range from 10% (minor afflictions) to 100% (significant impairment of the entire spine). You can also apply in person at your nearest Social Security office. 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%. It can provide significant relief for the patient. When the VA rates IVDS, they rate it based on incapacitating episodes. Function: Postural support of body; extension and lateral movements of spine. This level is basically less flexion: 30-60 of flexion for the lower to the middle back and 15-30 for your neck. 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. What is the Reasonable Doubt Rule for Neck and Shoulder Pain? Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! 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. 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. 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. 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.. You can enlist the help of an attorney or disability advocate. You will also need a copy of your operative report from the surgeon who performed your spinal fusion surgery. 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. This means your spine is frozen in an unfavorable position. 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 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. Intervertebral Disc Syndrome (also known as IVDS) is a back condition involving the intervertebral disc or disc fragments. Your spine may become unstable if theres abnormal (or excessive) motion between two vertebrae. 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. Our firm was founded in 1986 in Orlando, Florida. Bone spurs or osteophytes can grow on bones and cause joints to enlarge. 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? Additionally, they must keep you from working for at least 12 months. As a fellow disabled Veteran this is shameful and Im on a mission to change it. Call us and well send you self-addressed, postage-paid envelopes to send in your decision letters. 2023 by JVDS. The difference is almost $2,700 per year! If this is the case, the veteran may be eligible for Total Disability based on Individual Unemployability, or TDIU. Youll bend forward and backward as well as side to side, and every measurement matters. Unfavorable ankylosis of the entire spine. IVDS can also cause nerve pain in the legs and arms, depending on where the . VA Disability Claims (General) > Cervical Fusion. Unfavorable ankylosis of the entire spine due. Spinal fusion is when two or more vertebrae in the spine are fused together as a surgical technique. Spinal weakness or instability. 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. However, its important to remember that the VA will not automatically award a rating just because youve had spinal fusion surgery. 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. VA Disability Ratings for Neck and Shoulder Pain range from 10% to 100%, with breaks at 20%, 30%, 40%, and 50%. When in doubt, the benefit is ALWAYS given to the veteran. If you cannot work or earn a living due to your condition, you may be eligible for a 100% disability rating. Copyright 2023 VA Claims Insider, LLC. A Goniometer should be used at your C&P exam to measure Range of Motion (ROM) of your spine; each measurement is rounded to the nearest five degrees. Veterans are exposed to numerous events which can cause lasting neck injuries. This device accurately assesses how far individuals are capable of bending or moving their joints. 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). TDIU benefits are equivalent to those of a 100% disability rating and are awarded when one or more disabilities render a veteran unable to secure and keep substantially gainful employment. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Buddy statements provide the same type of information but come from other veterans who may have served with the claimant. One of the nice things about these VA ratings is that they do not require you to have pain, radiculopathy, stiffness, or even aches. Use our VA disability calculator to estimate your combined VA rating and monthly payment. You will, however, be eligible for these monthly compensation rates: Those with higher ratings will receive modified rates based on their dependents. 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. That means everything from the middle of your backpack and bra strap down. Learn what youve been missingso you can FINALLY get the disability rating and compensation YOU DESERVE! The VA only gives a 50% rating if you have unfavorable ankylosis of the entire thoracolumbar spine. Lumbosacral, Cervical Strain, or Cervicalgia are the medical terms used to describe Neck Pain.. (cervical) part of the . Those nerves can also affect your digestive system, bowels, the whole bit down there. Note that a veteran is eligible to be rated for both a neck condition, back condition, and Radiculopathy secondary to multipole extremities. They will review your records to see if you have any other impairments contributing to your overall condition. The problem is when this happens just by walking, sitting, or moving around normally. Can You Get Disability for Degenerative Disc Disease and IVDS? Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Yes, Back Pain is a VA disability. The difference is almost $2,700 per year! Copyright 2023 Hill & Ponton, P.A.. All Rights Reserved. Once they have your records, a doctor will examine you and ask about your symptoms. VA Ratings for Neck Painrange from 10 percent to 100 percent, with breaks at 20 percent, 30 percent, 40 percent, and 50 percent. Certain conditions can cause lasting issues that dont get worse over time. They keep you informed. If the veteran uses any assistive devices, specify the condition, indicate the side, and identify the assistive device used for each condition. we represent clients nationwide. Yes it is. 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 then remove any damaged or diseased tissue between the vertebrae. #8. Unfavorable ankylosis of the entire thoracolumbar spine. Tucson, AZ: One South Church Avenue, 12th Floor, Tucson, AZ, 85701 VA ratings for back pain require an accurate Range of Motion (ROM) test of the flexion extension, lateral flexion, and rotation of the spine. Use tab to navigate through the menu items. Even after you get your rating decision, run it by some certified VA lawyers to catch any mistakes the VA made with your records. 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. Another common secondary disability is Radiculopathy secondary to Back and Neck Pain. Secondary conditions such as an altered gait, trouble eating, or difficulty swallowing can also contribute to a higher VA disability rating. 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%. 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. For example, as a veteran begins to develop arthritis in the neck, old neck injuries from the military can start to cause more pain. It is common for secondary conditions to occur from orthopedic disabilities. If you receive a rating of 20% or below, you will not be eligible for a higher rate if you have a dependent, spouse, or child in the way you would with a 30% or higher rating. #21. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. However, you must show that your symptoms are severe. If you continue to use this site we will assume that you are happy with it. Portland, OR: 650 N. E. Holladay Street, Suite 1600, Portland, OR, 97232
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