Veterans can link depression to back pain if their back pain leads to loss of ability, lower quality of life, or constant pain and discomfort despite painkillers and other treatments. (Trust us, we know, were lawyers!). We use cookies to optimize our website and our service. However, it is still important you know how to communicate your pain in order to receive the best possible benefits. If a Veteran experiences chronic back pain or limited mobility, they: Because of these symptoms, many veterans cannot enjoy life as they did before. Thousands of other Veterans in our Community are here for you. The VA considers upper back pain in the same category as neck pain. Until we win, we dont charge you a thing. The VA categorizes major depressive disorder under diagnostic code 9434. If you were denied benefits and are approved after your appeal, you will receive back pay. The pain can be constant or intermittent and range from mild to severe. Secondary Service Connection for Diagnosable Illnesses Associated With Traumatic Brain Injury (TBI) | Federal Register, 38 CFR 4.130 Schedule of Ratings Mental Disorders | Cornell Law School Legal Information Institute, The Nexus Letter | North Dakota Veterans Affairs. If youre stuck, frustrated, underrated, and currently rated between 0%-90%, VA Claims Insider Elite is for you! When afflicting the spine, rheumatoid arthritis is less likely to cause lower back pain than chronic neck pain. Veterans Law VA Disability Ratings for Neck Pain Explained June 18, 2019 Updated: February 1, 2023 Orthopedic conditions are typically categorized as those that impact the musculoskeletal system. This is called secondary service connection when dealing with depression that isnt directly caused by your military service but instead caused by your chronic pain. Degeneration of vertebrae, often caused . You need to spend some time researching what secondary conditions you need to add to your VA claim for neck or back pain. It often leads to missed work, is a leading cause of disability worldwide, and can result in a variety of secondary conditions. Some injuries are small and do not have any long-lasting effects. Arthritis in your neck can spread and affect other parts of your body in a matter of months. Copyright 2023 Combat Craig == Combat Craig's Terms of Use. The information you obtain on this website is not, nor is it intended to be, legal advice. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. You can also have difficulty understanding complex commands and have impaired short and long-term memory. According to the method the VA uses to rate depression, at the 0% rating level, you may have a diagnosis of depression, but your symptoms dont rise to the level where they impact your life. Here is what your rating code sheet will look like. Without a subpoena, voluntary compliance on the part of your Internet Service Provider, or additional records from a third party, information stored or retrieved for this purpose alone cannot usually be used to identify you. Spinal stenosis (diagnostic code 5238): Spinal stenosis is when the spaces in the spine are narrowed and cause pressure on the spinal cord and nerves. However, that does not mean that you should skip on filing a claim for back or neck pain. First of all, although it is possible to receive benefits for pain incurred during your time in service without a diagnosis, it is not guaranteed. To apply for disability benefits for depression secondary to back pain, youll need to gather and submit private medical records, establish a nexus opinion, and contact legal professionals. Spinal stenosis VA disability benefits are available to veterans with a spinal cord injury. Irritability. Applying and being approved for these benefits can seem daunting, but Have You Been Injured by the VA? This field is for validation purposes and should be left unchanged. This No, you dont need a Nexus Letter. Make sure youre going to the doctor to get your chronic pain diagnosed and alleviated if possible. Shoulders are incredibly complex, composed of bones, muscles, tendons, and ligaments. Woods and Woods, LLC, Veterans Disability Lawyer, Veterans Disability Benefits Attorneys Helping Veterans Nationwide, Published on January 5, 2021 by Neil Woods Last Updated on November 4, 2022. We ask for a percentage of your back-pay check to pay all of our staff, doctors, fees, and lawyers that work on your appeal. We have experience with legacy claims and the RAMP (Rapid Appeals Modernization Program) because weve been helping people like you since 1985. Whereas acute pain comes on quickly after an injury and lasts a short time, chronic pain lasts longer than expected for a given injury, or more than 3 to 6 months. Since 2016, VA Claims Insider has helped thousands of Veterans just like you get the VA rating and compensation they deserve in less time. You may have delusions or hallucinations. Were Veterans helping Veterans Worldwide, and since 2016 weve helped 10,000+ Veterans just like you INCREASE their VA disability rating! This makes sense, given that mental illnesses can be just as difficult and debilitating as physical injuries and illnesses sometimes even more so. The range of motion method of determining your VA benefits rating generally will end up as one of the following: Of course, a limited range of motion is not the only way to get VA disability for back problems. Here's some motrin. Below we're sharing the VA range of motion chart used to rate back . This is one way for Veterans to increase their disability rating without getting the primary service-connected disability increased. Please complete this form to send us your message. The Department of Veterans Affairs has guidelines by which they define and understand secondary conditions. We help thousands of veterans appeal their VA claims. