Neck Conditions: How To Get VA Disability - The Veterans Law Office (2022)

Neck Impairments: What Qualifies?

The physically demanding work associated with many positions in the U.S. Armed Forces puts veterans at increased risk for developing musculoskeletal issues in the neck and cervical spine. If you are experiencing any issues with your neck or cervical spine that you believe may be due to your military service, it is important to contact your doctor right away so he or she can record your symptoms and assign you the proper diagnosis for your condition. Orthopedic conditions affecting the neck are compensated differently depending on the degree of disability and the location of the injury, so seeking treatment with an orthopedic specialist may also be an effective plan of action to ensure that you are getting the most accurate information possible in your medical record. In addition, obtaining the proper diagnosis for your pain is important to ensure that you are receiving the best possible treatment.

While many veterans with neck conditions also have lower spine issues, for the purposes of calculating a veteran’s total disability rating, back and neck impairments are treated as separated disabilities. The only exception to this rule is a diagnosis of unfavorable ankylosis of both segments, which is treated as a single condition. If you do not have unfavorable ankylosis of both segments, there are a number of other neck conditions which are subject to compensation under the VA’s disability rating system:

-Mechanical cervical pain syndrome

-Cervical sprain/strain

-Cervical spondylosis (degenerative joint disease of cervical spine, also called neck arthritis)

(Video) What You Need To Show The VA To Receive A Higher Rating For Neck & Back Disabilities?

-Degenerative disc disease

-Foraminal stenosis/central stenosis

-Intervertebral disc syndrome

-Radiculopathy (often occurs as a secondary condition to another impairment)

-Ankylosis of the cervical spine

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-Myelopathy

-Ankylosing spondylitis of the cervical spine (neck)

-Vertebral fracture (vertebrae of the neck)

Other neck conditions may also be subject to compensation, which is why it is important that you talk to both your treating physician and your VA examiner extensively about your symptoms, service history, and medical history. The more information you provide, the more likely it is that you will receive the correct diagnosis and VA disability rating.

Getting Service Connected for Neck Impairments: What Evidence is Necessary

If your neck pain began in service or was made worse by your military service, you may be eligible for service connection and VA disability benefits. To prove service connection for your neck condition, you will need to start by gathering information to submit to the VA. This information should include your service medical records, military personnel files (especially anything that may mention an in-service accident, diagnosis, or change of duty due to neck issues), private medical records, and any other documents that could help establish a correlation between your military service and your neck condition. Sworn declarations from those familiar with your neck condition are also helpful, including those from family members, friends, and fellow servicemembers.

(Video) VA Disability for Musculoskeletal Injuries | America’s Veterans Law Firm

As is evident from the rating schedules below, the highest possible schedular rating for any single neck impairment is 60 percent for veterans with severe intervertebral disc syndrome (IVDS). Other neck conditions have maximum schedular ratings of 40 percent or lower. However, the pain and mobility limitations caused by severe neck conditions prevent many veterans from performing even sedentary or light work. This is especially true for veterans who may have other service-connected disabilities that are related to their neck condition(s), such as cervicogenic headaches or mental health conditions.

If you are unable to work due to your neck condition, getting the maximum monthly benefit will usually require seeking a total disability based on unemployability rating (TDIU rating). In order to obtain a TDIU rating, you will need other evidence in addition to the medical records and service records described above. Most likely, you will also need statements from vocational experts, information from your previous employers, and other documentation clarifying the effects of your neck condition on your occupational functioning.

How the VA Rates Neck Impairments

Neck muscle injuries

Under 38 CFR § 4.73, injuries to neck muscles are compensated differently depending on the severity of the impairment and the muscles affected.

  • Diagnostic Code 5320, Muscle Group XX

Function: Postural support of body; extension and lateral movements of spine. Spinal muscles: Sacrospinalis (erector spinae and its prolongations in thoracic and cervical regions). Cervical and thoracic region:

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  • Severe: 40%
  • Moderately Severe: 20%
  • Moderate: 10%
  • Slight: 0%
  • Diagnostic Code 5322, Muscle Group XXII

Function: Rotary and forward movements of the head; respiration; deglutition (swallowing). Muscles of the front of the neck: (Lateral, supra-, and infrahyoid group.) (1) Trapezius I (clavicular insertion); (2) sternocleidomastoid; (3) the “hyoid” muscles; (4) sternothyroid; (5) digastric.

  • Severe: 30%
  • Moderately Severe: 20%
  • Moderate: 10%
  • Slight: 0%
  • Diagnostic Code 5323, Muscle Group XXIII

Function: Movements of the head; fixation of shoulder movements.

Muscles of the side and back of the neck: Suboccipital; lateral vertebral and anterior vertebral muscles.

  • Severe: 30%
  • Moderately Severe: 20%
  • Moderate: 10%
  • Slight: 0%
Musculoskeletal Neck Conditions

Under 38 CFR § 4.71a, conditions affecting the cervical spine such as fractures, cervical strain, spinal stenosis, ankylosing spondylitis, and spinal fusion are usually evaluated using the General Rating Formula for Diseases and Injuries of the Spine:

  • Diagnostic Codes 5235 to 5243
  • Unfavorable ankylosis of the entire spine: 100%
  • Unfavorable ankylosis of the entire thoracolumbar spine: 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: 40%
  • Forward flexion of the cervical spine 15 degrees or less; or, favorable ankylosis of the entire cervical spine: 30%
  • Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees; or, the combined range of motion of the thoracolumbar spine not greater than 120 degrees; or, the combined range of motion of the cervical spine not greater than 170 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis: 20%
  • Forward flexion of the thoracolumbar spine 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: 10%

The exception to the above rating schedule is intervertebral disc syndrome (IVDS). IVDS can be evaluated using either the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes (see below). For rating purposes, the VA is required to use whichever scale yields the highest combined rating for the veteran when their disabilities are evaluated together.

(Video) VA Disability Ratings for Neck Pain: What You Need to Know To MAXIMIZE Your Veterans Benefits!

Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes
  • Diagnostic Code 5423
  • With incapacitating episodes having a total duration of at least 6 weeks during the past 12 months: 60%
  • With incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months: 40%
  • With incapacitating episodes having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months: 20%
  • With incapacitating episodes having a total duration of at least one week but less than 2 weeks during the past 12 months: 10%

Making Your Claim as Strong As Possible

The most important information you can include in your claim for service connection of your neck condition are medical records. Ideally, these records will include documents (1) diagnosing you with a neck condition that began in service or was made worse during your military service and (2) specifying the severity of the condition. These documents are important because you will likely be sent to a Compensation and Pension (C&P) examination by the VA to assess the severity of your neck condition, and having favorable medical records already in your file increases the likelihood that the C&P examiner will simply agree with the findings of your treating doctor and issue a favorable report. However, sometimes the C&P exam may not contain supportive findings, in which case having favorable medical records in your file is still helpful because they could cast doubt on the results of the C&P exam.

