Veterans who are injured in service are entitled to disability benefits for their disabilities. For many Veterans, the intensive work in the military can lead to back or spinal injuries. If you have a spinal injury that was caused by military service, you may be eligible for disability compensation for the resulting disability. Contact Berry Law for assistance appealing your VA disability claim for spinal injuries.
A Veteran may make several VA disability claims for injuries of the spine or back due to the way the VA calculates these disabilities. It is important to remember that the spine has separate sections. Two that are important for Veterans filing for disability benefits are the thoracolumbar (lower back) and cervical (neck) sections. A Veteran can file multiple claims and receive separate ratings for both lower back and neck injuries, as well as any secondary injuries.
Disabilities of the spine are rated in one of two ways by the Department of Veterans Affairs:
IVDS often results in higher ratings for a back or neck disability, but incapacitating episodes require bed rest as prescribed by a doctor.
Since the spinal cord is an essential part of the central nervous system (CNS), spinal Injuries can also lead to other disabilities throughout your body. For example, if you have numbness or tingling of the limbs, you may receive separate ratings for radiculopathy of the limbs. If there is involvement of specific nerves (femoral or sciatic), you may receive separate ratings for each nerve if there is objective testing that shows involvement.
When going to a compensation and pension examination for a back or neck disability, it is important to report where and when pain begins, and to report any flare-ups you might have and the effect of those flare-ups. Examiners are looking for evidence of painful motion. If you do have incapacitating episodes, it is important to record those. Doctor’s notes, evidence of missed work, and reports of pain will all help when trying to maximize your ratings.
To receive disability compensation for any injury you sustained in service, you must first establish service connection. To receive service connection for spinal injuries, you must prove 3 things:
Berry Law is dedicated to helping Veterans in their fight for disability benefits. If you were denied disability compensation for a spinal injury or were given a low rating, we can help. Our Veterans disability attorneys help fellow Veterans across the country appeal unfavorable VA decisions, and we have been doing so for over 20 years. Our team is committed to serving Veterans, and we may be able to help you get the benefits you deserve.
Contact Berry Law today to schedule a free case evaluation.
Our monthly newsletter features about important and up-to-date veterans' law news, keeping you informed about the changes that matter.