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. Physical injuries like strains or slipped discs can also cause back pain but be amplified by knee injuries. This includes anxiety, depressed moods, or panic attacks (at least once weekly). The attorneys at Berry Law Firm are dedicated to helping injured Veterans. This means you do NOT currently have the VA disability rating and compensation YOU deserve, and you could be missing out on thousands of dollars of tax-free compensation and benefits each month. Doctors often prescribe painkillers to Veterans to alleviate excruciating pain for back pain. Depression. Grab your free copy of "The Veteran Benefits Bible" right now. However, the VA can establish the secondary conditions baseline prior to aggravation, which allows the VA to only compensate to the extent the service connected condition aggravated the secondary condition beyond its baseline. If disabled Veterans experience back pain and have a diagnosis of depression, their nexus opinion should include a breakdown of how their back condition leads to their depressive symptoms. Our process takes the guesswork out of filing a VA disability claim and supports you every step of the way in building a fully-developed claim (FDC)so you can increase your rating fast! Sleep impairment. 10 Common Secondary Disabilities | Benefits, What is Secondary Service Connection for VA Disability Compensation? Click Go Elite Now below to get started today and a member of our team will be in touch within minutes. If you want to learn how to implement these strategies to get the VA benefits you deserve, click here to speak with a VA claim expert for free. The highest scheduler rating for severe Back Pain is 100%, which means your entire spine is frozen in an unfavorable position. Veterans should also seek ways to receive benefits for the side effects of prescribed medication. Symptoms of back pain can vary, including: Burning or stabbing sensations Cramps or spasms Additionally, a 50% rating for complete thoracolumbar spine stiffening and a 40% rating for the stiffening of the whole cervical spine are possible. This article will explain the VA rating for insomnia secondary to back injuries and all the details you need to know. Finally, it is also possible to get benefits for osteoarthritis in the back. We will work with you to gather the necessary evidence and documentation and help you present your case in the most favorable light possible. I get it. Learn what youve been missingso you can FINALLY get the disability rating and compensation you deserve! You're not alone. Panic attacks that occur more than once a week could qualify you for a 50% rating. The VA is prone to making mistakes when going over claims. Suppose a Veteran has secondary conditions and provides the proper evidence for it, yet the VA only focuses on the service-connected disability. Because many Veterans suffer from back conditions, they are entitled to receive benefits from the VA. Veterans suffer from back conditions, but back pain can also lead to secondary conditions. All that matters is that you had a documented injury while you were enlisted. Veterans who suffer from back pain may have a challenging time adjusting back to normal life after discharge from service. Waiting until after separation could make it challenging to prove service connection. We can help them write a buddy statement to explain how your vehicle wrecked and how you acted afterward. While radiculopathy can be a secondary condition to cervical spine problems, it can also be a sign of something worse. Depression is rated at 0%, 10%, 30%, 50%, 70%, and 100% according to your ability to function. The technical storage or access that is used exclusively for anonymous statistical purposes. That is, 20% of 30% is six percent. Many times, back pain becomes an ongoing part of their lives. The VA rates a Veterans disability related to their depression between 0% and 100%. Brian Reese here, Air Force service-disabled Veteran and Founder @ VA Claims Insider. ROM testing includes accounting for painful motion, as typically VA will concede functional loss at the point that painful motion begins. Whether you experience depression alone or have other secondary conditions because of your back pain, we can help you file successful claims and even navigate the appeals process if necessary. The best way to show nexus is to