va rating for lumbosacral or cervical strain

Radiculopathy is caused by compressed nerves in the spine and results in pain, numbness, tingling, or weakness along the nerve. REPRESENTATION VA Disability Ratings for Back Pain and Spinal Arthritis VA disability ratings for back pain go from 10% to 100% depending on how severe your symptoms are, including your range of motion and pain frequency and level. In this case, as explained in the Introduction, the Veteran was granted service connection for his cervical strain in a July 1995 rating decision. 119, 126 (1999). If that same veteran has limited ROM to rate for 10% in the low back and the cervical spine is this 10% or 20%, because 10% for low back and 10% for cervical ROM. We may be able to help you. Need help with Medical Compensation? at 271 (holding that the Board errs as a matter of law by failing to ensure compliance with its remand orders). Otherwise, the denial stands. If this happens to you, you still have options to get the decision changed. 38 U.S.C.A. App. The Veteran was advised regarding the evidence that VA is responsible for obtaining. Claims involving both the cervical spine and the thoracolumbar spine are rated under the same general rating formula. Vertebral fractures are common among veterans disability claims due to the physical exertion that most active-duty soldiers experience. ) However, in a July 2016 rating decision, the RO increased the Veteran's cervical strain to 20 percent effective April 18, 2016, also under General Rating Formula for Diseases and Injuries of the Spine, lumbosacral or cervical strain (Diagnostic Code 5237). Intervertebral Disc Syndrome (IVDS) and VA Disability we represent clients nationwide. The Veteran was also advised that it was ultimately his responsibility to give VA any evidence pertaining to the claim. Furthermore, private treatment records have from December 2013 have been added to the record. VA Rating for Degenerative Disc Disease - Hill & Ponton, P.A. The VA uses ankylosis in providing ratings for the following conditions: 5235 Vertebral fracture or dislocation 5236 Sacroiliac injury and weakness 5237 Lumbosacral or cervical strain 5238 Spinal stenosis 5239 Spondylolisthesis or segmental instability 5240 Ankylosing spondylitis 5241 Spinal fusion -Lumbosacral sprain/strain. Over-the-counter or professionally prescribed medication. VA treatment records note a history of chronic neck pain, spasmodic torticollis, and pain that radiates from neck to both arms, shoulders, and lower back. Francisco v. Brown, 7 Vet. ORDER For disabilities of the joints in particular, the rating schedule specifically contemplates factors such as weakened movement; excess fatigability; pain on movement; disturbance of locomotion; and interference with sitting, standing, and weight bearing. The grant of an increased rating during the course of an appeal does not affect the pendency of that appeal. 3.321(b)(1) (related factors include "marked interference with employment" and "frequent periods of hospitalization"). We are sorry that this post was not as useful for you! Fixation of a spinal segment in neutral position (zero degrees) always represents unfavorable ankylosis. The degree of severity, represented by a percentage, corresponds to the monthly compensation a vet receives. midsection, and ab muscles; The lumbar (or lumbosacral) spine, conveying sensation through the lower back, glutes, hamstrings, and leg muscles; . 4.25. The VA commonly requires C&P exams to rate disability and determine the connection to service. In moderate neuralgia, typical of a radiculopathy diagnosis, a veteran experiences numbness, and tingling, and moderate to severe pain. However, as of yet, the Veteran has not appealed the issue of radiculopathy of the left and right upper radicular groups and middle radicular groups. Thank you Mr. Lippman. Toll-Free Fax: (866) 931-7468 Here're a few tips to get a lumbosacral or cervical strain VA rating: You Should Have A Diagnosis You need a lumbosacral or cervical strain diagnosis in your medical records. Examples of in-service incidents may include breaking or dislocating a vertebra or suffering physical back strain while training, operating a weapon, lifting equipment, jumping, or completing other military exercises. App. However, the matter was again remanded by the Board in December 2013 for further development and adjudication. PDF Spine Examination - Veterans Affairs Muscle relaxant can assist with muscle fits. Before filing, always check the Supplement Filing Record (page C-8) to be sure that all prior supplements have been filed. The IVDS rating formula ranges from 10% 60% and is based on the duration of incapacitating episodes within the past 12 months. Service Connection by Aggravation: What If You Were Diagnosed With Radiculopathy Before Service? Cincinnati, OH: 300 E Business Way, Suite 200, Summit Woods Corporate Center, Cincinnati, OH, 45241 Camp Lejeune Lawsuit. Cleveland, OH: 600 Superior Ave. East, Fifth Third Building, Suite 1300, Cleveland, OH, 44114 In the second step of the inquiry, however, if the schedular evaluation does not contemplate a Veteran's level of disability and symptomatology