Va Disability Rating Neck
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Knowledge of these subtleties involved in the rating of this condition are important for a successful and fair rating of your service-connected disability.
Va disability rating neck. If the nerve damage is causing the limited motion then only one rating can be assigned either under a nerve diagnostic code or under limited motion. How VA Disability Ratings for Neck Injuries Work. Court of Appeals for Veterans Claims issued a decision last month that could make it easier for veterans with injuries to the back neck and joints to obtain higher. A Veteran can be rated anywhere from 30 to 100 disabled for their neck or back if their neck or back or both have ankylosis.
The main determining factor is how much of a Range Of Motion ROM you have. Veterans Benefits The US. In order to qualify for VA benefits by law a veteran must first have an honorable or other than honorable discharge. Specifically VA uses the General Rating Formula for Diseases and Injuries of the Spine as follows.
According to the VA flexibility must be fairly limited to even get a 20 percent disability rating. The Torso and Neck Muscles are divided into five groups for rating purposes. There are a wide variety of back and neck issues you could get a VA disability rating for. Because so much goes on inside of your neck the ratings for neck problems go up fast.
For Reservists the injury must have occurred in the Line of Duty to qualify. You can see in this picture from CFR 38 Section 471a that they are still measuring it the same way they were measuring it 20 years ago. It is also rare for Veterans to be rated this way. The VA is interested in how your issues affect range of motion flexibility and other aspects related to your ability to bend sit stand work etc.
Berry Law - Veterans. However other areas of VA law require that the VA consider how much flare-ups affect a Veteran when rating him or her. The Schedule of Ratings lists disabilities under different categories based on the part of the body affected. For Reservists the condition must have occurred in or resulted from an injury in the Line of Duty to qualify.
If your doctor orders bedrest the frequency of your incapacitating episodes can also be the basis for a rating. To qualify for a 50 percent rating a veteran would need to have unfavorable ankylosis of the entire thoracolumbar spine Because of that qualifying for a 50 percent rating for a thoracolumbar spine disability is very difficult. If youre a Veteran with a 70 disability rating and you have a spouse plus 3 dependent children under the age of 18 you would start with the basic rate of 165671 for a Veteran with a spouse and 1 child. More recently the VA did allow some modifications to its rating of degenerative joint disease of the back and neck.
The DoD will also rate service-connected muscle injuries as long as they also make the service member Unfit for Duty. The tiers work there way up from 10 20 30 40 and 50 and then jump all of the way up to 100. Technically the highest VA rating for a thoracolumbar spinal disability is 50 percent. The DoD will also rate service-connected conditions as long as they also make the service member Unfit for Duty.
Meaning that if you are significantly limited in your ability to bend at the waist you might qualify for the 20 percent rating. 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. Importantly once it is determined which of the three categories the nerve damage falls under it can then be rated either under that category or based on limited motion whichever results in the higher disability rating. VA rates spinal fusion according to 38 CFR 471a Schedule of Ratings Musculoskeletal System Diagnostic Code 5241 and the criteria is based largely on a veterans range of motion.
This will be determined on whether there is forward flexion greater than 30 degrees but less than 60 degrees. The VA uses diagnostic code 5003 to determine your degenerative disc disease disability rating. VA Ratings for Spine Issues are Based on Movement Pain and X-Rays At your CP Exam they will measure your flexion FLEK-shun in your neck and back. Disabled veterans are eligible for VA disability benefits and can use the VA Claims Insider service connected disabilities list which lists 833 possible VA disabilities and is a comprehensive VA disability claims list derived from my eBenefits.
The VA awards disability compensation for each Back and Spine condition that is service-connected. The VA disability rating system separates orthopedic conditions affecting the spine into neck conditions the cervical spine and back conditions the thoracolumbar spine. Under each category is a list of diagnostic codes representing common disabilities of that body part. Spine conditions are usually rated based upon how limited your back or neck range of motion is.