You may not have any record of it at all. If youre uncertain about whether you may qualify for VA disability benefits based on a service-connected neck injury, need help putting together a solid application, or are appealing a denial of benefits, an experienced veterans disability benefits advocate can help you determine the best next steps. Neck pain has many different causes and can range from stiffness or an occasional ache to a condition that seriously limits the range of motion and may cause other symptoms. The examiner may ask questions about the condition or time in service, as well as physically examine the veteran. Hear from fellow Veterans just like you, with many of our Business Development Representatives having gone through our programs. 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. 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. It is the intention to recognize actually painful, unstable, or malaligned joints, due to healed injury, as entitled to at least the minimum compensable rating for the joint. Sciatic neuritis is not uncommonly caused by arthritis of the spine. Due to the veterans Arthritis condition, is there functional impairment of an extremity such that no effective function remains, other than that which would be equally well-served by an amputation with prosthesis? Fill out the short form below to contact us. This information is not a substitute for legal advice. 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. Back conditions typically correspond to the thoracolumbar spine, which is composed of several different types of vertebrae. How to File a Claim on VA.gov (step-by-step)! 14. Woods & Woods made the difference. For the purpose of rating disability from arthritis, the shoulder, elbow, wrist, hip, knee, and ankle are considered major joints; multiple involvements of the interphalangeal, metacarpal and carpal joints of the upper extremities, the interphalangeal, metatarsal and tarsal joints of the lower extremities, the cervical vertebrae, the dorsal . Crepitation either in the soft tissues such as the tendons or ligaments, or crepitation within the joint structures should be noted carefully as points of contact which are diseased. You can use these forms to submit medical evidence from your health care providers. For example, if your pain causes depression, that condition may now be considered eligible. There are others that get a lot of run-around about their condition, the causes, and the state of their disability. Degenerative arthritis established by X-ray findings will be rated based on limitation of motion under the appropriate diagnostic codes for the specific joint or joints involved (DC 5200 etc.). They are completely separate branches of the government, but they sometimes consider one branchs approval as they approve your VA benefits. 2023 VA Disability Calculator; Increase Rating; Our Expertise. While many service-connected disabilities occur in combat or otherwise in the performance of a servicemembers military duties, thats not a requirement. Arthritis caused by an accident or injury (post trauma). 6. A doctor's physical exam and electromyogram (EMG) that confirms a radicular condition serve as bases for ratings. Osteoarthritis causes degenerate changes to the cartilage whereas Rheumatoid Arthritis is a disease whereby the immune system attacks the joints. For example: The connections may not be immediately obvious to you, and your doctor may not have mentioned the link between two conditions being treated. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_3" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_4" ).setAttribute( "value", ( new Date() ).getTime() ); document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ); Were you stationed at Camp Lejeune before 1987? All information these cookies collect is aggregated and therefore anonymous. They can even break off and get into your joints and cause even more pain. Those types of claims almost always include some sort of injury to legs or arms, a PTSD rating, or some other service-connected injury. For example, if someone is given a 30% disability rate, it would indicate that the injury is impairing the individual so that they see a decrease of 30% to their overall health and functionality. 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). Apply for and manage the VA benefits and services you've earned as a Veteran, Servicemember, or family memberlike health care, disability, education, and more. Your military neck injury may have not been a big deal at the time. There are two ways to be awarded TDIU, often referred to as schedular and extraschedular. http://www.militarydisabilitymadeeasy.com/diseasesofthemusculoskeletalsystem.html#a By submitting this form I give express consent that this serves as my electronic signature to being called, text or emailed regarding a free consultation to determine if Veterans Help Group can help me with a Social Security and/or Veteran's Disability claim. In late 2017, VA began a multi-year effort to revise and update the VASRD, or VA Schedule for Rating Disabilities. Neurological disorders and bowel or bladder disorders fall into this category. These cookies dont collect information that identifies you. that affect multiple joints in the body and could affect other body systems as well. In other words, if a veterans neck pain and any other conditions they may have prevent them from making enough income to support themselves, they may be awarded TDIU. Neck conditions typically affect the cervical spine, which consists of seven bones (vertebrae) that are separated by intervertebral discs. This rating formula is based mainly on range of motion measurements according to the following criteria: Examples of conditions that often cause neck pain are rated using the above formula include the following: Secondary service connection is when a veterans already service-connected condition causes a new, separate disability, or aggravates a preexisting disability, that is not service-connected. If you reach around to your back under your arm, you are touching the thoracolumbar area of your back. By continuing to use our website, you agree to these updates. In fact, injuries that occur on leave may qualify. Under Diagnostic Code 5002, the VA rates your rheumatoid arthritis case based on the following: 100%: The veteran's rheumatoid arthritis results in incapacitation. DC 5002 does not cover post-traumatic Arthritis or gout. Give us a free call today and lets see what we can do for you. Amputation, or injury to an upper extremity, is not considered as a causative factor with subsequently developing arthritis, except in joints subject to direct strain or actually injured. (Functions of the upper extremity include grasping, manipulation, etc., while functions for the lower extremity include balance, propulsion, etc. Conditions cannot be rated under both Limitation of Range of Motion and Degenerative Arthritis due to the avoidance of pyramiding so, Limitation of Range of Motion first, and if not, then only Arthritis. Furthermore, as to case summaries, reports of past results, individual lawyer biographies, news posts and other information pertaining to past and