and is found inadequate, it must determine whether the Veteran's exceptional disability picture exhibits other related factors such as those provided by the regulation as "governing norms." yet assertive representation for our clients. Houston, TX: 2925 Richmond Ave, 12th Floor, Houston, TX 77098 The examiner did not find any additional decrease in range of motion with repetitive movement as it relates to pain, weakness, fatigability, or incoordination, with no additional decrease in range of motion with flare-ups. Always file your supplemental materials immediately upon receipt. Even infections of the spine may be confused with DDD. Various sorts of weight on the neck can harm muscles and ligaments (delicate tissues) and cause cervical strain. Think of it as your middle and lower back. Six months after discontinuance of such treatment, the appropriate disability rating shall be determined by mandatory VA examination. Veterans may be able to claim not only service-connected disability benefits but also secondary service-connection that the Department of Veterans Affairs might have missed. The evidence does not contain range of motion measurements that show forward flexion of the cervical spine at 15 degrees or less. Accordingly, the Board finds that referral for consideration of an extraschedular rating is not warranted, as the manifestations of the Veteran's disability are considered by the schedular rating assigned. Part 4. This practice is known as staged ratings. PDF Title 38, Part 4 Schedule for Rating Disabilities - Veterans Affairs See AB, 6 Vet. If a nerve condition affects both sides of the body (such as both pairs of arms or legs), the VA should issue a rating foreach side and anadditionalbilateral factor. The General Rating Formula for Diseases and Injuries of the Spine, lumbosacral or cervical strain (Diagnostic Code 5237) provides a 10 percent disability rating for 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. A 20 percent rating for the Veteran's cervical strain from May 19, 2009, to April 17, 2016, is granted subject to regulations governing the payment of monetary awards. In this case, the Veteran has not asserted, and the evidence of record does not suggest, any such combined effect or collective impact of multiple service-connected disabilities that create such an exceptional circumstance to render the schedular rating criteria inadequate. App. LIST THE CLAIMED CONDITION(S) THAT PERTAIN TO THIS DBQ: . The cervical spine, conveying sensation to the neck and arm muscles . Id. Will surely recommend you to other people. The Veteran has at no time referenced outstanding records that he wanted VA to obtain or that he felt were relevant to the claim. neurologic symptoms due to nerve root stretching. Thun, 22 Vet. The letter also explained to the Veteran how disability ratings and effective dates are determined. 40% for lumbosacral strain and 0% for hearing loss (service connected) Greetings everyone and thank you to those who have served! As will be discussed further below, the remand directives have been substantially complied with and the matter is now properly before the Board. In sum, based on a review of the claims file, the Board finds there is no indication in the record that any additional evidence relevant to the issue to be decided herein is available and not part of the claims file. If your disability claim is not clearly supported by your medical records along with evidence, your claim can be denied. Higher ratings are reserved for more severe cases. Contact Us "I was happy with Mr. Lippman's representation of my case. If someone had degenerative arthritis in both the cervical and low back that's been diagnosed by the VA from x-rays this is 10%, or is is 20% because it's in both areas of the spine? 38 C.F.R. In a July 2016 rating decision, the RO increased the Veteran's cervical strain to 20 percent effective April 18, 2016. 989,835 : 7 . Radiculopathy is a condition that occurs when the nerves in the spinal cord are damaged, irritated, or compressed. Learn more about us, Veterans Disability Claim App. Stuck in there until he was satisfied with the final decision which was 100% TDIU. See Mayfield v. Nicholson, 499 F.3d 1317 (Fed. The Board finds that its remand instructions have been substantially complied with. Potential medicines include: With incapacitating episodes having a total duration of at least 6 weeks during the past 12 months, With incapacitating episodes having a total duration of at least 4 weeks but less than 6 weeks during the past 12 months, With incapacitating episodes having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months, With incapacitating episodes having a total duration of at least one week but less than 2 weeks during the past 12 months, Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes. The examiner concluded that the Veteran does not use any assistive device for his neck, and that his disability affects his daily life and occupation in that he is in pain and he is only able to work part-time at his job at the post office. As to VA's duty to notify, this appeal arises from the Veteran's disagreement with the evaluation following the grant of service connection for cervical strain. 