When attending a C&P exam, you want to be aware that the doctors conducting the assessment are contracted by the VA. This means that these doctors are being underpaid and overworked and are thus incentivized to rush you through the exam. Because of this, when the doctor asks you a question, you want to answer honestly and quickly and make sure that they heard what you said. If you do not think the doctor was paying attention when you were describing the severity of your neck mobility issues, tell him or her again. In these situations, you want to be your own advocate and make sure that the doctor has as much information as possible when writing his or her report. That being said, make sure you do not understate or exaggerate the severity of your condition. The more frank you are about your symptoms, the more likely it is that you will get an accurate schedular rating for your neck impairment.

Contact the Veterans Law Office About Your Neck Impairments Claim

If you are looking to obtain service connection for your neck impairment or are hoping to increase your schedular rating for your existing service-connected neck condition, please do not hesitate to contact our office at the phone number or Free Case Evaluation link above. Our veterans attorneys have ample experience obtaining service connection for veterans with neck impairments.

FAQs

Neck Conditions: How To Get VA Disability - The Veterans Law Office? ›

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. Only individuals with chronic neck pain will be eligible for VA benefits.

What is the VA disability rating for neck pain? ›

Can I get VA Disability for neck muscle pain? Yes, as long as the neck pain is service-connected, you can qualify for VA Disability. It will be rated the minimum 10% unless there is limited motion that qualifies for a higher rating.

Can neck pain be considered a disability? ›

There are many neck problems that qualify for disability benefits. Among those neck problems that qualify for disability per the SSA guidelines are degenerative disc disease (DDD), herniated discs, arthritis, whiplash, cervical spondylolisthesis, cervical retrolistheses, pinched nerves, cervical lordosis, and cancer.

What conditions are secondary to cervical spine? ›

A few examples of these secondary conditions or complications are radiculopathy, myelopathy, urinary incontinence and/or frequency along with mental health conditions as well.

Is military neck considered a disability? ›

Military neck is a rare disorder of the natural curvature of the spine that can cause severe disability in some people.

How does VA rate cervical radiculopathy? ›

VA Ratings for Cervical and Lumbar Radiculopathy

Most veterans receive a rating of 10 to 20 percent. Higher ratings are reserved for more severe cases.

What is the VA disability rating for cervical degenerative disc disease? ›

The RO has assigned a 10 percent rating for degenerative disc disease of the cervical spine under Diagnostic Code 5293, intervertebral disc syndrome, of the VA's Schedule for Rating Disabilities, 38 C.F.R. Part 4.

Can I get disability for neck and shoulder pain? ›

In order to qualify for Social Security disability insurance (SSDI) or SSI benefits for neck pain or neck problems, applicants must either meet the requirements of one of Social Security's official disability listings or prove that they don't have the capacity to return to work because of their neck pain or doctors' ...

Does pinched nerve qualify for disability? ›

This type of back pain from a pinched nerve is included in the Social Security Administration's (SSA) Blue Book of qualifying impairments, but you must provide the SSA with proof of your condition to secure approval for your Disability benefits application.

Can you get disability for herniated disc in neck? ›

If your herniated disc causes you continuous, long-lasting pain, then you may be eligible for monthly financial assistance through the Social Security disability benefits program. Herniated discs in the neck and back can qualify for benefits if your symptoms are severe enough.

What are VA secondary conditions? ›

A secondary condition, according to the VA, is any physical or psychological problem that is worsened by a service-related disability. A secondary condition could have been something a veteran suffered from before they entered the military that was worsened by a service-related injury.

How do you prove neck pain service connected? ›

Establishing service connection for neck pain is much like establishing service connection for other conditions. Veterans will want to submit a diagnosis from a doctor, evidence of an in-service event or cause of the condition, and a nexus that links the condition to time in service.

How does the VA rate cervical spondylosis? ›

The veteran's 40 percent rating for cervical spondylosis with right radiculopathy C5-C6, has been assigned pursuant to 38 C.F.R. § 4.71a, Diagnostic Code 5293, based on intervertebral disc syndrome. A 40 percent rating is assigned for severe, recurring attacks, with intermittent relief.

How do you get military neck? ›

As your discs wear down with age, your bones begin to rub against each other and break down. This causes the spine to collapse, your head to tilt forward, and your neck to curve. Degenerating discs can cause arthritis. Trauma.

How much disability will I get for a herniated disc? ›

VA Disability Ratings for Herniated Discs

20% – Veterans who have had episodes that last for at least 2 weeks, but less than 4 weeks, in the past 12 months, may be able to qualify for this rating. 40% – Having episodes that last for at least 4 weeks but less than 6 weeks in the past 12 months.

Is a bulging disc considered a disability? ›

A VA rating for a herniated or a bulging disc will not automatically qualify you for disability benefits, but it may be able to be used as evidence to back up your disability claim. You can qualify for both VA disability benefits and Social Security disability benefits.

Does a neck fusion qualify for disability? ›

Most individuals who undergo a spinal fusion surgery end up qualifying for SSDI benefits through a residual functional capacity (RFC) assessment. An RFC will document your ability to perform certain tasks, such as lifting and walking.

How do I add secondary conditions to my VA disability? ›

Veterans will need to demonstrate two things to VA to be granted service connection for a secondary condition:
  1. A current diagnosis of the secondary injury, illness, or disability; and.
  2. Medical evidence showing a link between your service-connected condition and secondary condition.
Dec 14, 2019

How does the VA rate nerve damage? ›

All VA ratings for peripheral neuropathy range from between 10% and 40% maximum. Ratings are determined based on the severity of the Veteran's displayed and recorded symptoms. However, a Veteran may be entitled to a maximum rating of 40% disability benefits for each extremity affected.

Is cervical spondylosis a VA disability? ›

VA Ratings for Spondylosis

Spondylosis is rated as a back condition, meaning it can be rated using any diagnostic code between Diagnostic Code 5235 and Diagnostic Code 5243. Specifically, the condition will be rated on how it impacts the motion of the spine.

