40. 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. #2. Brain and Spinal Cord Disabilities (38 CFR 4.124a). However, you must show that your symptoms are severe. 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. 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). You might be able to lean right and left 30 just fine. This level can also have muscle spasms, muscle guarding, and pain without abnormal gait or curves. The difference is almost $2,700 per year! Spinal fusion is a surgical procedure that involves joining two or more vertebrae together. Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Cervical spine forward flexion of 15 or less or favorable ankylosis of the entire cervical spine. This is done to decrease the damage, pain, and discomfort that a disease or injury causes. 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). 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. A favorable C&P decision will support a service connection for your disability, while an unfavorable decision will negatively affect your chances of proving a service connection. See a doctor familiar with VA disability to explore your symptoms more fully. What Does Your VA Disability Rating Mean? 40% - unfavorable ankylosis of the entire cervical spine; or, forward flexion of the . The surrounding muscles, bones, and tendons can cause muscle weakness, sharp pain, and numbness. The combined range of motion, however, is found by adding your degree of flexion in all four directions. The VA can give you a rating for unfavorable ankylosis of the thumb and any finger. We consistently provide experienced, compassionate and ethical representation to our clients. If the shock absorbers are removed you wont have space to pinch nerves. (Authority: 38 U.S.C. Whiplash Whiplash happens when the neck experiences a forceful back and forth motion that causes lasting pain. 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). This report should detail what kind of procedure was performed, what level(s) of the spine was involved, and any complications that occurred during or after the surgery. 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. 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. Each of these veterans benefits have different eligibility criteria so be VA Disability Rating for Cervicalgia: Basic Eligibility Criteria. The main determining factor is how much of a Range Of Motion (ROM) you have. The difference is almost $2,700 per year! When the VA rates IVDS, they rate it based on incapacitating episodes. Back pain typically refers to injuries in the lower half of the spine or the thoracolumbar section. Unfortunately, constant changes to regulations have resulted in a process that can be confusing to many former service members. Neck conditions typically affect the cervical spine, which consists of seven bones (vertebrae) that are separated by intervertebral discs. Intervertebral Disc Diseases Similar to generative disc disease, these conditions affect the discs between vertebrae, causing pain in the back, arms, neck, and legs. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. That sounds like your lower back has to move less than 30 in each direction since 30+30+30+30=120. Unfavorable ankylosis of the entire spine. #13. . Additionally, thoracolumbar combined movement should be less than 120, and cervical combined movement should measure less than 170. Richmond, VA: 7400 Beaufont Springs Drive, Suite 300, Richmond, VA, 23225 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.. For example, as a veteran begins to develop arthritis in the neck, old neck injuries from the military can start to cause more pain. Confidential or time-sensitive information should not be sent through this form. Spinal fusion can happen naturally or surgically. If yes, provide type of test or procedure, date, and results (brief summary). VA Ratings are based on your flexion, or how far you can bend your neck, or they are based on the paralysis in your hands and feet because of your spine problems. 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. Does the veteran have imaging evidence of a cervical vertebral fracture with loss of 50 percent or more of height? Foramen are the openings between discs. Asthma secondary to Anxiety. Learn more about us, Veterans Disability Claim VA Claims Insider Submits Statement to Senate VA Committee: How to Protect Veterans From Financial Exploitation of Their VA Benefits, Top 72 Federal Veteran Benefits From A to Z (2024 Edition). Youll want to try your hardest, but be honest with the doctor about where you feel pain or numbness in your arms and legs. Please complete this form to send us your message. Spinal fusion, or ankylosis, comes in two forms; favorable and unfavorable. The VA rates Cervicalgia under CFR Title 38, Part 4, Schedule for Rating Disabilities, General Rating Formula for the Spine as follows. 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. Spinal fusion may help stabilize the spine after the removal of a damaged (herniated) disk. Some veterans are bent over sideways but can still walk around with a cane. The VASRD gives rating rules for conditions based on their symptoms, treatment options, and the resulting level of disability they cause. 100. If youve had a spinal fusion, you may wonder if youre eligible for disability benefits from the Department of Veterans Affairs (VA). 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. 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. 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. Well address that elsewhere, but for the purposes of this article, well focus only on the back. 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.