203, San Jose, CA 95134 38 U.S.C.A. The Board also considers whether DC 5003 might serve as a basis for an increased rating in this case. Camp Lejeune Lawsuit. For lumbar conditions other than IVDS, the rating formula is based primarily on range of motion (flexion) and, for the higher rating levels, ankylosis (immobility). Therefore, because the issue of TDIU has been rated separately, and the issue has not been formally appealed by the Veteran, the Board does not find that the matter is currently before the Board on appeal. We have helped thousands of Veterans claim the compensation they deserve. If you have a lower back (lumbar) injury, lumbar sprain (back sprain), or other types of back injury and back strain caused or aggravated by your military service, you may qualify for VA disability benefit payments. Occasionally, TDIU can also be applied with a lower disability rating. Table II - Ratings for Multiple Losses of Extremities With Dictator's Rating Code and 38 CFR Citation Note. 21-0960M-13. Please call for an appointment before visiting: Mail Processing Center: P.O. Intervertebral Disc Syndrome (IVDS) is a back condition in which an intervertebral disc or disc fragments are displaced at any level of the spine: lumbar, cervical, or thoracic. In this case, the RO provided the Veteran appropriate VA examinations in July 2009, January 2014, and May 2016. Rucker v. Brown, 10 Vet. 3.159(b)(1) (2015); Quartuccio, 16 Vet. The Easiest Ratings for Joint/Back Pain are Also the Lowest. 2014). Here, service connection for the Veteran's bilateral radiculopathy has already been granted, and therefore are already contemplated by the assigned ratings. These two injuries hold the fifth spot in the . New and relevant evidence can be used not only in filing a claim, but also to appeal a negative decision, or to reopen an old claim. Also, the VA requires that all range of motion measurements be taken with a goniometer. It. 38 C.F.R. A medical record can show a doctors diagnosis of radiculopathy or another service-connected condition. Department of Veterans Affairs Regional Office in Waco, Texas Id. Accordingly, the Veteran was afforded a hearing before the undersigned Veterans Law Judge sitting at the RO in March 2012, and a transcript of the hearing is of record. In exceptional cases, an extraschedular rating may be provided. To get a finding of Total Disability Individual Unemployability (TDIU), you must meet two conditions: (1) have at least one service-connected disability rated at 60% or two or more service-connected disabilities with at least one rated at 40% or more and a combined rating of 70% or more; and (2) evidence that you cant hold down substantially gainful employment because of your service-connected disability. A transcript of the hearing is of record. VA reserves the right to confirm the authenticity of ALL DBQs completed by private health care providers. There is nothing exceptional or unusual about this disability because the respective rating criteria reasonably describe his disability level and symptomatology. 6 M21-1, Adjudication Procedures Manual. 92064 Whether or not these increases in pain are being felt by the veteran at the time, it is the VA's responsibility to take flare-ups into account when determining a VA rating. Do you have questions about lumbar injuries VA disability benefits? If you disagree with the initial decision on your VA disability claim, you can appeal within one year of the decision letter. 465, 469 (1994). It's not much, but it's a start. Some claims are granted at this first level, and monthly payments commence soon after. FINDINGS OF FACT Note (1) provides that any associated objective neurologic abnormalities, including, but not limited to, bowel or bladder impairment, should be rated separately under an appropriate diagnostic code. Citation Nr: 1630426 App. App. Decision Date: 07/29/16 Archive Date: 08/04/16 Additionally, a secondary disability claim can increase your benefits if a new condition arises from your current service-connected disability. Most veterans receive a rating of 10 to 20 percent . Referral for an extraschedular rating under 38 C.F.R. Seattle, WA: 506 2nd Ave,Suite 1400,Seattle, WA 98104. Cervical tissues can be harmed by: More broad neck strains include more irritation, which prompts seriously growing, torment, and a more drawn out recuperation period. You're telling the VA that your current disability condition is the direct result of your active duty military service. The process begins with filing an Application for Disability Compensation and Related Compensation Benefits (VA Form 21-526EZ). An overall, To get a finding of Total Disability Individual Unemployability (, Occasionally, TDIU can also be applied with a lower disability rating. The 10 Most Common VA Disability Claims - Tuley Law Office (Service connected) Hearing Loss --- 0% for hearing loss (service connected) Mnire's disease (found to be not service connected) Different from degenerative arthritis, rheumatoid arthritis is. The examination reports include all appropriate range of motion testing and note the Veteran's medical symptoms and history. CONCLUSIONS OF LAW 1. II. 589 (1991); 38 C.F.R. Counsel can be very helpful for a successful C&P exam, and the right preparation can be the difference between an approval or denial. MAY 2013 . 