Can neck pain be secondary to back pain? ›

Cervical Radiculopathy Secondary to Back Pain

When there is pressure on a nerve in the neck, a veteran can experience radiculopathy in their shoulders, arms, hands, and fingers. The type of pain can vary from numbness, tingling, or burning, and can also range in severity from mild to severe.

Can military service cause spondylosis? ›

Therefore, the Board finds that, resolving all doubt in favor of the Veteran, degenerative changes of the lumbar spine and cervical spondylosis are caused by events in service.

What is military neck symptoms? ›

Individuals suffering from military neck syndrome typically experience one or more of the following symptoms: stiffness, frequent headaches, neck pain, reduced neck mobility, impaired coordination, spinal deformity, bowel control issues, and, in extreme cases, paralysis.

What happens if your neck is straight instead of curved? ›

Cervical kyphosis, or military neck, occurs when your cervical spine is straight or curves toward your front instead of its natural curve to your back. When severe, it can cause pain, neurological symptoms and disability.

Is straight neck serious? ›

When the neck becomes straight also known as 'flat neck' or 'military neck' then serious issues can evolve such as spinal compression and degeneration. It would also influence your load-carrying capacity and the increased stress may cause abnormal curves to develop.

What is the highest VA disability rating for back pain? ›

VA disability ratings for back pain can range from 10% to 100%, depending on the severity of the pain, the range of motion the veteran is left with, and the frequency of the pain.

What is a cervical neck strain? ›

Cervical strain (sprain of the ligaments of the cervical spine) is a common injury routinely seen in the emergency department (ED). A cervical strain is chiefly the result of a stretch injury to the muscular and ligamentous elements of the cervical spine.

What does the VA look for in back pain? ›

VA claims for a back condition

Common back conditions include spinal stenosis, a cervical strain, segmental instability, a vertebral fracture, or ankylosing spondylitis. Some of these disabilities are injuries, while others are degenerative conditions, but they can all receive a medical diagnosis from your doctor.

What is the easiest VA disability to claim? ›

The #1 Easiest VA Disability to Claim: Tinnitus

Tinnitus can only have one VA rating. It is either 10% or nothing. There is no lower VA rating and there is no higher VA rating. Therefore, we call it a “low-value” claim, because it is always rated at 10%, and 10% only, with no exceptions.

What is the VA rating for shoulder pain? ›

As long as you can prove that the shoulder pain you're experiencing is service-connected, you'll likely receive at least a 10% disability rating. One principle the VA uses to determine the rating for shoulder injuries is the “Painful Motion” principle.

How much is a neck sprain worth? ›

How much is a neck injury worth? It will vary depending on the type of injury, but the average payout for a neck injury is between $5,000 and $50,000. Soft tissue neck injury claims are worth between $5,000 and $20,000 on average. Neck disc injury cases that result in surgery average over $200,000.

What does a cervical strain feel like? ›

Neck strains are usually felt in the back of the neck, or mostly in the neck and partially in a nearby region, such as the back of the head, upper back, and/or shoulder. Achy or throbbing pain. A dull, nagging pain may persist and potentially affect sleep at night and/or concentration during the day.

How do I know if my neck injury is serious? ›

Some signs of a serious neck injury:
  1. Pain that doesn't go away or is severe.
  2. Shooting pain in your arms or legs.
  3. Numbness, weakness, or tingling in your arms or legs.
  4. Trouble controlling your bladder or bowels.
Apr 19, 2021

Before receiving a VA disability rating for neck pain, a veteran must prove service connection through the use of official statements and records.. 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.. VA uses 38 CFR § 4.71a , General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions.. 10 % rating — Forward flexion of the cervical spine over 30 degrees, but less than or equal to 40 degrees; or a combined range of motion of the cervical spine above 170 degrees but not causing abnormal spine contour or abnormal gait. For example, as a veteran begins to develop arthritis in the neck, old neck injuries from the military can start to cause more pain.. Veterans who start the application process right away are more likely to get a VA disability rating for their neck pain.. 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.

In the VA rating system, orthopedic conditions affecting the spine are separated into neck conditions and back conditions.. However, veterans can get service-connected for neck pain or a neck condition that existed prior to service and was aggravated by service.. Similar to VA disability ratings for back pain , VA uses the General Rating Formula for Diseases and Injuries of the Spine under 38 CFR § 4.71a to evaluate the majority of neck pain conditions.. “ 100% – unfavorable ankylosis of the entire spine 50% – unfavorable ankylosis of the entire thoracolumbar spine 40% – 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 30% – forward flexion of the cervical spine 15 degrees or less; or, favorable ankylosis of the entire cervical spine 20% – forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees ; or, the combined range of motion of the thoracolumbar spine not greater than 120 degrees; or, the combined range of motion of the cervical spine not greater than 170 degrees; or, muscle spasm or guarding severe enough to result in an abnormal spine contour such as scoliosis, reversed lordosis, or abnormal kyphosis 10% – forward flexion of the thoracolumbar spine 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 resulting in abnormal gait or abnormal spine contour; or, vertebral body fracture with loss of 50 percent or more of the height”. To establish secondary service connection for these conditions, veterans must show that the onset and/or progression of each condition is the result of their neck pain.. While the highest rating for neck pain will typically be forty percent, unless there are secondary conditions linked to the neck condition, veterans can obtain a one hundred percent rating through TDIU, or total disability based on individual unemployability.. 38 CFR § 4.16 a ( “Schedular”) – To be eligible for this form of TDIU, the veteran will need to have one condition rated at minimum 60 percent or two conditions that can be combined to reach at least 70 percent, with one condition being a minimum of 40 percent 38 CFR § 4.16 b ( “Extraschedular”) – This form of TDIU is for veterans who, despite their ratings, are still unable to obtain substantially gainful employment.

If your military service left you with a pain in the neck, you might be eligible for Veteran’s Disability Benefits for several different reasons.. While many veterans get rated for neck disabilities, most will also have a secondary-connected condition like. An old neck injury from your time in the military can now cause pain from the advancement of arthritis in the neck.. If you need a va disability rating for neck arthritis, start the application process right away.. The neck injury that you received, however, may have accelerated the aging process in your neck.. When a nerve in your neck is pinched due to disc compression or osteophytes growth, neck pain is the result.. Many veterans with cervical radiculopathy are experiencing degenerative changes in their spine that caused a herniated, bulging disc or degenerative disc disease that is pushing on a nerve causing neck pain.. Make sure your doctor rules out other back problems, diabetes, or circulatory problems before apply for VA disability rating for neck pain.. Spinal stenosis VA disability benefits are available to veterans with a spinal cord injury.. At least one service-connected disability rated at 60% or more disabling OR Two or more service-connected disabilities with at least one rated at 40% or more disabling and a combined rating of 70% or more. va-certified disability benefits attorney cecilia santostefano explains how to get a higher va rating for neck or back pain.. Your neck was injured during your time in the military and you should receive neck pain veterans disability benefits.. Here one of our VA disability lawyers goes over the questions Woods and Woods, The Veteran’s Firm, is often asked about veterans’ disability claims and appeals.. When applying for neck pain veterans disability benefits, do not forget to list the specific conditions that you have.. If this has happened to you, please read the section below about appealing a neck pain veterans disability benefits denial ( or just call us ).

