Va Disability Claim For Back Pain
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If your back pain is severe but doesnt qualify you for a 100 VA disability rating you may be able to file a claim for a secondary condition to lower back pain such as radiculopathy to potentially increase your overall disability rating.
Va disability claim for back pain. In April 2018 it was determined by the Federal Circuit that the VA must award disability benefits for pain due to military service. There are many steps involved in obtaining VA disability benefits for back pain. Get a medical diagnosis or something to prove that you do have back pain. As a result we see many VA Disability claims that include back pain or back problems.
In order to be successful with your VA disability claim you have to know what the VA is looking for. First you must prove to the VA rater that your back pain has a clear NEXUS or service-connection. Lets start with the good news about getting VA disability for back problems. If you experienced a back injury during active duty or an injury that later contributed to back pain you may be eligible for disability benefits.
As mentioned above chronic back pain would qualify for VA disability benefits for chronic pain even if the cause of the pain is undiagnosed. A recent ruling by the US. Let a VA disability attorney at our firm guide you through every step of the veterans. Next you will need to find the link to your time in service.
If you are bent forward and cannot move your thoracolumbar spine at all then you should qualify for a 50 percent rating for unfavorable ankylosis. Generally VA disability ratings for back pain range from 10 to 100 and depend upon the frequency severity and duration of symptoms including Painful Motion Limitation of Range of Motion ROM and Functional Loss or Impairment. Court of Appeals determined that even without an underlying disability pain could be a legitimate reason to award VA benefits. As of April 2018 veterans are now eligible to receive disability benefits and compensation for chronic pain so long as that chronic pain causes functional impairment or loss.
On April 3 the court ruled that pain without any. In addition Back Pain is a common secondary VA disability claim especially Radiculopathy secondary to back conditions or back pain. You must not only establish that your condition is medically verifiable but also link it to your time on active duty. As with most medical conditions the VA disability rating for back pain depends on a variety of factors.
Does Chronic Back Pain Qualify for Disability. So if your back is straight but you cannot bend your thoracolumbar spine at all then that is considered favorable ankylosis and would qualify you for a 40 percent VA disability rating. Previously pain without an underlying diagnosis was not awarded compensation meaning that many many veterans with a back disability were not awarded benefits. Back problems themselves cause enough issues with daily and functional living however as many veterans have discovered back conditions also commonly lead to a slew of secondary medical conditions or complications.
A 2018 ruling by the US. Court of Appeals for Veterans Claims may have a major effect on the outcome of many veterans disability claims. A VA claim for back pain You dont necessarily need a diagnosis of a specific spinal condition to win a VA claim for back pain. Prior to this decision the Court of Appeals for Veterans Claims CAVC had held that pain alone without an underlying diagnosis was not compensable.
Radiculopathy is caused by compression of the nerves at the location they leave the spinal cord. In April 2018 the United States Court of Appeals for the Federal Circuit held that VA must award disability benefits for pain due to military service.