Back Pain Veterans Disability Benefits
Back injuries are very frequent during military service. Many veterans suffer from chronic back pain as a result of these military service injuries, which are debilitating and limiting to work ability and daily functions of life. For some veterans, the chronic back pain is so bad that they can’t perform even the most basic functions like dressing or bathing.
The key to a back pain VA disability claim is that your back injury and subsequent pain must be connected to your military service. It’s an understatement to say that the VA disability application process is cumbersome and confusing. It’s unfortunate that it can’t be more straightforward, but it isn’t. For this reason, having an experienced attorney can really help.
Our firm prides itself in helping injured veterans get the benefits they’ve earned and wholly deserve. Here are a few key pieces of information we want you to know before you file a back pain VA disability claim.
First, we must show evidence that your back injury was the result of a specific event that occurred during your military service. We will help you get all of your medical records from the VA and other providers to show the diagnosis of your back injury.
It is almost always necessary to get a medical expert to give an opinion regarding your injury. The VA requires it in the overwhelming majority of cases they review. That expert might also need to show causality, meaning he or she will give an opinion that your injury likely resulted during your military service. We will add a thorough legal reasoning that supports your claim and why you should be awarded the benefits.
Part of the reason why veterans are denied back pain VA disability claims is because back pain refers to such a broad spectrum of conditions. We really need to focus on the underlying cause of the back pain, not the pain itself. The VA does provide disability benefits for all causes of back pain, so it is important that we work with your medical team to provide a specific diagnosis and evidence to support the claim.
The other reason VA denies claims is for lack of clear evidence that the back injury is related to your active military service. Our firm is very experienced at analyzing service records and calling on military personnel expert witnesses. We can establish a strong link between your injury and your military duty.
When the analysis is complete, the VA expert will rank the severity of your condition on a percentage scale of 0-100. Obviously, the more debilitating your injury is, the higher your disability check will be. Severity is usually determined based on your functional range of motion (ROM). The less ROM you have, the more severe your back pain VA disability is, and that translates to a higher disability rating and higher compensation.
With a rating of 0, you will not qualify for benefits. Veterans with a severe condition called ankylosis of the complete spine will get a rating of 100 and the maximum benefit payout. There are lots of ratings in between. For example, someone with a forward flexion ROM of 85 degrees range will get a 10 percent disability rating.
It is important to know that when veterans have a disability rating of 30 or higher, you are then eligible to receive benefits for anyone living in your household—spouse, dependent children and even dependent parents.
We see many veterans with mechanical back injuries, such as herniated or bulging discs, degenerative disc disease, osteoarthritis, bone spurs or spinal stenosis. These back injuries often result from slips, trips, and falls, and a fair amount result from car accidents.
Many back injuries occur while a soldier is in combat or in very strenuous training, but you need not be in combat to make a claim.
Your injury can be incurred in military service of any kind, even a desk job. For example, if you are in a car accident while on active status, you qualify for back pain VA disability whether you were on base or off base, or in a military or private vehicle when the accident occurred.
You can certainly file for VA benefits on your own—the VA does not require you to have an attorney. Nevertheless, having a lawyer on your side can greatly increase the chances that you will be awarded benefits. Many veterans who have come to us for help say they’ve been rejected for back pain VA disability several times. Each time, the appeals process is long and cumbersome.
Let us handle your case the first time around, or let us handle your appeal. We’ll be with you each step of the way, from beginning to end. We want to help you like we’ve helped so many of your fellow veterans.