Common orthopedic conditions impacting veterans include neck pain and low back pain.. In the VA rating system, orthopedic conditions affecting the spine are separated into neck conditions and back conditions.. Neck conditions typically affect the cervical spine, which consists of seven bones (vertebrae) that are separated by intervertebral discs.. Though back and neck conditions both stem from the spine in most instances, VA rates them as separate disabilities.. Veterans may be eligible to receive service-connected compensation for neck pain if they are able to prove that their neck pain is a result of their time in service.. Veterans will want to submit a diagnosis from a doctor, evidence of an in-service event or cause of the condition, and a nexus that links the condition to time in service.. Spinal Cord Injury – Injuries to the spinal cord are often very serious and can result in loss of feeling or motion.. However, in most cases the spinal cord is intact but damaged to the point of loss of function.. Symptoms of disc injuries include numbness, weakness, and pain.. Foraminal stenosis is a specific form of spinal stenosis, another condition relating to the narrowing of the spine.. Similar toVA disability ratings for back pain, VA uses the General Rating Formula for Diseases and Injuries of the Spine under 38 CFR § 4.71a to evaluate the majority of neck pain conditions.. Secondary service connection is when a veteran’s already service-connected condition causes a new, separate disability, or aggravates a preexisting disability, that is not service-connected.. To establish secondary service connection for these conditions, veterans must show that the onset and/or progression of each condition is the result of their neck pain.. VA may request a compensation and pension examination to assess the veteran’s neck and the connection the condition may have to service.. While the highest rating for neck pain will typically be forty percent, unless there are secondary conditions linked to the neck condition, veterans can obtain a one hundred percent rating through TDIU, or total disability based on individual unemployability.

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).. VA Ratings for Neck Pain range from 10 percent to 100 percent, with breaks at 20 percent, 30 percent, 40 percent, and 50 percent.. Your final VA Disability Rating for Neck and Shoulder Pain depends upon the Frequency, Severity, and Duration of symptoms to include Limitation of Range of Motion (ROM) and Painful Motion.. VA Ratings for Neck Pain range from 10 percent to 100 percent, with breaks at 20 percent, 30 percent, 40 percent, and 50 percent.. Your final VA Disability Rating for Neck and Shoulder Pain depends upon the Frequency, Severity, and Duration of symptoms to include Limitation of Range of Motion (ROM) and Painful Motion.. 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%.. #2: Secondary Service Connection for Cervicalgia (Neck Pain) rated secondary under the General Rating Formula for the Spine with a rating of 10%, 20%, 30%, 40%, 50%, or 100%.. #3: Neck Pain as a Symptom of another ratable condition such as Back Pain or Radiculopathy with a rating of 10%, 20%, 30%, 40%, 50%, or 100%.. If you’re already service connected, and you’re trying to increase your VA disability rating for neck pain, you need to prove to the VA that your symptoms are now worse and warrant the higher rating by law.. 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.. 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:. 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.. Radiculopathy is commonly rated as a secondary VA disability claim for secondary service connection due to one or more service connected neck, shoulder, and back conditions.. Unfavorable ankylosis of the entire spine Unfavorable ankylosis of the entire cervical spine Favorable ankylosis of the entire cervical spine

Before receiving a VA disability rating for neck pain, a veteran must prove service connection through the use of official statements and records.. 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.. 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.. VA uses 38 CFR § 4.71a , General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions.. 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. 0% rating — Forward flexion of the cervical spine over 40 degrees 10 % rating — Forward flexion of the cervical spine over 30 degrees, but less than or equal to 40 degrees; or a combined range of motion of the cervical spine above 170 degrees but not causing abnormal spine contour or abnormal gait 20% rating — Forward flexion of the cervical spine over 15 degrees, but less than or equal to 30 degrees; or a combined range of motion of the cervical spine above 170 degrees 30% rating — Forward flexion of the cervical spine less than or equal to 15 degrees; or favorable ankylosis of the entire cervical spine, which occurs when the spine is stuck, but in a position that does not heavily interfere with an individual’s daily activities 40% rating — Unfavorable ankylosis of the entire cervical spine, which occurs when the spine is stuck in a position that makes daily activities extremely difficult 50% rating — NOT APPLICABLE to the cervical spine, only assigned to individuals with unfavorable ankylosis of the entire thoracolumbar spine 100% rating — Unfavorable ankylosis of the ENTIRE spine. For example, as a veteran begins to develop arthritis in the neck, old neck injuries from the military can start to cause more pain.. Veterans who start the application process right away are more likely to get VA disability rating for their neck pain.. 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.. You can also appeal this decision to fight for a higher VA disability rating for your neck pain.. When building your neck pain case, or attempting to appeal a VA decision, the VA disability lawyers at Tuley Law Office can answer questions you may have regarding your case or appeal.

When your back hurts from arthritis pain, the last thing you want to do is work through the VA Disability rating system to get a higher rating – or any service connection in the first place.. Since many forms of arthritis in your back are degenerative and get worse over time, the long and tedious VA disability claim process can be very discouraging.. Establish a service-connection to your disability Clearly show the effects of your disability on your life If you cannot work, show proof that you have tried and failed to work at various jobs Attach statements from friends and others in your unit Apply for any other secondary service-connected disabilities Include requests for SMC (Special Monthly Compensation) if you need that too. If you have a medical record showing back pains before you enlisted, you can apply for disability because your military service made a previous condition worse.. You can get a higher VA rating for arthritis that causes incapacitating episodes than you can for monthly pains in your neck.. You can’t get VA Disability for bone spurs, but you can get a rating for pain or other related back issues.. The VA loses paperwork They require new medical examinations Laws can change and budget restraints from Washington can affect the flow of cases at the VA Your conditions can improve or decline while you are waiting for the VA to make a decision. If you are already getting social security disability for arthritis in your back and you are a veteran, you can also get VA benefits for the same injury.

