Va Disability Compensation For Chronic Back Pain
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The VA stated that depression diagnosis from chronic pain was a rateable condition but the CPS was not.
Va disability compensation for chronic back pain. So veterans dont receive a VA disability rating for chronic pain specifically. Previously pain without an underlying diagnosis was not awarded compensation meaning that many many veterans with a back disability were not awarded benefits. 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. Essentially if a veteran has pain related to their time in service but does not have an underlying medical diagnosis they can still receive VA disability benefits.
The VA awards disability compensation for each Back and Spine condition that is service-connected. Importantly the pain must cause functional impairment or loss. In order to receive VA disability compensation for chronic pain the symptoms caused by the chronic pain disorder must be ratable. The chronic pain syndrome VA rating isnt always straightforward.
The process of filing for VA compensation for back pain begins with medical documentation. Thus it does not matter whether the back pain is caused by a degenerative intervertebral disc improperly heal spine fracture or pinched nerve in the neck. Having back pain or some limitations alone will not be enough to qualify for the 20 percent VA rating since VA defines incapacitating episodes. For example oftentimes a veterans chronic pain will cause depression.
A recent ruling by the US. If you have a direct service connection for your back condition and have developed any of these conditions or symptoms of these conditions you may be entitled to VA benefits due to secondary disability and are entitled to a VA disability rating for the same. 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. As such VA will assign a rating based on those impairments related to the chronic pain.
The good news is that the episodes do not have to be two weeks in a row. For example a veteran with a service-connected back condition that produces chronic pain should be able to receive VA disability compensation for problems with sleeping standing lifting sitting and walking. Versus what I personally experienced years ago. In April 2018 it was determined by the Federal Circuit that the VA must award disability benefits for pain due to military service.
From there you will be subject to range of motion tests so the VA can determine the severity of your disability to assign you a rating. You must have a physician diagnose you with a chronic condition or pain. We discuss how chronic pain affects mental health in a different blog. As mentioned above chronic back pain would qualify for VA disability benefits for chronic pain even if the cause of the pain is undiagnosed.
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. For Reservists the condition must have occurred in or resulted from an injury in the Line of Duty to qualify. Typically a chronic pain claim or chronic pain syndrome should be linked to another service-connected disability aka a secondary claim. Court of Appeals for Veterans Claims may have a major effect on the outcome of many veterans disability claims.
In VAs rules incapacitating episodes means signs and symptoms that your doctor says require bedrest that your doctor orders. Making a VA back pain claim. Does Chronic Back Pain Qualify for Disability. This is because the VA does not have a specific diagnostic code for chronic pain.
The DoD will also rate service-connected conditions as long as they also make the service member Unfit for Duty.