Va Disability Claim For Lower Back Pain
back disabilityPreviously pain without an underlying diagnosis was not awarded compensation meaning that many many veterans with a back disability were not awarded benefits. The DoD will also rate service-connected conditions as long as they also make the service member Unfit for Duty.
Va Disability Rating For Radiculopathy Hill Ponton P A
Secondary Conditions to Lower Back Pain.
Va disability claim for lower back pain. The hard part about back pain is that it can be caused in so many ways. Radiculopathy is classified as a pain syndrome and can be caused by several lower back conditions such as lumbar disc herniation degenerative disc disease and spinal stenosis. In April 2018 it was determined by the Federal Circuit that the VA must award disability benefits for pain due to military service.
This is a condition that causes one bone in your back a vertebra to slide forward over the bone below it. Symptoms of radiculopathy include radiation of pain from the lower back down into the legs often described as a sharp-shooting electric pain. Subjective complaints of pain are not enough to be awarded disability compensation.
The VA diagnostic codes for disabilities of the spine primarily focus on ankylosis. Many veterans suffer from various back conditions due to their active duty military service and perhaps youre wondering if you can get VA disability for back pain. Most veterans who deserve disability benefits do not understand the fine points in the law.
Technically the highest VA rating for a thoracolumbar spinal disability is 50 percent. Court of Appeals for Veterans Claims may have a major effect on the outcome of many veterans disability claims. The VA awards disability compensation for each Back and Spine condition that is service-connected.
Back Pain and Getting VA Disability for Arthritis is a Double Pain in the Neck When your back hurts from arthritis pain the last thing you want to do is work through the VA Disability rating system to get a higher rating or any service-connection in the first place. Veterans who are unable to secure and follow substantially gainful employment due to their back pain may be eligible for total disability based on individual unemployability TDIU. Ankylosis basically means that the joint is stiff or will not move.
If granted veterans will be compensated at the 100 percent level even if their combined schedular rating does not add up to 100 percent. 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. 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 condition can result in the spinal cord or nerve roots being squeezed can cause back pain and numbness or even weakness in one or both legs. After discharge VA will complete an assessment and reassign a rating that reflects the current severity of the veterans back pain. Its nearly impossible for you to win VA disability benefits unless you hire an experienced veterans disability lawyer.
Spondylolisthesis or segmental instability diagnostic code 5239. So spinal disabilities focus on the lack of mobility or range of motion. The good news is that the episodes do not have to be two weeks in a row.
Having back pain or some limitations alone will not be enough to qualify for the 20 percent VA rating since VA defines incapacitating episodes. On April 3 the court ruled that pain without any. Lets start with the good news about getting VA disability for back problems.
Failing to hire a lawyer after youve been denied. For Reservists the condition must have occurred in or resulted from an injury in the Line of Duty to qualify. Importantly the pain must cause functional impairment or loss.
A recent ruling by the US. 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. This is one reason the VA denies most first-time claims.
In VAs rules incapacitating episodes means signs and symptoms that your doctor says require bedrest that your doctor orders. TDIU for Back Pain.
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