Before receiving a VA disability rating for neck pain, a veteran must prove service connection through the use of official statements and records.. 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.. VA uses 38 CFR § 4.71a , General Rating Formula for Diseases and Injuries of the Spine to evaluate most neck pain conditions.. 10 % rating — Forward flexion of the cervical spine over 30 degrees, but less than or equal to 40 degrees; or a combined range of motion of the cervical spine above 170 degrees but not causing abnormal spine contour or abnormal gait. For example, as a veteran begins to develop arthritis in the neck, old neck injuries from the military can start to cause more pain.. Veterans who start the application process right away are more likely to get a VA disability rating for their neck pain.. 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.. You can also appeal this decision to fight for a higher VA disability rating for your neck pain.

a medical diagnosis, a connection to active duty military service (nexus), and medical evidence of recurring or persistent symptoms.. f you have tinnitus, you hear sounds that don’t exist internally, and you hear them persistently, over long periods of time.. The VA may pay benefits for tinnitus, but the highest rating you can receive for tinnitus alone is 10%.. But if you have other service-connected medical issues, you may qualify for a higher disability rating, as VA doctors combine your tinnitus rating with other ratings.. Tip: If you’re already rated for one of these conditions, but not for tinnitus, it may make sense to put an additional VA disability claim for tinnitus as a secondary condition.. Many veterans have significant service-connected mental health issues.. This makes them much more lucrative to pursue than most other medical conditions: According to the 2018-2019 Veterans Benefits Administration Report to Congress, over 13% of disabled veterans with mental health conditions were assigned a 100% disability rating.. Additionally, mental health conditions qualified the veteran for a 30% disability rating 23.7% of the time, for a 50% disability rating 25.9 % of the time, and for a 70% disability rating 28% of the time.. So if you’re already rated for another condition, or considering applying for VA disability compensation for another issue, consider filing a claim for the accompanying mental health issue.. If this is relevant to you, consider putting together your documentation and filing a claim.. Common symptoms of musculoskeletal injuries or disorders include:. Again, while musculoskeletal conditions are assigned a VA disability rating of 20% or less more than 90% of the time, you can also claim them as a secondary condition.. A presumptive disorder is a term that the VA uses to describe medical conditions that were so common among veterans in certain situations that they are considered undoubtedly to be due to active duty, exposure or service.. If you’re still in the service, try to get your injuries or other disabling medical connections documented in your military medical records.

Well, if you experience pain associated with an orthopedic condition, you should get evaluated for potential VA claims.. So in this expert level overview, we show you EVERYTHING you need to know about veteran orthopedic conditions and what that means for your VA claim.. When we talk about veteran orthopedic conditions, a common issue or diagnosis veterans are faced with is arthritis .. Besides the conditions we’ve already covered, veteran orthopedic conditions also include disabling and painful conditions of the neck, knees, ankles, elbows, shoulders, or feet.. Before filing for an orthopedic VA claim, you must have a current diagnosis, a service event or nexus to an in-service event, and a medical examination in line with 38 CFR.. To better prepare yourself for your VA Claim, I recommend spending time on the 38 CFR webpage learning as much as you can about how the VA rates your diagnosis.. The medical professional writing the NEXUS letter will examine your medical records, your service record, and interview you to piece all the connections together of medical evidence for the secondary service connection.. Here’s an article about secondary service conditions to learn more, or watch our video about how to get a secondary service connection for your VA Claim.. Medical providers do not expect you to live in pain, so find an orthopedic team that will listen to you and work with you to get you to a good level of functioning.. The main focus of veteran orthopedic care is to offer a natural way of relieving joint pain and distress.. We’re Veterans helping Veterans Worldwide™, and since 2016 we’ve helped 10,000+ Veterans just like you INCREASE their VA disability rating!. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions

In the VA rating system, orthopedic conditions affecting the spine are separated into neck conditions and back conditions.. Neck conditions typically affect the cervical spine, which consists of seven bones (vertebrae) that are separated by intervertebral discs.. Though back and neck conditions both stem from the spine in most instances, VA rates them as separate disabilities.. (Video) VA Disability Ratings for Neck Pain and Impairments. Veterans will want to submit a diagnosis from a doctor, evidence of an in-service event or cause of the condition, and a nexus that links the condition to time in service.. Similar toVA disability ratings for back pain, VA uses the General Rating Formula for Diseases and Injuries of the Spine under 38 CFR § 4.71a to evaluate the majority of neck pain conditions.

If you have a neck injury related to your time in the military, you might qualify for VA disability benefits.. Military neck is more than just neck pain.. The severity of your injury may only get worse over time.. The VA disability benefits payments also involve higher amounts for veterans with dependents.. The VA might also find that your neck pain is not severe enough for you to claim that you are disabled.

It is also possible for some veterans to experience effects of their skin conditions even after their time in the military has ended complicating matters even further for the veteran.. The Department of Veterans Affairs provides service-connected disability compensation to veterans who were harmed in service in some way and now have a diagnosable disability.. To prove that a veteran’s skin condition was directly caused by military service and service-connected, the veteran would need to show the following 3 criteria to have a chance at a successful VA disability claim:. a current diagnosis of a skin condition or lesions evidence of an incident in service that led to a skin condition or disfigurement in the exposed areas medical evidence (a doctor’s opinion) connecting the current skin condition to the incident in service.. Veterans who served in Vietnam and were exposed to Agent Orange and developed chloracne within the past 12-month period of exposure to Agent Orange or herbicides may be eligible for disability benefits for their skin condition through presumptive service connection.. Skin conditions are rated with the use of the VA General rating formula.. This is what the VA uses to break down each disability rating and disability claim.. The VA rating schedule lists out all of the different types of skin conditions and their rating based on the severity of the condition.. Ratings for dermatitis or eczema are rated based on the healthcare needed and how frequently medication is needed to control outbreaks, the type of medication that is needed, and what percent of the body is affected.. Many veterans are eligible for service-connected disability compensation for scars related to injuries or illnesses sustained during military service such as scars from burns, surgery, and gunshot wounds.. VA Disability for Scars Can I Get VA Disability Compensation for Scars and Burns?