present cases, these descriptions are meant only to provide information to the public about the activities and experience of our law firm. ClickHEREto read our Top 3 Reasons Why Veterans Should Get a Nexus Letter for Arthritis. We are paid one time, only if we win your claim. For instance, which pages you go to most. However, the most common VA disability rating for Arthritis is under joint conditions as Limitation of Range of Motion. Here one of our VA disability lawyers goes over the questions Woods and Woods, The Veterans Firm, is often asked about veterans disability claims and appeals. Dont feel embarrassed to apply for VA disability for back pain from sitting in a chair. Due to the Arthritis condition, does the veteran have exacerbations which are not incapacitating? if you got sick or suffered the injury while serving in the military. This will generally require separate evaluation of the arthritis in the joints directly subject to strain. When you call us, we go through an in-depth interview during your free phone calls to make sure we dont leave any money on the table for the VA. Talk to Us About Your Claim:(866) 232-5777, Have you been denied a VA disability rating for cervical spine pain, whiplash, or degenerative disc disease? Rheumatoid Arthritis can be caused by trauma but also be hereditary. Does the veteran have a diagnosis of Arthritis? The accelerated aging process in your neck caused degeneration of discs and cartilage and the growth of osteophytes. The courts further likened the reasonable doubt rule as akin to the principle in baseball that the tie goes to the runner.. The main determining factor is how much of a Range Of Motion (ROM) you have. If you had any of these conditions and took Xeljanz, contact us to see if your side-effects qualify for this case. Already working with us? Cervical Spine ratings have to do with your neck. Back pain can be a symptom of fibromyalgia, diabetes, or other more serious spine injuries, so you want all of it checked out. For the purpose of rating disability from arthritis, the shoulder, elbow, wrist, hip, knee, and ankle are considered major joints; multiple involvements of the interphalangeal, metacarpal and carpal joints of the upper extremities, the interphalangeal, metatarsal and tarsal joints of the lower extremities, the cervical vertebrae, the dorsal vertebrae, and the lumbar vertebrae, are considered groups of minor joints, ratable on a parity with major joints. 38 CFR 4.71a is where all of the neck (cervical) and other back injuries are listed. Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. The amount you are awarded monthly depends up your VA disability benefits rating. 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. Arthritis is the swelling and tenderness of one or more joints. We have experience with legacy claims and the RAMP (Rapid Appeals Modernization Program) because weve been helping people like you since 1985. 4.30 Convalescent ratings. Finally, we invite you to contact us and we welcome your calls, letters and electronic mail. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. Woods and Woods, LLC, Veterans Disability Lawyer, Veterans Disability Benefits Attorneys Helping Veterans Nationwide, Published on September 16, 2019 by Neil Woods Last Updated on March 21, 2023. Whether or not the injury and/or onset of the condition is documented in your military records, youll need to provide documentation from your current medical providers, as well as information about the limitations you face as a result of the condition. In 2023, if a disabled veteran with a spouse and no children has a 100% VA disability rating, he or she would be entitled to a monthly disability compensation payment of $3,621.95 (tax-free). 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. When you talk to the VA or your doctor, they are going to talk about Cervical spine issues and thoracolumbar spine issues. For example: This type of evidence in your military records is very helpful. The VA uses a general rating formula called the Veterans Affairs Schedule for Rating Disabilities to determine the specific percent rating. I honestly believe that:1. Because the VA's rules and regulations keep them from giving higher ratings just for back pain, a Veteran will have to go . Similar toVA disability ratings for back pain, VA uses the General Rating Formula for Diseases and Injuries of the Spine under38 CFR 4.71ato evaluate the majority of neck pain conditions. Public Disability Benefits Questionnaires (DBQs) DBQs help collect necessary medical information to process your disability claims. Is the veterans Arthritis manifested by severely incapacitating exacerbations occurring four or more times a year, or a lesser number over a prolonged period? Why Hire CCK for Your VA Disability Appeal? You can also service connect the increased injury to your joints. Does the Veteran have any joint involvement (e.g., pain, limitation of motion, joint deformity) attributable to the Arthritis condition? Unfortunately, it is very difficult to get TDIU (Total Disability / Individual Unemployability) from neck pain alone. If youre uncertain about whether you may qualify for VA disability benefits based on a service-connected neck injury, need help putting together a solid application, or are appealing a denial of benefits, an experienced veterans disability benefits advocate can help you determine the best next steps. The secondary conditions are one of the main reasons you want to work with a certified VA disability lawyer. As your arthritis develops, the spinal canal may narrow, pinching the spinal cord or the nerves around it. If you were in a jeep or a tank that got the shock of an IED or even just a fender bender, you might have a record of one of these injuries in your medical record. Your Arthritis May Progress as Fast as your VA Claim, Get Reports from Your Doctor about Changes in Your Symptoms, VA Benefits for Various Back Injuries and Conditions, How Arthritis in the Spine is Rated by Veterans Affairs, VA Ratings for Spine Issues are Based on Movement, Pain, and X-Rays, Different Types of Arthritis Can Get Different VA Ratings, Bone Spurs Cause Burning or Tingling in Your Hands or Feet, Dont Wait Until Arthritis and Back Pain is Unbearable, Get a Free Consultation from our Certified VA Lawyer Team. While our writers and doctors and lawyers and case managers work on your case, they are paying it forward sometimes for 10 years before we ever get paid for your case. Arthritis VA Ratings can be confusing, so hang with me as I explain how the VA rates Arthritis. Since the progression of your symptoms is critical to the level of your rating, you want to include all of these symptoms together in your application. All Rights Reserved. Talk to us about your current disabilities and well let you know if they might also qualify for VA benefits. 11. 3. Sudden acceleration or deceleration from a vehicle crash in the military may have started your whiplash injury. Post-Traumatic Arthritis is generally rated at 10%. As degenerative disc disease gets worse, it will help if you have reports from a doctor showing the change over time.
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