5107; 38 C.F.R. Radiculopathy, or a pinched nerve, can cause major discomfort and problems with a range of motion during everyday activities. In this case, the evidence fails to meet the threshold factor-unique or unusual symptomatology regarding the Veteran's service-connected disability that would render the schedular criteria inadequate. Provided that the examiner supplies an explanation, the examiner's assessment that the range of motion is normal for that individual will be accepted. Appellant represented by: Disabled American Veterans 4.45, 4.59; Mitchell, 25 Vet. Further, there was no evidence of ankylosis or any limitation of motion that reasonably approximates ankylosis. After you have filed your claim for VA disability benefits and the VA adjudicators have decoded that your disability is service connected, the, For some veterans, the objective criteria in the disability rating schedule may not accurately reflect their true level of disability. Neck torment is frequently the consequence of injury to these muscles and ligaments. As explained in the Introduction, the Veteran has not appealed the denial of his TDIU as of yet, and therefore, this matter is not currently before the Board for consideration. Paralysis of the sciatic nerve : 781,178 . Whether your disability is some type of lumbar injury or PTSD, your monthly VA disability benefit payments will be based on your overall VA disability rating number, and, for ratings of 30% or higher, also factoring in your family status (whether you have a dependent spouse, children, or parents). Common Back Conditions and Their VA Ratings | CCK Law Therefore, initially, there must be a comparison between the level of severity and symptomatology of the Veteran's service-connected disability with the established criteria found in the rating schedule for that disability. Medical images like x-rays can also be useful. Our firm was founded in 1986 in Orlando, Florida. Nevertheless, the Board notes that a letter dated July 2009 fully satisfied the duty to notify provisions. No other neurologic abnormalities have been noted as being associated with the Veteran's cervical strain. How to Get a 20% VA Rating for Your Back Disability 202 (1995). Brooklyn, NY: 300 Cadman Plaza West, One Pierrepont Plaza, 12th Floor, Brooklyn, NY, 11201 Has your lumbar injury claim been denied or underrated by the VA? 49, 56 (1990). The cervical spine (neck) and the thoracolumbar spine (low back) are rated according to the following criteria: As you can see, Range of Motion measurements plays a significant role in rating spinal conditions. 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. Therefore, a service connection for back trouble is not unusual. CONCLUSIONS OF LAW Moreover, the Veteran has not alleged or indicated that the collective impact or combined effect of more than one service-connected disability presents an exceptional or unusual disability picture to render inadequate the schedular rating criteria. The examination report discussed the clinical findings, the Veteran's current diagnoses and reported symptoms, and the Veteran's reported history as necessary to rate the disability under the applicable rating criteria. 4.71a. III. Low back pain has a significant impact on an individuals ability to work and manage the daily activities of life. 38 C.F.R. VA Disability Rating for Radiculopathy - Hill & Ponton, P.A. Thus, the Board finds that a higher disability rating of 20 percent for the Veteran's cervical strain is granted from May 19, 2009, to April 17, 2016, but a disability rating in excess of 20 percent for the Veteran's cervical strain for the period on and after April 18, 2016, is denied. Back Pain VA Rating: A Guide to Spinal Injuries - Hill & Ponton This includes both medical evidence and lay evidence. What VA Disability Rating should I expect for cervical injuries? Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 App. 8 : Limitation of motion of the ankle . Moreover, the Veteran has not argued that his symptoms are not contemplated by the rating criteria; rather, he merely disagreed with the assigned disability ratings for his levels of impairment. Given the ways in which the rating schedule contemplates the Veteran's disability, the Board concludes that the schedular rating criteria reasonably describe the Veteran's service-connected cervical strain. Perhaps you had no secondary conditions when you first filed your claim, but a condition showed up later. This issue regularly improves all alone. Pittsburgh, PA: 201 Penn Center Boulevard, Suite 400, Pittsburgh, PA, 15235 The way to increase the VA disability rating is through appeal. Inspired in helping our soldiers, she joined the Hill & Ponton team to practice veterans' disability law. Id. However, the RO in the July 2016 rating decision denied the issue of entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU). Hartman v. Nicholson, 483 F.3d 1311 (Fed. eCFR :: 38 CFR Part 4 Subpart B - The Musculoskeletal System The Veteran was again afforded a VA examination in January 2014. Although the Veteran had pain on motion, such pain did not functionally limit flexion to 15 degrees or result in ankylosis of the cervical spine, and any painful motion or pain on use is already contemplated in the 20 percent rating. 