Whether your back pain is the result of an acute injury sustained during service or caused by the chronic stress you experienced during training and regular duty, any back conditions caused or worsened by your military service are eligible for service connection and compensation.. The VA disability rating system separates orthopedic conditions of the spine into those affecting the back (the thoracolumbar spine ) and those affecting the neck (the cervical spine).. There are a number of different back conditions that are subject to compensation under the VA disability system, including the following:. -Mechanical back pain syndrome. Other back conditions may also be subject to service connection and compensation, but make sure to talk to your treating physician and VA examiner in depth about your symptoms, service history, and medical history.. This gives you the best chance of receiving the correct diagnosis, treatment, and VA schedular disability rating.. Some examples of records you will want to submit to the VA include your service medical records, military personnel files reflecting an in-service accident, diagnosis, or change of duty due to back issues, and any private medical records you have that could help establish a connection between your military service and your back condition.. If you are unable to work due to your back condition, getting maximum monthly benefits will usually require a total disability rating based on individual unemployability (a TDIU rating).. Conditions involving injuries to the back muscles are compensated differently depending on the muscle affected and the severity of the impairment.. Muscles of respiration: Thoracic muscle group.. Conditions affecting the thoracolumbar spine such as vertebral fracture, spinal stenosis, ankylosing spondylitis and spinal fusion are all evaluated using the General Rating Formula for Diseases and Injuries of the Spine:. Unfavorable ankylosis of the entire spine: 100% Unfavorable ankylosis of the entire thoracolumbar spine: 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: 40% Forward flexion of the cervical spine 15 degrees or less; or, favorable ankylosis of the entire cervical spine: 30% Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees; or, the combined range of motion of the thoracolumbar spine not greater than 120 degrees; or, the combined range of motion of the cervical spine not greater than 170 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis: 20% Forward flexion of the thoracolumbar spine 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: 10%. The exception to this rating schedule is intervertebral disc syndrome (IVDS), which is evaluated using either the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes (see below).. Ideally, this evidence will include documents diagnosing you with a back condition that began in service or was made worse during your military service and detailing the objective findings that show the severity of the condition.. Our veterans lawyers are experienced in helping veterans obtain service connection for their back and lumbar spine conditions.

Despite their importance, many paratroopers cannot acquire the VA disability benefits they deserve after developing one or more serious conditions because of their service and activities.. In addition, back disabilities are commonly associated with or related to neck disabilities, as both the neck and the back include the spinal cord.. Like other military Veterans, paratroopers may experience other disabilities or chronic conditions directly resulting from their military service.. When Veterans file for disability benefits, they must prove a service connection between a specific event or activity to the claimed disability or condition.. If a Veteran is honorably discharged from the military, then develops a back condition they believe resulted because of their paratrooping work, they may have difficulty connecting the condition to that work.. At its core, the disability application process is about proving that one or more conditions or disabilities are directly related to your work as a paratrooper.. Directly connecting one or more physical disabilities with your time spent as a paratrooper Proving that you have a secondary connection related to your activities as a paratrooper through an existing condition you have already begun to receive benefits for. This is one of the best ways to prove a service connection to your disability or condition, even if the VA doesn’t fully recognize joint issues, foot problems, paralysis, or spinal discomfort as presumptive conditions for paratrooping activities.. Common disabilities for paratroopers deserve to be covered by VA disability benefits just like other disabilities and chronic conditions.

Regardless of what caused your condition, if your knee or leg injury is related in any way to your military service, you may be eligible for VA disability compensation for your condition(s).. Because orthopedic conditions affecting the knee and legs are rated and compensated differently depending on the diagnosis and degree of disability, it’s important that you work with your doctor or an orthopedic specialist to determine the correct diagnosis for your condition.. As stated earlier, if your knee or leg condition(s) began during or were made worse by your military service, you may be eligible for service connection and VA disability benefits.. To prove service connection to the VA, assembling your service medical records, VA medical records, military personnel files reflecting an in-service accident, diagnosis, or change of duty due to knee issues, and any other private medical records you have will help you establish a connection between your condition and your military service.. As evidenced by the rating schedules below, the highest possible schedular disability rating for any given lower leg condition is 40 percent, and the highest possible schedular disability rating for any knee impairment in 60 percent.. This is because of the so-called “ amputation rule .” An amputation of the leg below the knee is generally rated as 40 percent disabling, and above the knee as 60 percent disabling, so any knee or leg condition that falls short of amputation cannot be assigned a schedular rating higher than that.. Hyperextension – an excessive straightening of the leg at the knee joint, putting stress on the knee structures and the back of the knee joint. By far the best evidence is medical evidence (1) diagnosing you with a knee or leg condition that began in service or was made worse during your military service and (2) specifying the severity of the condition.. If you are looking for assistance in filing a claim for service connection for your knee or leg condition(s), or you are hoping to improve the schedular disability rating of your already service-connected knee or leg condition(s), please do not hesitate to give us a call at the number above.

In April 2018, it was determined by the Federal Circuit that the VA must award disability benefits for pain due to military service.. Understanding the rules used to determine VA disability for back problems and their ratings will be helpful as you pursue help.. In determining benefits, the VA refers to the back as the “thoracolumbar spine”.. To assess VA disability for back problems, the VA most often uses the General Rating Formula for Diseases and Injuries of the Spine to evaluate them.. 100% – entire spine affected by unfavorable ankylosis (the abnormal stiffening and immobility of a joint due to fusion of the bones) 50% – the entire thoracolumbar (middle and lower) spine affected by unfavorable ankylosis 40% – forward flexion measures 30 degrees or less; or, the entire thoracolumbar spine is frozen in a favorable position.. 20% – forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, the combined range of motion of the thoracolumbar spine not greater than 120 degrees.. 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.. In order to receive VA disability for back problems, like all VA Claims, the VA will be looking for as much evidence as possible.. We’re Veterans helping Veterans Worldwide™, and since 2016 we’ve helped 10,000+ Veterans just like you INCREASE their VA disability rating!

