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. Veterans must prove secondary service connection if their first service-connected condition causes a different disability or makes an existing disability worse. We have recovered entitlements for clients after the VA made a wrong decision decades ago! You can do this by filing a Higher Level Review or a Supplemental appeal. The temporary 100% rating may continue for 1 to 3 monthsdepending on your unique case. How to Get Disability for Spinal Fusion (Updated for 2023) It may take four to six weeks to get back to doing simple activities of daily living. Does the veteran have any other signs or symptoms of radiculopathy? HIRE THEM! As they fail, the nerves they protect can cause numbness, pain, or paralysis in your hands and feet. The favorable or unfavorable part refers to what position you are stuck in. This occurs when a veteran is unable to perform with the same strength and endurance as before the condition. Other people are bent over frontwards with a hunchback type of posture. For a limited time, you can book a free, no-obligation VA Claim Discovery Call with one of our experts. You will also need a copy of your operative report from the surgeon who performed your spinal fusion surgery. 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. The combined range of motion of the cervical spine not greater than 170 degrees; or. There is another level to VA disability if the veteran experiences secondary conditions. This level can also have muscle spasms, muscle guarding, and pain without abnormal gait or curves. Applying for VA Benefits Years After Service: Is It Allowed? 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. You can enlist the help of an attorney or disability advocate. The VA rates Cervicalgia under CFR Title 38, Part 4, Schedule for Rating Disabilities, General Rating Formula for the Spine as follows. These secondary conditions can be claimed for additional benefits if the veteran is able to prove that they resulted from the primary condition. Youll be measured at your C&P exam to see how much you can bend at the waist and at the neck. Thousands of other Veterans in our Community are here for you. Each direction, forward, backward, left, and right will get an angle of flexion measurement. Find out how to file a claim for disability compensation. 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. Confidential or time-sensitive information should not be sent through this form. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. Forward flexion of the thoracolumbar spine up to 85 degrees or of the cervical spine up to 40 degrees. You're not alone. Fused pieces or loose pieces of bone in your back can all affect your ability to twist around. 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. 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. 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. The quick and intense movement can traumatize the surrounding muscles and tendons, resulting in cervical strain. (Authority: 38 U.S.C. A current diagnosis for a spinal condition that necessitates spinal fusion as treatment, Evidence that the injury or accident that caused the condition that necessitates the spinal fusion occurred while on duty, A documented medical nexus or link between the diagnosed condition and the service-related injury or event, Information regarding the incident that led to your injuries, Any evidence that supports your statements of what happened. Spinal Cord Injuries These are very serious injuries that can result in a loss of motion or feeling in the body. Unfavorable ankylosis of the entire thoracolumbar spine (T10 to L2). 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. This device accurately assesses how far individuals are capable of bending or moving their joints. That sounds like your lower back has to move less than 30 in each direction since 30+30+30+30=120. It can show up between multiple vertebrae, so your doctor can split up your diagnosis into multiple regions. 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. 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. 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. When in doubt, the benefit is ALWAYS given to the veteran. 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. 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. #8. The answer is that it depends. There are a lot of things like falls, impacts, heavy lifting, and other activities that can be service-connected to your injury. Getting TDIU for neck pain is often difficult because most of the rating tiers fall below 50%. 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. A veteran's Degenerative Disc Disease VA disability can be rated at 10%, 20%, 30%, 40%, 50%, or 100%. 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. Neck conditions typically affect the cervical spine, which consists of seven bones (vertebrae) that are separated by intervertebral discs. VA Disability Ratings for Spinal Stenosis | CCK Law If the shock absorbers are removed you wont have space to pinch nerves. 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.. The VASRD gives rating rules for conditions based on their symptoms, treatment options, and the resulting level of disability they cause. 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. This means your spine is frozen in an unfavorable position. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 An injury or being in a long-term sedentary state can aggravate your joints and make them fuse together. A single veteran with no dependents and a total disability rating of 40% would receive $627.61 per month, as of 2020. The VA rates Cervicalgia under CFR Title 38, Part 4, Schedule for Rating Disabilities, General Rating Formula for Diseases and Injuries of the Spine, DC 5237, Lumbosacral or Cervical Strain (Neck Pain). 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 difference is almost $2,700 per year! What Does Your VA Disability Rating Mean? Other back issues are rating according to different criteria. Twisting at the hips is also counted in your movement as part of your thoracolumbar spine. Yes, many veterans suffer from service connected neck and shoulder conditions, which can affect your back, hips, knees, ankles, and feet. Buddy statements provide the same type of information but come from other veterans who may have served with the claimant. IVDS can also cause nerve pain in the legs and arms, depending on where the . Just like driving a truck with bad shocks, that bumpy ride on your back wears out the equipment really quick. It can provide significant relief for the patient. Forward flexion of the thoracolumbar spine greater than 60 degrees but not greater than 85 degrees; or. 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. Forward flexion of the cervical spine 15 degrees or less; or, favorable ankylosis of the entire cervical spine. You might be able to lean right and left 30 just fine. You have virtually no range of motion. All Rights Reserved. Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 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! 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. The disability ratings for spinal diseases range from 10% for minor conditions to 100% for . As a fellow disabled Veteran this is shameful and Im on a mission to change it. Since that time, we have provided compassionate Without it, your claim will be automatically denied. The combined range of motion, however, is found by adding your degree of flexion in all four directions. #9. Yes, Back Pain is a VA disability. You always have other options. What is the Reasonable Doubt Rule for Neck and Shoulder Pain? Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 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. C&P exams are typically carried about by a VA physician or other VA-approved health professional. 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. Does the Veteran report flare-ups of the cervical spine? VA uses 38 CFR 4.71a, General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions. They can be diagnosed and proven with X-Rays and MRIs long before you show any incapacitating symptoms. To start the Social Security disability application, you can go online at www.SSA.gov or call 1-800-772-1213. I am now going to have three . VA Disability Ratings for Spinal Stenosis - Hill & Ponton, P.A. 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. This level is basically less flexion: 30-60 of flexion for the lower to the middle back and 15-30 for your neck. 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. The VA can give you a rating for unfavorable ankylosis of the thumb and any finger. Every back pain claim should be reviewed as a possible TDIU claim. 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. 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. 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. You need to see your doctor at least yearly to check on your back. Signup to never miss a beat with special offers, blog updates, exclusive trainings, and more delivered right to your inbox! Sign up for our weekly email newsletter to stay updated on VA news, policy changes, and more. Spinal fusion is a surgical procedure that involves joining two or more vertebrae together. You Might Also Like the Following Blog Posts: Cervicalgia is the formal term used to describe Neck Pain.. 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. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! Unfavorable ankylosis occurs when spinal fusion causes posture changes such as hunched back or leaning to the side. VA ratings for neck pain require an accurate Range of Motion (ROM) test of the flexion extension, lateral flexion, and rotation of the head. 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. Many of the angles in the chart above relate to forward flexion. we represent clients nationwide. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. The surrounding muscles, bones, and tendons can cause muscle weakness, sharp pain, and numbness. The VA calculates the amount of disability compensation according to how significantly a spine condition affects the range of motion. How to File a Claim on VA.gov (step-by-step)! This condition can be diagnosed by a medical professional. The goal of spinal fusion surgery is to relieve the pain that these veterans are experiencing. This is how much you can bend over forward. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 Repetitive Strains These injuries can cause aching, cramping, pain, throbbing, and tingling in the upper back. Youll want to try your hardest, but be honest with the doctor about where you feel pain or numbness in your arms and legs. When judging the veterans range of motion, doctors measure the maximum angle of movement before you experience pain. 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. 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. Your spinal discs are critical to the padding between your vertebrae. Cervical Neck Fusion and Social Security Disability 50. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. Second, youll need evidence that the spinal fusion is caused by your back condition that is related to your service. What is the Cervicalgia VA Rating? Here's 3 Ways to Get a VA Disability It can also be difficult if there is no record of the injury you received. Veteran with child only (no spouse or parents). We use cookies to ensure that we give you the best experience on our website. Herniated disk. Neck injuries can even be caused by sitting still for too long. The ratings range from 10% (minor afflictions) to 100% (significant impairment of the entire spine). Spinal fusion can happen naturally or surgically. Intervertebral Disc Syndrome (also known as IVDS) is a back condition involving the intervertebral disc or disc fragments. The general minimum for undiagnosed back pain veterans' disability benefits is 10%. This is a common side effect of severe arthritis in the spine. 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. This can all be amplified by long caravans on bumpy roads, carrying 100 pounds of the worlds lightest equipment every day. Abnormal contours can cause problems in digestion, breathing, circulation, bowel movements, and more. Copyright 2023 Woods and Woods, LLC | PO Box 1287 Evansville, IN 47706. Use our VA disability calculator to estimate your combined VA rating and monthly payment. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. 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. Certain conditions can cause lasting issues that dont get worse over time. Other Conditions That Come With Fused Vertebrae Copyright 2023 VA Claims Insider, LLC. VA Ratings for Spondylosis. Already working with us? Feel free to call us at (866) 232-5777 anytime. Although its not always fast, sometimes it can spread within just a few months. Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 Common ailments that may necessitate spinal fusion include: Before understanding how VA ratings for spinal fusion work, you will first need to understand how to connect the spinal fusion to a service-related injury to be eligible for VA benefits. One part of my claim that is 8 years old which is on remand is just what your saying total fusion of the spine. The VA rating for unfavorable ankylosis of the entire cervical spine is 40%. Remember, if you have any questions, we encourage you to contact us for support. Is the veteran being examined during a flare-up? This communication with the firm or any member of the firm does not establish an attorney-client relationship. How Do I Increase My VA Rating for Neck Pain? Unfavorable ankylosis is when your stuck bent over in any direction. Whiplash Whiplash happens when the neck experiences a forceful back and forth motion that causes lasting pain. 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. Ankylosis can be diagnosed with X-Rays and no other symptoms of pain or tenderness. The tiers work their way up from 10%, 20%, 30%, 40%, and 50% and then jump all of the way up to 100%. A number of them require surgery to correct the problem. 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. If your back does this when you move, your back is guarding. Yes, sort of. Neck muscles can become strained from poor posture, carrying heavy things, military training exercises, high-intensity physical training, deployments, or long hours hunched over a computer. 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. Muscle guarding is a reflex of your muscles to tense up in anticipation of something. (cervical) part of the . 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. The goal of the surgery is to stabilize the spine and relieve pain. If you cannot work or earn a living due to your condition, you may be eligible for a 100% disability rating. Does the veteran have a diagnosis of a neck condition? Hill & Ponton P.A. Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. 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. Please call for an appointment before visiting: Mail Processing Center: P.O. 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. is that most veterans that dont add up have one or two directions of flexion that are OK and two other directions that are impossible. 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! Take advantage of a FREE VA Claim Discovery Call with an experienced Team Member. How to Get a 100 Percent VA Rating (if deserved)! 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). #18. 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. 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. They will also consider your age, education, and employment history. Spinal fusion is when two or more vertebrae in the spine are fused together as a surgical technique. 40. 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! This rating is a figure between 10% and 100%with a 100% rating being the worst possible determination that means that the individual has almost no capability to move any part of their spinal column. Maybe. These injuries can be caused by a variety of factors. More importantly, when both the lumbar spine and cervical spine are affected by spinal stenosis, the two may be . 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. This injury can even require surgery to relieve the pain. Neck pain can also be caused by pinching from disc compression or the growth of osteophytes. 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.