3.327(a) (2015). Top 6 Secondary Conditions to Lower Back Pain (The Insider's Guide) The New Rating System for Back and Neck Spinal Disability - Lawyer Secondary Conditions Veterans Can Claim for Back Pain See Dingess/Hartman v. Nicholson, 19 Vet. Cervical tissues can be harmed by: What injuries qualify for a total and permanent VA Disability Rating? REASONS AND BASES FOR FINDINGS AND CONCLUSION For example, incapacitating episodes with a total duration of at least one week but less than two weeks in the past 12 months are rated at 10%, whereas incapacitating episodes of at least six weeks during the past 12 months would be rated at 60%. Learn more about. According to Johnson v. McDonald, a veteran may be entitled to "consideration [under 38 C.F.R. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 A 100 percent disability rating is assigned for unfavorable ankylosis of entire spine. Typically, a vertebral fracture results in symptoms such as limited spinal mobility, and standing/walking will make the pain worse while lying down on the back makes the pain better. The Veteran was diagnosed with cervical strain and bilateral radiculopathy of the C5-6 and C7. Sometimes having an IME (independent medical exam) can add more clarity in diagnosis than a VA-requested C&P exam can. A higher rating is granted only if the thoracolumbar or the entire spine is ankylosed, which occurs when the bones fuse and the joints become stiff, basically, there is no range of motion. We guide our clients through the most difficult times in their lives with courtesy, respect, and professionalism. What Is the VADisability Rating for Radiculopathy? A 2023 Guide to VA Disability Rates & Pay Schedules, Individual Unemployability Rating Calculator, List of Blue Water Navy Ships Exposed to Agent Orange (Interactive Vietnam Map), Social Security Disability Benefits Guide, spinal conditions will cause other disabling conditions in a different body part that could qualify a veteran for an additional rating, conditions secondary to spinal conditions, Denied Benefits for Back Pain? Present Medical History and C. Physical Examination. 3.321(b) is to be considered based upon either a single service-connected disability or upon the "combined effect" of multiple service-connected disabilities when the "collective impact" or "compounding negative effects" of the service-connected disabilities, when such presents disability not adequately captured by the schedular ratings for the service-connected disabilities. 38 C.F.R. Has your lumbar injury claim been denied or underrated by the VA? This impinges on, Rheumatoid arthritis, or more commonly known as RA, is an autoimmune disease in which the bodys immune system mistakenly attacks the joints. Washington, D.C.: 1776 I Street, NW, 9th Floor, Washington, D.C 20006 Veterans that are seeking compensation for a low back disability are limited, most of the time, to a maximum of 40% rating based on the limitation of motion of their spine. 3.102; Gilbert v. Derwinski, 1 Vet. Box 449, Deland, FL 32721, Orlando, FL: 605 E. Robinson Street Suite 635, Orlando, FL 32801 See also Plate V, 38 C.F.R. Oftentimes, spinal conditions will cause other disabling conditions in a different body part that could qualify a veteran for an additional rating due to secondary service connection. 4.71a. It usually happens because of overuse or a sudden injury, like lifting something heavy or twisting the wrong way. Contact Us See Fenderson v. West, 12 Vet. A 30 percent disability rating is assigned for forward flexion of the cervical spine 15 degrees or less; or, unfavorable ankylosis of the entire cervical spine. Toll-Free Phone: (888)-811-0523 Los Angeles, CA: 10880 Wilshire Blvd., Ste 1101, Los Angeles, CA 90025 VA Disability Ratings for Back Pain - Woods & Woods See38 C.F.R. While back pain is often treated with medication and physical therapy, several secondary conditions can complicate the healing process. These sorts of fractures are underVA diagnostic code 5235. The examination report does not indicate ankylosis of the spine. -Degenerative scoliosis. 4.3. On appeal from the 3.102, 3.156(a), 3.159, 3.326(a) (2015). The VA can order a clarification from the examiner, or even order a new exam with a different examiner. This could also lead to functional loss if the initial condition and pain is severe enough. Chicago, IL: 332 S. Michigan Avenue, Floors 8 and 9, Chicago, IL 60604 In fact, per VA reporting, over 70% of appeals either result in an allowed claim or a remand (or another review). Thun v. Peake, 22 Vet. As such, no additional separate compensable ratings are warranted. Also in accordance with the remand directives, the RO readjudicated the Veteran's claim, and provided the Veteran with an SOC in October 2010 and a SSOC in July 2014.

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