Because disabilities, both physical and mental, have such a significant effect, the Department of Veterans’ Affairs (VA) seeks to provide disabled veterans with tax-free benefits.. The VA grants disability benefits to Veterans suffering from service-related disabilities – physical and mental problems that are directly linked to an event or injury that happened during a Veteran’s time in the military.. It could also be a condition that developed as a result of a service-related injury – in some circumstances, a Veteran’s disability makes them more susceptible to other problems that stem directly from their service-related injury or experience.. A secondary condition can influence the disability rating that a Veteran receives from the VA.. If a Veteran is suffering from mental or physical problems stemming from a service-related disability, these problems can lead to an increase in the disability rating that the Veteran receives from the VA.. Although secondary conditions may not directly result from service-related events or injuries, if the VA can establish a connection between these problems and a service-related disability, secondary conditions can make a Veteran eligible to receive more benefits each month.. If you are suffering from a secondary condition in addition to your service-related disability, your disability rating from the VA could likely be higher than it currently is.. Because secondary conditions can make life much more difficult for Veterans and were caused by military service, the VA recognizes secondary conditions as grounds for raising a disabled Veteran’s disability rating.. Secondary conditions are often harder for the VA to assess, diagnose, and measure than disabilities that are directly connected to a Veteran’s military service.. It can be difficult for the VA to establish a direct connection between a Veteran’s anxiety and their military service in some cases, but the condition can still often be recognized as secondary to another disability.. The VA may recognize side effects from psychiatric medications as a secondary condition that can qualify a veteran for a higher disability rating.. A veteran’s military service may not directly cause these headaches, but they are often a secondary condition brought on by a service-related disability.. If you are suffering from a secondary condition in addition to a service-related disability, you deserve to have your disability rating raised by the VA.

VA Claims for Back Pain and Back Disabilities | Are You Rated Properly?. Its another way to rate a spinal condition.. In VAs rules, incapacitating episodes means signs and symptoms that your doctor says require bedrest that your doctor orders.. Like regular claims for service connection, the veteran will need to submit certain evidence with their claim.. A diagnosis for your secondary condition and Medical evidence showing the link between your service-connected condition and secondary condition.. After years of fighting to show that their back problems are related to service, when they finally win, VA often awards only a 10 percent rating for the veterans pain.. Back Pain, What You NEED TO KNOW to Maximize Your VA Disability Rating!. Applying for and receiving the correct disability compensation from the VA for back conditions connected to your time in service can be difficult.. Whether you have problems proving your back problems are related to service or proving to the VA just how debilitating your back injury is, you may find yourself needing assistance when applying for VA disability compensation for injuries to your back.. This means you have the same issues as bullet #1, but only in your upper back and shoulders 60% VA disability rating for Intervertebral Disc Syndrome episodes lasting 6+ weeks .. 100% VA disability rating for spinal cancer .

VA rates eczema under 38 CFR § 4.118 , or the Schedule of Ratings for the Skin.. VA presumes service connection for certain conditions based on the location and time of service.. VA may request a Compensation & Pension (C&P) exam to examine the veteran’s skin once a claim for eczema has been filed.. If service connection is granted, the findings of the exam will be used to assign a disability rating for the condition.. If service connection is granted for a veteran’s eczema and a rating is given, that rating can help contribute to a veteran’s eligibility for TDIU.

If you have a scar, you may be eligible to receive VA disability for scars.. You will receive your VA compensation rating for scars based within the following categories:. The VA disability for scars under this category are rated by 10% and the scar must be in an area 144 square inches or greater.. Acne VA Disability Rating c Acne VA disability rating is rated under within the same 38 C.F.R.. § 4.118 which rates scars.. VA Disability for Surgery Scars — VA disability for receive a rating of 10% since most surgical scars are superficial.

The Court of Appeals for Veterans Claims has said flare-ups must be accounted for in rating these types of injuries, yet VA examiners rarely follow their guidance.. Therefore, the VA should increase the Veterans disability rating based on the impact flare ups could have on a Veterans day-to-day life.. If you believe you were given a low VA disability rating for flare-ups because your VA examiner did not take them into account when performing your C&P exam , you have the right to appeal.. In 1995, in the decision of DeLuca v. Brown, the Court ordered the VA to consider whether a flare-up significantly reduced a Veteran’s ability to function and instructed higher ratings be provided if it did.. VA examiners were already obligated to take the Veteran’s statements about his or her condition into account when making their assessments, but the Court has renewed that obligation regarding to flare-ups.. If VA examiners do an inadequate job exploring the veteran’s flare-ups, the VA is obligated to provide another examination.. If a Veteran does go to a VA examiner, it is important to provide the examiner with the right tools to give the best medical opinion possible.

Yes, you may qualify for VA disability compensation due to scarring – depending on the severity and location of your scars.. According to the 2019 VA Benefits Report, Scars are the sixth most common service-connected disability for new disability compensation recipients, according to the VA, affecting more than a million veterans.. Pain Stability Size – based on the total area of scar tissue Shape – linear vs. non-linear Affected areas of the body Limitation of motion Deepness or superficiality – A deep scar adheres to underlying tissues; a superficial scar is not associated with underlying tissue loss.. If scar tissue affects your vision – for example – if the scarring results in the loss of both eyes, you may qualify for a combined rating for both your scarring and your vision loss.. Scar length > 5 inches Scar width of one-quarter inch or more at the widest point (linear scars) The surface contour of scar elevates or depresses when pressed Scar sticks to soft tissue beneath Changes in skin color in a 6-square inch area or greater Abnormal skin texture (irregular, atrophic, shiny, or scaly, etc.. As you would expect, scarring to the head, face and neck qualify for higher disability ratings than scars on your torso or extremities.. VA Disability RatingCriteria10% One or two scars that are painful or that are unstable;Total area of areas of scar tissue totaling at least 6 square inches but less than 12 square inches;. 20% Three or four scars that are painful and/or unstable;Non-linear and deep scarring in areas other than the head, face or neck, affecting a total area of at least 12 square inches but less than 72 square inches.. 30% Five or more unstable or painful scars;Non-linear and deep scarring not on the head, face or neck, affecting a total area of least 72 square inches but less than 144 square inches;. So if you have a significant scar on your left leg that qualifies you for a 20% disability rating, and another scar on your right arm that also separately qualifies for a 20% disability rating or perhaps service connected razor bumps (pseudofolliculitis barbae) , your doctor may combine them together and you could receive a 40% rating.. However, if both scars are on the same leg, for example, you would only receive the greater rating of the two scars.. However, even if you have multiple scars on one area of your body, the entire scarred surface area can combine to count toward the total area requirement to meet VA criteria.

