“Hi, I’m Cecilia [Ton], a veterans benefits attorney with Woods and Woods, an Indiana-based law firm that is dedicated to helping veterans and their families nationwide.
“We commonly see veterans who experienced neck and back disabilities as a result of their service. Oftentimes, they are dissatisfied with the rating that the VA awards them and seek to receive a higher rating. There are several ways to go about requesting a higher rating for your neck and back disabilities.”
Where to start in getting a higher VA rating
“The first step is to take a look at the rating criteria that the VA has demonstrated under 38 CFR 4.71a. Because most back and neck disabilities impact the cervical and lumbar spine, the VA uses a general rating criteria for injuries and diseases to the spine.
“If you take a look at this rating code, you’ll notice that the VA has equated certain range of motion scores with certain disability ratings. One of the ways that you can show the VA that you are entitled to a higher rating is to point out that your range of motion scores fit with the higher rating code.
“If you take a look at the rating code, you’ll notice that the ratings 30% and above require something called ankylosis. Ankylosis is essentially a lack of movement, and it means that your spine is fixed in a certain position due to your disability.
“If you’re looking at the rating code and notice that your range of motion scores alone will not be enough to get you to that next higher rating, and you don’t have ankylosis, what you can do is discuss your functional loss with the VA.
Functional loss of the back or neck
“In addition to range of motion scores and medical findings like ankylosis, the VA has to consider the severity of a veteran’s functional loss. Functional loss here refers to any impairment in a veteran’s functioning due to their service-connected back or neck disability.
“Commonly, veterans with neck disabilities report difficulty driving due to an inability to fully turn their neck. And veterans with a back disability often report difficulty bending forward to tie their shoes or sitting down in a chair that is not a recliner for a very long time.”
“By making the VA aware of the severity of your functional loss, that could trigger the VA to assign a higher rating.
“Sometimes a veteran doesn’t even need to show an actual medical finding of ankylosis, too. Just like the functional loss, you can demonstrate the functional equivalent of ankylosis.
“So, what does that look like? Sometimes veterans are required to wear neck or back braces for their condition that often leaves them fixed in a given position while the brace is on. So, without the brace, a veteran may be able to retain some range of motion and some movement in their spine, but while the brace is on, they cannot move at all. This may be the functional equivalent of ankylosis, and the VA has to consider that if you raise it.
“Another way to receive increased compensation for your back or neck disability is to argue that you have other conditions that are related to your back or neck.
“For example, back to the diagnostic code, there is a note at the end that states that any neurologic disabilities that can be attributed to your neck or back disability must be given a separate rating under the right diagnostic code. Common neurologic disabilities that we see here are radiculopathy, which is pain or numbness and tingling that starts in the back and neck and radiates elsewhere, often the lower extremities or the hands and fingers.
“Additionally, the VA has specified that bowel and bladder incontinence and impairment also deserve a separate rating.”
“From the day we contacted [Woods and Woods], they made us feel so comfortable. They treated us like we mattered and we were not just clients but family.”
L.B., a Navy veteran and wife in Florida
TDIU for neck and back disabilities
“Finally, if you have a severe neck or back condition, you may be entitled to a total disability rating based on individual unemployability, which is more commonly referred to as TDIU.
“One way to find out if you could be entitled to this benefit is to look at your functional limitations. The VA has to consider impairments in standing, sitting, bending, climbing stairs, grasping, or carrying objects, because those are common work tasks.
How Woods and Woods can help
“If you find that you have difficulty with any of these tasks, give us a call, we’d be happy to assist you. I’m Cecilia Santostefano. Thank you for watching.”
Talk to Us About Your Claim:
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Cecilia Ton
VA disability lawyer
Woods & Woods
Cecilia Ton earned her law degree from Syracuse University. She practiced VA benefits law at firms in Rhode Island and North Carolina. She joined Woods & Woods in 2021.