routinely seek care for your injuries. That amount will also go up if you have any dependents. Your military neck injury may have not been a big deal at the time. For more information regarding chronic back pain, click HERE). - Light and noise sensitivity. Here are the thresholds you need to meet for each rating level: Remember, there are three criteria you must provide to the VA to prove service connection. This is the ultimate guide for veterans searching for secondary conditions to Knee Pain. A lower disability rating will result in fewer benefits for a Veteran. But the examiner opined that neither sleep apnea nor hypertension was caused or aggravated by service-connected knee, hip, or back conditions. However, it can also come across as unfair and confusing. The VA will typically rate spinal injuries, back pain, and neck pain at 10% or 20% per claim. Memory and cognitive impairment. Knee pain can be measured by the limitation of flexion, limitation of extension of the knee, instability of the knee, and knee replacements. Secondary conditions develop as a result of an underlying condition or injury. Your neck was injured during your time in the military and you should receive neck pain veterans disability benefits. Veterans with advanced spinal stenosis may need a surgical procedure such as a laminectomy to help create space between bones to allow the inflammation to go down. Veterans can appeal a VA decision if they are not granted a higher disability rating for their secondary conditions. These disabilities are the base to secondary claims, and ultimately they are a way to avoid pyramiding. Instead, contact Berry Law, and let us help you receive the benefits you deserve. Other injuries that may have happened in the service can bug you for years but fortunately wont get worse over time. Dont forget your secondary service-connected disabilities. The Veteran receives a disability rating for their depression secondary to back pain of 20%. Its FREE to get started, so click Go Elite Now below to complete our 3-step intake process. This is a very specific, but not uncommon, cervical and thoracolumbar spine condition. Overview of Back Pain Back pain is one of the most common orthopedic issues experienced by adults in the United States. Meaning that if you are significantly limited in your ability to bend at the waist, you might qualify for the 20 percent rating. For example, if your pain causes depression, that condition may now be considered eligible. Many veterans with cervical radiculopathy are experiencing degenerative changes in their spine that caused a herniated, bulging disc or degenerative disc disease that is pushing on a nerve causing neck pain. However, if they want to receive more than just 10%, they will have to show that they do not have a full range of motion, no matter how severe the pain is. If a veteran can show that their chronic pain led to the development of depression, they may be eligible for secondary service connection. Remember that many veterans wish to have their case reviewed by a Veterans Law Judge, but wait times with the VA Board of Appeals are significantly longer than a Higher Level Review or a Supplemental Claim. You may not have any record of it at all. Example of common secondary conditions include the following: Degenerative Disc Disease (DDD). Instead, youll be rated for your symptoms related to the body part where youre experiencing the pain. Veterans can submit a claim for secondary depression using the Psychological Rating System, Code 9434. 38 CFR 4.71a is where all of the neck (cervical) and other back injuries are listed. Or, what happens if there is no nearest VA hospital to your home? That would be the time to investigate if you need a nexus letter. This payment will include all the money you should have been receiving had your claim initially been approved. Grab your free copy of "The Veteran Benefits Bible" right now. Impacts with other vehicles, driving into holes, explosions, off-road hazards, and worse can really jar your neck. Their rating is determined most commonly by assessing your range of motion. If your military service worsened your neck pain, then you may be eligible. As your age, your joints wear out. Lumbosacral or cervical strain (diagnostic code 5237): This would be the diagnostic code assigned to a Veteran experiencing pain in their neck or back. How to File a Claim on VA.gov (step-by-step)! In addition, Back Pain is a common secondary VA disability claim, especially Radiculopathy secondary to back conditions or back pain. Your rating will vary based on the body part where youre experiencing chronic pain. Read our article on chronic pain to learn more about the criteria you must meet to earn a chronic pain VA rating. Estimate your 2023 VA Rating & Compensation for FREE! Even if the non-service-connected secondary condition exists before the service-connected disability, the VA will still recognize that it is aggravated by the service-connected condition, given medical evidence that proves it. When you call us, we go through an in-depth interview during your free phone calls