If a veteran is service-connected for their diabetes or cancer, and subsequently develops nerve damage, they should get secondary service connection for their nerve damage.. Paralysis – the most severe category; the nerve cannot function at all and can result in complete or partial paralysis Neuritis – the nerve can still function, but it is swollen, irritated, and painful; involves at least one of the following: (1) decreased ability to sense; (2) muscle atrophy; and/or (3) loss of reflexes Neuralgia – sharp pain due to an irritated or damaged nerve; can also cause tingling, numbness, etc.. However, if the limited motion is not caused by the nerve damage, then it can be rated separately, in addition to a nerve diagnostic code rating.. Complete – the nerve is completely paralyzed, and the body part cannot function at all (equivalent to if it was amputated) Incomplete, severe – the nerve is not completely paralyzed, and there are symptoms (e.g., poor blood circulation and muscle atrophy) that significantly limit the body part’s ability to function Incomplete, moderate – the nerve is not completely paralyzed, and there is tingling, numbness, moderate pain, or other symptoms that interfere with the body part’s functioning Incomplete, mild – the nerve is not completely paralyzed, and there is only tingling or mild pain in the affected body part. Additional considerations for rating nerve damage include the fact that for all nerve ratings for the arms only, a higher rating is given if the affected arm is the dominant arm.

Posted by Berry Law on. September 9, 2021 in Disability Ratings Millions of Americans experience some form of peripheral neuropathy, especially those affected by diabetes.. Peripheral neuropathy affects the hands and feet for most Americans and Veterans, but it may affect the nerves everywhere, including the legs, arms, torso, neck, and face.. Many of the most common peripheral neuropathy symptoms include:. Like all other disability benefits, a VA disability rating for peripheral neuropathy requires proof of:. Because peripheral neuropathy is a condition that affects the nervous system, it may be rated under several different diagnostic codes.. Note that, for a Veteran to qualify for this type of disability benefit, it is presumptive if it is shown that the neuropathy is severe enough to have received a 10% within one year from release from active duty.. Many Vietnam Veterans may qualify for VA disability compensation for peripheral neuropathy based on their service conditions.

Thyroid conditions can occur when your thyroid produces too much or not enough hormones.. How does the VA rate thyroid conditions?. How does the VA rate thyroid conditions?. Thyroid disease is any condition related to your thyroid gland, an organ located at the front base of your neck.. Hyperthyroidism, otherwise known as “overactive thyroid,” is when your thyroid gland produces too much hormone.. The VA rates thyroid enlargement as toxic ( diagnostic code 7901 ) or nontoxic ( diagnostic code 7902 ) in the Schedule for Rating Disabilities.. The VA rates thyroid enlargement at 30% for six months after diagnosis, paying $467.39 a month.. After six months, the VA would rate the symptoms caused by thyroid enlargement.. The VA rates thyroiditis ( 7906 ) at 0% with normal thyroid function.. Does the VA rate thyroid conditions?. Yes, the VA does rate various thyroid conditions.

The Department of the Veterans Affairs (VA) may not have informed you of all the benefits you are eligible for.. If you had active military service and you were discharged under conditions other than dishonorable, you may qualify for VA health care benefits.. For more information, see VA Health Care Benefits and the Veterans Health Administration (both on the VA's website).. For more information, see our article on veterans service-connected disability compensation .. For more information, see VA Education and Training on the VA's website or call 888-GI-BILL-1 (888-442-4551).. These grants are available to disabled veterans who require modifications to their homes due to the severity of their disabilities.. For more information about all of the VA life insurance programs, see the VA's web page on VA Life Insurance Programs or call the VA's Insurance Center at 800-669-8477.. As a disabled veteran, you have the right not to be discriminated against in your employment.. You have the right to appeal decisions made by the VA. You can appeal when you are denied disability compensation, pension, education benefits, coverage for medical services, or other benefits.. To appeal, you will need to file a Notice of Disagreement (NOD) with the VA office or medical center that made the decision.. For more information on how to do it, see our article on appealing a VA decision .. To locate VA offices and facilities in your community, see the VA Directory.

What is this condition, what causes it, and why is it claimed so often?. It’s worth noting that VA is proposing new changes that would raise the standards for disability compensation ratings for veterans with tinnitus.. Currently, if a veteran has tinnitus and can prove it, they may file a VA service-connection claim and potentially receive up to a 10% disability rating.. The maximum tinnitus VA rating will always be 10% but veterans can receive an increased rating if their service connected tinnitus directly led to or worsened other serious conditions; OR if their tinnitus was caused by an injury and/or disease that occurred during their time in service.. Because tinnitus is often linked with hearing loss, a hearing test is usually administered along with tinnitus testing.. Were you stationed near loud noises like working on a flight line, working with or near explosives, explosives or, gunfire?. If you're a veteran whose migraines resulted from your time active duty time in the service, you…

The minimum permanent rating for a shoulder replacement is 30 percent for a dominant arm and 20 percent for a non-dominant arm, but you could get a rating as high as 50 or 60 percent, depending on your condition.. If your arm cannot move 25 degrees away from your side, you’ll get a disability rating of 50 percent for a dominant arm or 40 percent for a non-dominant arm.. And if you can raise your arm to 90 degrees, or level with your shoulder, you’ll get a disability rating of 20 percent, no matter which arm the injury is on.. If your shoulder frequently dislocates after your injury, it will be given a rating of 30 percent for a dominant arm and 20 percent for a non-dominant arm.. So if you have a shoulder separation and a humerus injury that rate at 20 percent each, your disability rating is not 40 percent.

If you are experiencing knee pain, a knee injury, or functional loss of the knee relating to your military service, you may be eligible for disability compensation based on a variety of factors.. In this case, you will need to provide documentation that you had knee pain or a knee disability prior to your military service, as well as documentation that your military service made that knee pain worse.. The VA will rate knee pain and conditions under many different diagnostic codes, depending on the specific problem, or problems, caused by a knee condition.. Total Knee Replacements: If your knee disability becomes so severe that a total knee replacement is required you will automatically receive a temporary 100% rating for one year post surgery.. However, if you have problems with your knee dislocating or giving out because of a service-connected disability, instability of the knee can be rated in addition to other ratings for the same knee.. To break the multiple-rating system down, if you have trouble bending your knee, straightening your leg, and your knee gives out on you, then you are entitled to three separate ratings (limitation of flexion, limitation of extension, and instability of the knee).

Videos

1. VA Disability for Hypothyroidism | Veterans Disability Lawyers
(Berry Law - Veterans)
2. How to Get a 50% VA Rating for Migraines
(Chisholm Chisholm & Kilpatrick LTD)
3. VA Disability for Chronic Pain
(Chisholm Chisholm & Kilpatrick LTD)
4. Radiculopathy VA Disability Rating: Cervical, Lumbar, Thoracic
(Chisholm Chisholm & Kilpatrick LTD)
5. Bilateral Factor VA Ratings for VA Disability Claims
(Chisholm Chisholm & Kilpatrick LTD)
6. Eye Conditions VA Disability Claims
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