Vet on wheelchair

Veteran Back Pain Claims | How to Get the Benefits You Deserve

Legally reviewed by Brendan Garcia , Partner and Lead Attorney

Service-related injuries can cause chronic pain that renders veterans eligible for VA disability back pain claims.

Summary

  • Back pain can be related to a traumatic in-service injury or the result of repetitive stress during military service.
  • To show an in-service connection, veterans should use their service record to show what specifically caused their back pain and seek medical care to document their condition.
  • Chronic back pain can make it difficult for veterans to work or enjoy life.
  • The VA tends to issue low disability ratings for back pain, so hiring a veterans disability claims lawyer to appeal your rating and secure benefits is essential. 

After being discharged from the military, many veterans continue to experience debilitating back pain. Unfortunately, this condition can come with a steep cost. Vets with service-related back pain may struggle with standing, sitting, or walking for extended periods, never mind performing manual labor at home or on the job. 

VA disability benefits can help relieve financial pressure on veterans who are living with chronic back pain caused or aggravated by their military service. Our team of VA disability claims attorneys at VetLaw has overseen numerous veteran back pain claims over the past decade, and we are ready to get to work for you, too. 

Although a VA denial can be discouraging, you shouldn’t let it stop you from pursuing the disability benefits you deserve. With this goal in mind, let our team handle your VA disability appeal.

VetLaw will provide the resources, insight, and support you need at every step. To schedule a free consultation to discuss your veteran back pain claim, call (855) 573-1503 or submit a contact form.

How to Secure VA Disability Benefits for Back Pain

Back pain is a common condition that veterans experience after discharge from the military. It can be the result of a single traumatic event or can emerge due to a build-up of stress over a period of time.

Fortunately, this pain could form the basis of a claim for benefits under the VA’s disability compensation program. Courts have already ruled that pain alone can be disabling in veterans disability claims.

To be eligible for benefits, a former servicemember must prove that they suffer from disabling back pain and that their current condition is directly traceable to their time on active duty. A VA-accredited attorney can help you make this essential service connection for back pain claims to obtain compensatory benefits.

Examples of Qualifying Back Pain Claims

Many back pain claims center around a chronic injury, which results from a single traumatic incident. For example, exposure to enemy fire, an IED explosion, or being in a motor vehicle accident can cause back injuries such as herniated disks, pinched nerves, or fractures.

However, even a veteran who never served on the front lines can sustain back injuries while serving in a logistics unit, an administrative role, or in an office setting. Chronic back pain can also be the result of repetitive stress.

For instance, moving heavy machinery or continuous physical training may wear down the disks separating the vertebral bones and cause extreme pain. Conditions such as degenerative disk disease, sciatica, or lumbago can result from continuous stressors over time.

Regardless of the exact event that caused the injury, a chronic condition resulting from active duty service that causes back pain may be the foundation for a successful VA disability claim.

How To Prove Your Back Pain Is Service-Connected

Proving that you suffer from chronic back pain is only one part of pursuing a successful claim for VA benefits, as it is also necessary to establish a connection between your time on active duty and your current health. The best way to make this connection is to present records from your time in the military.

Use them to point to a specific instance that may have caused your back injury. Documentation of an explosion, exposure to enemy fire, or even the date when you first complained of the pain to a medic or doctor can establish an event in service that may lead to qualifying for entitlement to service connection.

Follow-up care in the VA after discharge can also help prove this connection. It is essential to be honest with VA doctors when describing your symptoms and providing background on how they came to be. Their records can also be submitted as evidence of an in-service connection.

VetLaw’s team of steadfast attorneys can help veterans make the essential connections between their time in uniform and their back pain to show eligibility for VA disability compensation. Failure to make this connection is a common reason for the VA to deny benefits, but a VA-accredited lawyer can help you pursue an appeal if you are denied compensation.

A VA-Accredited Attorney Can Assist With Your VA Disability Back Pain Claim

Back pain is a common disabling condition that limits many veterans’ mobility and ability to work. These injuries can be the result of isolated incidents that fracture vertebrae, misalign the spine, or damage disks, as well as repetitive stress from lifting heavy loads, riding in military vehicles, or even being on your feet for extended periods.

A back pain claim for VA disability compensation benefits must demonstrate not only the disabling nature of your physical condition but also its connection to your time on active duty.

VetLaw’s team of skilled attorneys can help you prove the severity of your condition and gather military records that indicate that your injury took place while in uniform. Call to learn more about veteran back pain claims for disability benefits. You can reach us at (855) 573-1503 or submit a contact form to schedule a free consultation.


Frequently Asked Questions

How does the VA measure back pain when determining a veteran’s disability rating?

Pain is relatively subjective, so VA ratings for back pain claims are not based exclusively on this indicator. Instead, the VA uses a few different metrics to evaluate veteran back pain claims.

In addition to Painful Motion, the VA also considers Limitation of Range of Motion and Functional Loss or Impairment when assigning a disability rating for service-related back pain.

Then, the VA weights these factors in a formula that calculates the veteran’s VA disability rating. The average VA disability rating for back pain is under 30%.

Can I qualify for TDIU benefits without a 100% VA disability rating for back pain?

Yes, veterans with back pain claims can still access Total Disability benefits without a 100% VA disability rating if they meet other qualifications. To start, they must show they meet the VA definition of Individual Unemployability.

Then, the veteran must prove that they have the right combination of VA disability ratings to meet the eligibility threshold for TDIU benefits. One option is they can have a service-related disability with a 60% or higher rating.

Alternatively, they can show that they qualify under the VA 70/40 rule for TDIU. That means the vet must have at least one service-related condition rated at 40% or more and an overall VA disability rating of 70%. 

Are my VA disability benefits for service-related back pain permanent?

In most veteran back pain claims, VA disability benefits are not automatically permanent. If the VA thinks that your back pain will materially improve over time or with treatment, it can reassess your rating in the first five years and adjust it as needed. 

However, if your back pain does not improve and you maintain the same rating for ten years, according to the VA’s ten-year rule, your entitlement to some level of benefits is essentially permanent. After twenty years, the VA generally can’t lower your rating below your lowest rating for your back pain.