to make sure we dont leave any money on the table for the VA. Talk to Us About Your Claim:(866) 232-5777, Have you been denied a VA disability rating for cervical spine pain, whiplash, or degenerative disc disease? Talk to Woods & Woods, The Veterans Firm, for free. We also connect veterans with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible independent medical opinions and nexus statements (medical nexus letters) for a wide range of disability conditions. This category consists of a secondary condition that is aggravated by a service-connected disability. If that is the case you will want to obtain buddy letters from family, friends, and fellow service members, explaining the difference in your physical health before, during, and after your time in service. In addition, you need to show that your injury occurred on active duty (service-connection). We can take the qualifying levels and apply them directly to a VA depression secondary to chronic pain rating. VA Secondary Spinal Conditions. Your C-File is where you need to start looking for that information. With extensive experience working with VA disability claims, Berry Law can help you with your disability appeals. Previously, pain without an underlying diagnosis was not awarded compensation, meaning that many, many veterans with a back disability were not awarded benefits. As of this writing, a total of 1,129,931 disabled veterans are service connected for neck conditions. You can submit a personal statement that discusses the impact on your life. If youre taking medication continuously to control your symptoms, you may qualify for a 10% rating at a minimum. As your arthritis develops, the spinal canal may narrow, pinching the spinal cord or the nerves around it. The information you obtain on this website is not, nor is it intended to be, legal advice. If you continue to use this site we will assume that you are happy with it. Lower back pain is one of the most common VA secondary conditions. Timing is also an important consideration. Tune in to le. How to Get a 100 Percent VA Rating (if deserved)! Depression is often a side effect of serious back pain. It does not matter if the vehicle you were in was government-owned or privately owned. Here one of our VA disability lawyers goes over the questions Woods and Woods, The Veterans Firm, is often asked about veterans disability claims and appeals. Insomnia is a sleep disorder that makes it difficult for people to fall asleep, stay asleep, or, if they wake up at night, fall back asleep again. What if you do not have good medical evidence? The thing is, it is an official medical term for getting older. The technical storage or access is necessary for the legitimate purpose of storing preferences that are not requested by the subscriber or user. Copyright 2023 VA Claims Insider, LLC. Always include all of your conditions such as PTSD, back pain, varicose veins,prostate cancer, hypertension, or whatever on your application. Military service is very hard on your health, and spinal injuries that result in neck or back pain are the sixth most common VA claim. IVDS may receive the following ratings: If a veteran has intervertebral disc syndrome of both the cervical spine and the thoracolumbar spine, then both are rated separately. Prescriptions for antidepressant medication from a licensed medical practitioner, Journal notes from yourself, which could serve as evidence of your mental state. Veterans Law VA Secondary Conditions Related to Knee Pain October 7, 2021 Knee pain is a very common condition that affects many veterans. Their formula looks at the flexion at the waist and determines if it is limited by injury. Win Your Veterans Benefits Claim With this VA Nexus Letter Example! Furthermore, Veterans law attorneys can assist with appealing the VA benefits decision if the VA decides to reject your claim. The following section of the 38 CFR Part 4 will be used for most back or neck claims. Yes, the VA offers disability benefits for depression. For example, if chronic pain limits your range of motion in certain body parts, youll be rated accordingly. If this has happened to you, please read the section below about appealing a neck pain veterans disability benefits denial (or just call us). Its not always that fast, but the spreading nature of arthritis warrants quick attention to filling out your VA disability application. Certain conditions, such as back pain, can affect other areas of the body, causing more pain and discomfort. Fortunately, this fact has become more recognized by the VA and those creating policies for the VA. What does your back or neck pain aggravate? Veterans should seek a medical professional who can properly diagnose an aggravated secondary condition. The Veteran must provide ample medical evidence establishing a nexus to receive benefits for a primary disability and secondary conditions. Therefore, anything above middle or lower back pain will be referred to as the cervical spine and falls under a different rating system. Give us a free call today and lets see what we can do for you. A few different types of medical evidence can be used to support a VA claim for depression secondary to chronic pain. The VA only started rating chronic pain in 2018, so many veterans may not be aware that they can also file for a VA depression secondary to chronic pain rating. Many veterans neck pain started from things such as falling off a tank in training or falling on a wet floor in a mess hall. Chronic pain is a common issue that affects 1 in 5 Americans (1) and affects more Veterans than non-Veterans (2). When a Veteran successfully makes a service connection for back pain, they are often automatically given the lowest disability rating, 10%. This sudden change, coupled with back pain, can make them feel alone, isolated, or not understood. The ratings for rheumatoid arthritis are as follows: Today, we will take you through the steps to file a VA claim for back or neck pain. The VA evaluates conditions affecting only one portion of the spine separately. When a nerve in your neck is pinched due to disc compression or osteophytes growth, neck pain is the result. April 24, 2022 0 38 Receiving Neck Pain Disability Benefits Without A Diagnosis VA Claims for Back Pain and Back Disabilities | Are You Rated Properly? Heres the brutal truth about VA disability claims: We use cookies to ensure that we give you the best experience on our website. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); I definitely recommend Woods and Woods. Veterans may receive disability benefits for depression if their symptoms meet the severity, duration, and frequency outlined in the DSM-V. A Veteran may receive a percent rating between 0% and 100% total disability. We use cookies to optimize our website and our service. However, my neck pain radiates into my arms. This will tell you if your disabilities are c 2) Proof that the disability occurred on active duty, The Importance of Secondary Service Connection Claims, How To File A VA Disability Claim And Get It Right the First Time, Top 5 Easiest VA Claims To Get Approved in 2021. However, this all changed in 2018. The nice thing is that your diagnosis doesnt matter as much as your symptoms. Its always wise to hire a law firm to help you gather the evidence you need, understand what the VA looks for when deciding whether to provide benefits for a secondary connection claim, and assist in many other ways. When Veterans suffer from an injury or an event, they may suffer from more than just one condition. Read on to learn more about how you can file a winning VA claim if your pain has led to depression. Degenerative arthritis of the back is the accelerated wear and tear of the spine due to service-related activities or injuries. In April 2018, it was determined by the Federal Circuit that the VA must award disability benefits for pain due to military service. According to the VA, flexibility must be fairly limited to even get a 20 percent disability rating. So, if you have a service-connected condition that causes pain, and the pain leads to depression, the VA will rate you for your depression accordingly. Contacting us does not create an attorney-client relationship. An attorney will make sure the Veteran has all of the necessary factors to make a good appeal. If you were in a jeep or a tank that got the shock of an IED or even just a fender bender, you might have a record of one of these injuries in your medical record. If the Veteran had not had the service-connected disability, they would never have had the secondary condition. Too many veterans overly focus on their most severe or most painful disability. An in-service event, injury, or illness that caused or aggravated the injury, Your chronic pain is a service-connected disability, You have a diagnosis of depression that isnt already service-connected, A doctor has medically linked the two conditions together with a nexus, Accept the decision but file a new VA claim for new or additional disabilities. The diagnosis will come into play if you have a condition like arthritis or degenerative discs because those are conditions that deteriorate with age. In short, the VA determines how much the back or neck injury is affecting ROM relating to the spine: 100% unfavorable ankylosis of the entire spine, 50% unfavorable ankylosis of the entire thoracolumbar spine, 40% unfavorable ankylosis of the entire cervical spine; or, forward flexion of the thoracolumbar spine 30 degrees or less; or, favorable ankylosis of the entire thoracolumbar spine, 30% forward flexion of the cervical spine 15 degrees or less; or, favorable ankylosis of the entire cervical spine, 20% forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees; or, the combined range of motion of the thoracolumbar spine not greater than 120 degrees; or, the combined range of motion of the cervical spine not greater than 170 degrees; or, muscle spasm or guarding severe enough to result in an abnormal gait or abnormal spinal contour such as scoliosis, reversed lordosis, or abnormal kyphosis, 10% 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 of more of the height..
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